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

Page Finder Index

| Printed Page 1830, Mar. 21 | Printed Page 1850, Mar. 21 |

Printed Page 1840 . . . . . Tuesday, March 21, 1995

Rep. HARVIN seconded the nomination.

On motion of Rep. RHOAD, nominations were closed.

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 Mr. Ervin:

Alexander         Drummond         Waldrep

TOTAL--3

The following named Senators voted for Ms. Hearn:

Elliott           Glover           Hayes
Leventis          Rankin           Smith, G.

TOTAL--6

The following named Senators voted for Mr. Stilwell:

Bryan             Cork             Courtney
Ford              Giese            Gregory
Holland           Jackson          Land
Lander            Leatherman       Martin
Matthews          McConnell        McGill
Mescher           Moore            Passailaigue
Patterson         Peeler           Reese
Russell           Ryberg           Saleeby
Setzler           Short            Smith, J.V.
Thomas            Washington       Williams
Wilson

TOTAL--31

On motion of Rep. WILKINS, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Ervin:

Byrd             Cain             Carnell
Chamblee         Cooper           Harris, P.


Printed Page 1841 . . . . . Tuesday, March 21, 1995

Keyserling       Kirsh            Klauber
Limbaugh         Lloyd            Marchbanks
Mason            McAbee           McTeer
Phillips         Rogers           Sandifer
Seithel          Sheheen          Stille
Townsend         Tucker           Waldrop
Whipper, L.      White            Williams

Total--27

The following named Representatives voted for Ms. Hearn:

Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Canty            Cave             Clyburn
Cotty            Cromer           Delleney
Elliott          Felder           Gamble
Govan            Harris, J.       Harrison
Hines            Hodges           Howard
Inabinett        Jennings         Keegan
Kelley           Kennedy          Kinon
Knotts           Koon             Martin
McCraw           McElveen         McKay
Meacham          Moody-Lawrence   Neal
Neilson          Rhoad            Scott
Shissias         Simrill          Spearman
Stuart           Thomas           Vaughn
Whatley          Whipper, S.      Wilkes
Witherspoon      Worley           Wright
Young, J.

Total--55

The following named Representatives voted for Mr. Stilwell:

Allison          Anderson         Brown, H.
Cato             Cobb-Hunter      Dantzler
Easterday        Fair             Fleming
Fulmer           Harrell          Harvin
Haskins          Herdklotz        Huff
Hutson           Lanford          Law
Limehouse        Littlejohn       McMahand


Printed Page 1842 . . . . . Tuesday, March 21, 1995

Quinn            Rice             Richardson
Riser            Robinson         Sharpe
Smith, D.        Smith, R.        Stoddard
Tripp            Trotter          Walker
Wells            Wilder           Wilkins
Wofford          Young, A.

Total--38

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 120
Grand Total . . . . . . . . . . . . 160
Necessary to a choice . . . . . . 81
Of which Mr. Ervin received . . . 30
Of which Ms. Hearn received . . . 61
Of which Mr. Stilwell received . . . 69

Whereupon, the President announced that none of the candidates, having received the necessary vote, the Joint Assembly would proceed to the next ballot.

Rep. TOWNSEND withdrew Judge Tom Ervin 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 Ms. Hearn:

Elliott           Ford             Glover
Hayes             Leventis         Rankin
Smith, G.

TOTAL--7

The following named Senators voted for Mr. Stilwell:

Alexander         Bryan            Cork
Courtney          Drummond         Giese
Gregory           Holland          Jackson
Land              Lander           Leatherman
Martin            Matthews         McConnell
McGill            Mescher          Moore


Printed Page 1843 . . . . . Tuesday, March 21, 1995

Passailaigue      Patterson        Peeler
Reese             Russell          Ryberg
Saleeby           Setzler          Short
Smith, J.V.       Thomas           Waldrep
Washington        Williams         Wilson

TOTAL--33

On motion of Rep. WILKINS, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Hearn:

Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Canty            Carnell
Cave             Clyburn          Cotty
Cromer           Dantzler         Delleney
Elliott          Gamble           Govan
Harris, J.       Harris, P.       Harrison
Hines            Hodges           Howard
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Limbaugh
Marchbanks       Martin           Mason
McAbee           McCraw           McElveen
McKay            McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Riser
Rogers           Scott            Sheheen
Shissias         Simrill          Spearman
Stille           Stuart           Thomas
Townsend         Tucker           Vaughn
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Witherspoon      Wofford          Worley
Wright           Young, J.

