Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
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Printed Page 1830 . . . . . Tuesday, March 21,
1995
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey
Beatty Breeland Brown, H.
Brown, T. Cain Canty
Carnell Cave Chamblee
Cooper Dantzler Delleney
Easterday Elliott Fair
Fleming Fulmer Govan
Hallman Harrell Haskins
Herdklotz Huff Inabinett
Klauber Lanford Littlejohn
Lloyd Marchbanks McCraw
McMahand Meacham Moody-Lawrence
Neal Phillips Quinn
Rhoad Rice Sandifer
Sharpe Simrill Smith, D.
Smith, R. Stoddard Tripp
Trotter Vaughn Waldrop
Walker Wells Whatley
Whipper, L. Whipper, S. White
Wilder Wilkins Wofford
Young, A.
Total--61
The following named Representatives voted for Judge Pleicones:
Boan Brown, J. Byrd
Clyburn Cobb-Hunter Cotty
Felder Gamble Harrison
Hodges Howard Hutson
Keegan Keyserling Kirsh
Knotts Law Limehouse
Mason McAbee Richardson
Riser Robinson Rogers
Scott Sheheen Shissias
Spearman Stille Stuart
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1995
Townsend Tucker Wilkes
Williams Wright
Total--35
RECAPITULATION
Total number of Senators voting . . 42
Total number of Representatives voting 119
Grand Total . . . . . . . . . . . . 161
Necessary to a choice . . . . . . 81
Of which Judge Anderson received 34
Of which Judge Burnett received . 78
Of which Judge Pleicones received . . 49
Whereupon, the President announced that none of the candidates, having received
the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. BAXLEY withdrew Judge Ralph King Anderson, Jr. as a candidate.
The Reading Clerk of the Senate called the roll of the Senate and the Senators
voted viva voce as their names were called.
The following named Senators voted for Judge Burnett:
Alexander Bryan Courtney
Glover Hayes Lander
Martin Matthews McConnell
McGill Passailaigue Peeler
Rankin Reese Russell
Saleeby Smith, J.V. Thomas
Washington Williams
TOTAL--20
The following named Senators voted for Judge Pleicones:
Cork Courson Drummond
Elliott Ford Giese
Gregory Holland Jackson
Land Leatherman Leventis
Mescher Moore Patterson
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1995
Richter Ryberg Setzler
Short Smith, G. Waldrep
Wilson
TOTAL--22
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Judge Burnett:
Allison Anderson Bailey
Baxley Beatty Breeland
Brown, H. Brown, T. Cain
Canty Carnell Cato
Cave Chamblee Clyburn
Cooper Dantzler Delleney
Easterday Elliott Fair
Fleming Fulmer Govan
Hallman Harrell Harvin
Haskins Herdklotz Hines
Huff Hutson Inabinett
Jennings Kelley Klauber
Koon Lanford Law
Limbaugh Limehouse Littlejohn
Lloyd Marchbanks Martin
McCraw McKay McMahand
Meacham Neal Neilson
Phillips Quinn Rhoad
Rice Robinson Sandifer
Seithel Sharpe Simrill
Smith, D. Smith, R. Spearman
Stoddard Thomas Tripp
Trotter Vaughn Waldrop
Walker Wells Whatley
Whipper, L. Whipper, S. White
Wilder Wilkes Wilkins
Witherspoon Wofford Young, A.
Young, J.
Total--82
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1995
The following named Representatives voted for Judge Pleicones:
Askins Boan Brown, G.
Byrd Cobb-Hunter Cotty
Cromer Felder Gamble
Harris, J. Harrison Hodges
Howard Keegan Kennedy
Keyserling Kirsh Knotts
Mason McAbee McElveen
McTeer Moody-Lawrence Richardson
Riser Rogers Scott
Sheheen Shissias Stille
Stuart Townsend Tucker
Williams Worley Wright
Total--36
RECAPITULATION
Total number of Senators voting . . 42
Total number of Representatives voting 118
Grand Total . . . . . . . . . . . . 160
Necessary to a choice . . . . . . 81
Of which Judge Burnett received . 102
Of which Judge Pleicones received . . 58
Whereupon, the President announced that the Honorable E.C. Burnett, III, having
received a majority of the votes cast, was duly elected for the term prescribed
by law.