Total--77



Printed Page 1844 . . . . . Tuesday, March 21, 1995

The following named Representatives voted for Mr. Stilwell:
Allison          Anderson         Brown, H.
Cain             Cato             Chamblee
Cobb-Hunter      Cooper           Easterday
Fair             Felder           Fleming
Harvin           Haskins          Herdklotz
Huff             Hutson           Lanford
Law              Limehouse        Littlejohn
Lloyd            McMahand         Quinn
Rice             Richardson       Robinson
Sandifer         Sharpe           Smith, D.
Smith, R.        Stoddard         Trotter
Waldrop          Walker           Wells
Wilkins          Williams         Young, A.

Total--39

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 116
Grand Total . . . . . . . . . . . . 156
Necessary to a choice . . . . . . 79
Of which Ms. Hearn received . . . 84
Of which Mr. Stilwell received . . . 72

Whereupon, the President announced that Ms. Kay G. Hearn having received a majority of the votes cast, was duly elected for the term prescribed by law.

RECORD FOR JOURNAL

Due to mechanical problems with voting machine, my vote was incorrectly recorded as N.V. when it should have been recorded a Yes vote for Stilwell (on second Ballot).

Rep. DAN L. TRIPP

ELECTION OF A CIRCUIT COURT JUDGE,

FIFTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit.


Printed Page 1845 . . . . . Tuesday, March 21, 1995

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: the Honorable J. Ernest Kinard, 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 J. Ernest Kinard, Jr., was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,

SEVENTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: the Honorable J. Derham Cole.

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 J. Derham Cole, was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,

NINTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.

Senator McConnell, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Ms. Amie Lois Clifford, Dale L. DuTremble and the Honorable Daniel E. Martin, Sr.

Senator McConnell announced that Amie Lois Clifford, had withdrawn her name as a candidate.

Senator Passailaigue nominated Daniel E. Martin, Sr. as follows:

"Thank you Mr. President, ladies and gentlemen, my fellow colleagues... You know I don't normally do this, in fact, the senator from Williamsburg usually does all of the counting around here, so he can probably tell you the handicap on all of the races. But, just let me rise right now and make a few remarks about my friend, Danny Martin, and about the South Carolina Judiciary. Because what is intriguing to me as a nonlawyer is the fact that we have so many fine men and women that


Printed Page 1846 . . . . . Tuesday, March 21, 1995

serve this State in the judiciary. I complement them, not only in terms of the people who serve now, but the people who have offered for service. So many people who offer and did not make it, but they are just fine people. I find these races very difficult. What is the mark of a man? Mark of a man is honesty, integrity and if you are looking for somebody who has those qualifications, it is my friend, Danny Martin. Danny was born in Bluffton, one of 11 children. He attended Allen University and South Carolina State College where he got his law degree. He also taught high school and he is a people person. He worked with the neighborhood legal assistance program. He has practiced law and he is married, has two fine children, one serves as a magistrate in Charleston County. He is an outstanding church member, working with a large congregation in Emanual A.M.E. Church. He is a tireless worker. Let me tell you something else about Danny Martin. As some of you may not know, back when I first ran for office, back in 1988, I had a very difficult primary and I was running against an outstanding individual, an African-American, in the primary in Charleston County. There were three members of the delegation that stood up for me. They were Senator Washington, Senator Fielding and Representative Martin. I never forgot that because that speaks volumes about somebody's character, honesty and integrity. What are you looking for in somebody to serve on the bench of this State? Are you looking for somebody who is perfect? I submit to you that there is no such perfect, but if you are looking for somebody that has impeccable character, who is honest and hard working, who is independent, who is trust worthy, who is a consensus builder and who always listens and wants to go the extra mile with people, then you couldn't find a better person than Judge Martin. In making a nomination speech, I always like to think that I am speaking for somebody and not against somebody else because there are other fine people in this race, but I can tell you that I am proud to call Danny Martin my friend and I think that when you reflect back on his career, his long distinguished career, in politics and on the bench, you couldn't find or have a better choice than my friend, Danny Martin. Thank you."

Reps. J. BROWN, INABINETT and HARVIN seconded the nomination.