ELECTION OF A COURT OF APPEALS JUDGE, SEAT 4
The President announced that nominations were in order for an Appeals Court
Judge, Seat 4.
Senator McConnell, on behalf of the Joint Screening Committee, stated that
the following candidate had been screened and found qualified: the Honorable C.
Tolbert Goolsby, Jr.
On motion of Senator McConnell, nominations were closed, and with unanimous
consent, the vote was taken by acclamation, resulting in the election of the
nominee.
Whereupon, the President announced that the Honorable C. Tolbert Goolsby,
Jr., was duly elected for the term prescribed by law.
Printed Page 1834 . . . . . Tuesday, March 21,
1995
ELECTION OF A COURT OF APPEALS JUDGE, SEAT 3
The President announced that nominations were in order for an Appeals Court
Judge, Seat 3.
Senator McConnell, on behalf of the Joint Screening Committee, announced that
the following candidates had been screened and found qualified: the Honorable
Tom J. Ervin, the Honorable Ben A. Hagood, Jr., the Honorable Kaye G. Hearn and
the Honorable H. Samuel Stilwell.
Rep. HALLMAN withdrew Ben A. Hagood, Jr., as a candidate.
Rep. P. HARRIS nominated the Honorable Tom J. Ervin as follows:
"Mr. President, Mr. Speaker, Members of the House and Senate, Ladies and
Gentlemen... I rise today to place in nomination the name of Tom Ervin for Seat
3 of the Court of Appeals. Judge Ervin has dedicated his life to public
service. Beginning in 1978, just a year out of law school, he became the Town
Attorney for the Town of Honea Path. He served his community in this position
until 1979 when he became an Assistant Solicitor for Anderson County. He was
then sent by the people of Anderson County to represent them in this House from
1980 until 1984. While serving in the House, he was a member of the Judiciary
Committee, the Crime Study Committee, the State Reorganization Commission, and
the Children's Coordinating Cabinet. In 1984 he began a year's service to this
State as a South Carolina Worker's Compensation Commissioner. Then, in 1985 he
was elected to his current position as Resident Circuit Judge for the Tenth
Judicial Circuit. I would like to note here that Judge Ervin was the youngest
person ever elected to the trial bench. However, his service to his community
has not been limited to his work in government. He is an active member of his
community as a Charter Member of the Honea Path Civitan Club, member of the
Junior Chamber of Commerce, and member of the Anderson County Arts Council. He
has also worked for his community in Habitat for Humanity, Crisis Ministries,
and as a member and Past Chairman of the Administrative Board of Trinity United
Methodist Church in Honea Path. Judge Ervin has also been an active member of
the South Carolina Bar. He is the Past President of the Anderson County Young
Lawyers Association. And he currently serves as a member of the Judicial
Administration Division of the American Bar Association. He is also the author
of Ervin's South Carolina Requests to Charge - Civil and Criminal Law. Judge
Ervin has donated all of his royalties for this book to the South Carolina Bar.