Rep. HARRELL nominated Dale L. DuTremble as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly... It is my honor to rise before you to nominate Dale DuTremble for the Ninth Circuit judgeship. I've read the screening report


Printed Page 1847 . . . . . Tuesday, March 21, 1995

cover to cover. I know most of you have, too. One fact jumps out at you more than any other in this report and that is that there is one race today where one person is clearly much more qualified to be a judge that the other candidate. This is that race. A lot of people in this Chamber have talked in the past, the recent past, about how qualifications matter to them. About how voting for someone who has been found not qualified would be the wrong thing to do and how they would never do that. Now, today, we get to see if qualifications really matter. Because today, we have a very clear choice between someone the Bar says is qualified and someone it says it not qualified. Between someone who our own screening committee gave a 1.0 on a 1-4 scale, not a 0-4 scale, but a 1-4 scale and someone they gave a 2.86. Between someone who has his own solicitor come up here and testify against him, and someone who had a former United States Attorney up here working hard on his behalf. Ladies and gentlemen, there is no question, if you have ever said that qualifications matter to you, then now is the time. I want to tell you a little bit about Dale DuTremble. Dale is a United States Marine Corp Veteran. He served two tours in Vietnam and was decorated for his service there. After the war, he came back home and went to college and law school here at the University of South Carolina. Since law school, he has worked in the Public Defender's Office, Solicitor's Office, and the U.S. Attorney's Office. He has served as a legal instructor at the S.C. Criminal Justice Academy. Currently, he is in private practice. Our screening committee found that Dale DuTremble `has extensive experience with the type of issues he would encounter as a Circuit Court Judge.' They determined that he has `extensive criminal experience and experience with complex civil litigation.' His Martindale-Hubbell rating is AV, the highest possible rating. From reading the report, it is obvious who they believe to be the most qualified person for this position. The entire State of South Carolina is watching today to see if we elect the most qualified person we can to this judgeship or if we will ignore all of the information, and there's a lot, we have about both of these candidates. If you have ever said that qualifications matter to you, then you clearly must vote for Dale DuTremble. He is an excellent family man, an decorated war veteran, a hardworking successful attorney, and he will make an outstanding judge. Mr. President, it is now my honor to place Dale DuTremble into nomination for Judge of the Ninth Judicial Circuit."

Reps. HALLMAN, FULMER, WHATLEY and SEITHEL seconded the nomination.

On motion of Senator McConnell, nominations were closed.


Printed Page 1848 . . . . . Tuesday, March 21, 1995

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 Mr. DuTremble:

Alexander         Cork             Courson
Drummond          Giese            Gregory
Hayes             Martin           McConnell
Mescher           Peeler           Russell
Ryberg            Setzler          Thomas
Williams          Wilson

TOTAL--17

The following named Senators voted for Judge Martin:

Bryan             Courtney         Elliott
Ford              Glover           Jackson
Land              Lander           Leatherman
Leventis          Matthews         McGill
Moore             Passailaigue     Patterson
Rankin            Reese            Saleeby
Short             Smith, G.        Smith, J.V.
Waldrep           Washington

TOTAL--23

On motion of Rep. WILKINS, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. DuTremble:

Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Easterday
Fleming          Fulmer           Gamble
Hallman          Harrell          Harrison
Haskins          Hutson           Keegan
Kirsh            Klauber          Knotts
Koon             Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McKay            Meacham
Quinn            Rice             Riser
Robinson         Sandifer         Seithel


Printed Page 1849 . . . . . Tuesday, March 21, 1995

Shissias         Simrill          Stuart
Tripp            Trotter          Tucker
Vaughn           Walker           Whatley
Wilkins          Wofford          Young, A.
Young, J.

Total--49

The following named Representatives voted for Judge Martin:

Anderson         Askins           Bailey
Baxley           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Canty            Carnell
Cave             Clyburn          Cobb-Hunter
Delleney         Elliott          Fair
Felder           Govan            Harris, P.
Hines            Howard           Huff
Inabinett        Jennings         Kelley
Kennedy          Kinon            Lloyd
Martin           McAbee           McCraw
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Scott            Sharpe
Sheheen          Smith, R.        Spearman
Stille           Stoddard         Townsend
Waldrop          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Witherspoon      Worley

Total--57

RECAPITULATION

Total number of Senators voting . . 40
Total number of Representatives voting 106
Grand Total . . . . . . . . . . . . 146
Necessary to a choice . . . . . . 74
Of which Mr. DuTremble received . 66
Of which Judge Martin received . 80


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