The South Carolina Bar, Judicial Qualifications Committee, reports that it is
the collective opinion that the Honorable Tom Ervin is qualified to the position
of Seat 3 of the Court of Appeals. The Bar goes on to cite his
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1995
ten years service as a Circuit Court Judge. He is respected by an overwhelming
majority of the members of the Bar contacted for his legal skills, legal writing
ability, impartiality, judicial temperament, promptness and industry in his work
as a Circuit Judge. He was also found legally qualified by the Joint Committee
on Judicial Screening. The input the Joint Committee received from its own
survey and the report of the Bar was that Judge Ervin's character, integrity,
and reputation are outstanding. The joint committee found that Judge Ervin has
complied with all continuing judicial education requirements and has lectured at
five continuing legal education programs. In addition to his books, which I
mentioned earlier, he has also published an article, `What Does `Beyond a
Reasonable Doubt' Really Mean?' in the South Carolina Lawyer. The Joint
Committee also found his judicial temperament to be outstanding. Finally, I
would like to tell you that his educational background which prepared him for
the aforementioned accomplishments is that of a Cum Laude graduate of Erskine
College. He received his law degree from the University of South Carolina.
There is so much more I would like to tell you about Tom Ervin, but time will
not allow. So, I will close by asking you to vote for Judge Ervin to fill Seat
3 of the Appeals Court. I assure you, he will serve this State well. Thank
you."
Rep. TUCKER seconded the nomination.
Rep. THOMAS nominated the Honorable Kaye G. Hearn as follows:
"Mr. President, Mr. Speaker, members of the Judiciary, Senate and House
members... I have come to express my respect, appreciation and faith in an
outstanding individual, an outstanding Family Court Judge and Lord willing, an
outstanding Appellate Court Judge. Kaye Hearn was born in Ohio and grew up in
Warren, Pennsylvania. She studied ballet and drama and nearly went to New York
after high school to pursue a career in the arts. At the urging of her parents,
she instead went to Bethany College, in West Virginia where she was the
recipient of numerous awards and honors, including the Chapman prize in history,
leadership honorary, and the Vira Heinz Traveling Fellowship which was awarded
to Junior women based upon scholarship, leadership and conduct. Her interest
and activities were not limited simply to academics as she also served as
President of her sorority and Captain of the cheerleading squad. She graduated
magna cum laude from Bethany College with a B.A. in history and political
science. She attended the University of South Carolina School of Law, where she
was active on the International Law Moot Court Team, which won the regional
competition and advanced to
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1995
the semi-final round in national competition. She was a legal writing
instructor her senior year and was research assistant to then Professor Randall
Bell. She was honored for her scholastic abilities with the Coleman Karesh
Scholarship and American Jurisprudence Award in the area of Conflict of Laws,
and the Wig and Robe Scholastic Honorary Society. In 1977, Kaye Hearn graduated
fifth in her class, cum laude, with her juris doctorate from the USC School of
Law. She then embarked on what she describes as a turning point in her career,
when she became a law clerk for the Honorable J.B. `Bubba' Ness, then Associate
Justice of the South Carolina Supreme Court. It was while working with Justice
Ness that Kaye Hearn developed the goal to one day become a judge. The two
years she spent working with Justice Ness grounded Kaye Hearn with an admiration
and respect for the important role our justice system plays in the life of all
of the citizens of South Carolina. In 1979, Kaye began practicing with a firm
in Loris. It was during this time that she married George M. Hearn, Jr., of
Rock Hill, and they practiced law together in the law firm of Stevens, Stevens,
Thomas, Hearn and Hearn. Her work with the firm involved general civic trial
litigation and an active appellate practice which included domestic matters,
civil cases and criminal convictions. During this time, she also became a
member of the South Carolina Board of Bar Examiners, testing law school
graduates on family law, equity, wills and trusts. Because of her knowledged
expertise in appellate matters, she was called upon to contribute to the
`Appellate Advocacy Handbook' published by the South Carolina Bar in 1985
joining such notable legal scholars as Randall Bell, Alex Sanders, and Bubba
Ness. In 1986, this great branch of the government saw fit to elect Kaye Hearn
as Family Court judge for the Fifteenth Judicial Circuit. True to form, Kaye
entered this new challenge with enthusiasm and hard work. She continued to
lecture at numerous continuing legal educational and judicial continuing legal
education programs. She implemented a program in Horry and Georgetown counties
to educate parents on the effects of divorce on children and a program to
provide assistance during the court process to abused spouses. She has served
on the bench for the past nine years and is the Chief Administrative Judge over
Family Court in Georgetown and Horry Counties. She was the third female Family
Court Judge in South Carolina and has served as State President of the Family
Court Judges. She also was the first woman to hold Circuit Court jury and
nonjury trials in South Carolina serving on numerous occasions upon appointment
of the Chief Justice. She remains an active member of St. Paul's Episcopal
Church, having served as Choir Director, President of the Women of the Church,
and Senior Warden. All this, while continuing
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1995
in her beloved role was wife and mother of her daughter Kathleen, born Aug. 9,
1988. It has been said that a man is judged by the company he keeps. A person
is also judged by the company that keeps him... or her. But the best judgement
of all if the judgement of one's peers. In response to the questionnaires sent
out by the South Carolina Bar, Judge Hearn was rated as one of the top Family
Court Judges in the State. Over 70 percent of the lawyers surveyed, gave her a
top score of excellence in legal knowledge and ability. She also received a
clear majority of excellent marks for her judicial temperament and courtesy to
litigants. The Bar's qualification committee report says that `she is well
liked and respected by lawyers who appear before her, she is intelligent, a
student of the law, able to quickly focus on relevant issues in cases coming
before her and make prompt rulings on evidentiary and discovery matters, she is
fair in her rulings and enforcement of the Court rules, and not influenced by
the identity of parties and their attorneys, and she is courteous to litigants
and attorneys and has an excellent judicial temperament.' She also has been
described as a `no nonsense judge who is strict and compassionate, tough but
fair.' Judge Hearn has the judicial experience, the analytical ability, the
legal knowledge and the work ethic to be an outstanding Appellate Court Judge.
These characteristics, along with her uncompromising belief in our judicial
system, make her the right choice for this high position. I ask you today to
also be uncompromising and to support Kaye G. Hearn for the Court of Appeals.
Al Jolson, the greatest performer of his time used to say to the audience when
they cheered him, `You ain't seen nothin' yet.' The grammar may leave something
to be desired, but the message is crystal clear and I believe it furnishes a
fitting theme for the career of Kaye Hearn. With each new challenge, Kaye has
risen to the occasion, doing not only what was required, but exceeding all
expectations by doing so much more. Placing the mantle of responsibility on
Kaye Hearn simply inspires her to meet the challenge and seek further
opportunities to serve. With the judicial system stressed, and changes being
made by this Body which may further impact the judicial branch of our
government, new challenges loom before us today. Our selection of judges who
will serve South Carolina is more important now than ever before. Kaye Hearn
has proven she can meet the challenge. Hopefully, all of you know by now that I
am a person who will stand up and fight for what I believe in with respect to
what is right for the citizens of South Carolina. I stand before you now doing
just that. Kaye Hearn is the person best suited to be elected as our next
Appellate Court Judge. It is my great privilege to nominate Kaye Hearn for
Court of Appeals #3. Thank you."
Printed Page 1838 . . . . . Tuesday, March 21,
1995
Reps. RHOAD, SIMRILL, HARVIN, KEEGAN and KELLEY seconded the nomination.
Rep. WILKINS nominated the Honorable H. Samuel Stilwell as follows:
"Mr. President, ladies and gentlemen of the Joint Assembly... It is my
distinct privilege and honor today to nominate Sam Stilwell for Seat 3 on the
Court of Appeals. I am very proud to be standing before you to nominate to the
second highest court in this State someone for whom I have so much respect. Sam
Stilwell is a known quantity. I've known him and worked with him for many
years. You know him and have worked with him. So we know what we're getting
and we know the quality of the person and the type of person that he is. Mr.
Stilwell is a native South Carolinian. He was educated in the public schools in
South Carolina. He graduated from the University of South Carolina and then
attended USC Law School where he graduated first in his class. He held all the
honors in law school. Suffice it to say, his law school career was outstanding.
After law school, Mr. Stilwell served in Washington as Legislative Assistant to
Senator Strom Thurmond before returning to Greenville in 1967. Mr. Stilwell has
been very active in the Greenville community and in his church. He and his
wife, Robin, have 4 children, one of whom, Allison, works for me. And if his
other 3 children are anything like Allison, Sam and Robin get an A+ for the job
they have done in raising children. Mr. Stilwell has been practicing law either
as a sole practitioner or with a small firm in Greenville for the past 27 years.
He has maintained a general practice with emphasis in family law, civil
litigation and criminal law. He's appeared in Federal Court and State Court,
Criminal Court, Civil Court, Probate Court, Family Court and Magistrate's Court,
the South Carolina Court of Appeals and the South Carolina Supreme Court. He's
has been involved in jury trials, non-jury trials, civil cases, criminal cases,
wreck cases, family court cases and appeals. You name it, he's done it. And
when you are a general practitioner, especially when you are with a small firm
or by yourself, you don't have the luxury of having some specialty where you do
the same thing day in and day out. Instead, you are required to acquire vast
legal experience on a vast spectrum of subjects and in different courts. And
that's exactly what Sam Stilwell has done for the past 27 years. The Joint
Screening Committee found Mr. Stilwell to have handled sophisticated legal
matters and to have experience he would need for service on the Court of
Appeals. His vast experience will serve him well on this court. Mr. Stilwell as
an attorney not only knows the law but he has helped
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1995
shape the law for the past 8 years while serving in the South Carolina Senate.
The Screening Panel noted Mr. Stilwell's willingness while in the Senate to lend
his experience and leadership to very complex legal matters including the 1991
Ethics Act and Government Restructuring Act. I served on the Ethics Conference
Committee with Mr. Stilwell and I can tell you - he brought to that panel a
willingness to work, an understanding of a very complex issue and moderation in
a time when moderation was needed. When tempers flared, Sam Stilwell always
provided a steady hand. The Sam Stilwell I know and I nominate for the Court of
Appeals today has a wide range of legal and legislative experience. We've heard
so much lately about qualifications and who's the most qualified. In fact, this
year the Joint Screening Committee for the first time asked all candidates
questions about practice and procedure to insure that they were conversant in
basic principles that judges encounter on the bench every day. They were graded
for their response. Of all the candidates for Seat 3 of the Court of Appeals,
Mr. Stilwell scored higher than any of the other candidates for his knowledge of
the law. You talk about qualified, Sam Stilwell is imminently qualified. But
beyond that, it's the quality of the person that makes him such an outstanding
candidate for the Court of Appeals. I have seen him time and time again exhibit
moral integrity and strong character. He is impeccably honest and fair. He
will bring a degree of humility and common sense to the bench that is sometimes
sorely needed. He has that good 'ole common sense and that ability to figure
out what's right and what's fair in any given situation. I've known Sam Stilwell
for many years. I've worked with him on many issues. I know this about him -
he's smart. He's intelligent. He's not overbearing and he's willing to listen.
One of the most important characteristics to look for in a judicial candidate is
temperament. It's called judicial temperament. It's about having compassion,
about being fair, about being even-handed and steady. Sam Stilwell possesses a
judicial temperament that we all want in our judges. The Joint Committee and
the Bar Committee found that Sam Stilwell's judicial temperament was
outstanding. So it's a pleasure to stand before you to nominate a candidate who
is so well qualified and whose knowledge of the law is unquestioned. No one can
challenge Sam Stilwell's qualifications to be a judge on the Court of Appeals.
His legal career, his legislative career, his commitment to his community and to
his family have all qualified him to be placed on
Printed Page 1840 . . . . . Tuesday, March 21,
1995
this court. It is with a great deal of pride that I nominate Sam Stilwell for
Seat 3 of the Court of Appeals. Thank you."
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