Printed Page 4110, May 25
| Printed Page 4130, May 25
|
Printed Page 4110, May 25
| Printed Page 4130, May 25
| The President announced that nominations were in order for a Judge, Family Court, Eight Judicial Circuit, Seat 3.
Senator McConnell:
"In the Eighth Judicial Circuit, Abbeville, Greenwood, Laurens, Newberry counties, Seat No. 3 of the Family Court, the Joint Committee screened one candidate for Seat No. 3, the Honorable William K. Charles, Jr. was screened on May 1, 1995. Four members of the Joint Committee voted to find Judge Charles unqualified and four voted to find him qualified for judicial office. Now, I understand that there are persons who wish to nominate this candidate for reelection and Mr. President, since this now becomes contested and as I understand parliamentary law, a no vote would be to vote against Judge Charles or an affirmative vote. I want to give the report of the screening committee on behalf of the four of us who found him not qualified. The Joint Committee was contacted by a witness who wished to testify in opposition to Judge Charles' re- election. A Joint Committee staff person contacted Judge Charles as per the Joint Committee's rules to inform him of the witness' desire to testify against him and we give at that time the name of the person. Judge Charles then contacted the witness' attorney whom he knew would discourage her from testifying. In his testimony before the Joint Committee, he had at least one or possibly two previous conversations with the attorney and knew that the attorney did not want the person to testify. In his testimony before the Joint Committee, Judge Charles admitted contacting the witness' attorney and did not appear to believe that his conduct was improper. We believe that Judge Charles' conduct was inexcusable. Judge Charles attempted to protect himself by intimidating a witness. Such behavior is repugnant, particularly when the conduct is by a member of the judiciary. Judge Charles admitted on the record that he contacted the witness' attorney and said `It's my decision when my neck's on the line.' We believe that this matter is of such a serious nature that we cannot in good conscience find Judge Charles qualified for further service on the bench. The judicial screening process depends on witnesses being able to appear before the Joint Committee without fear of reprisal or intimidation or being subject to chilling influences. Interference with witnesses strikes at the heart of this process, and judges should be held to the highest standards in this regard. For those reasons, four of us made the report that we could not find Judge Charles qualified to continue service on the bench, Mr. President."
"Mr. President, Mr. Speaker, and fellow members of the General Assembly, I am indeed proud to be privileged to have the opportunity to have somewhat of an expanded role in this one of the most important duties of this year's assembly. Today, you and I have the awesome responsibility of electing those individuals who will wear, or continue to wear, the robes of the Judiciary of this State. In South Carolina, the Constitution wisely vests the people's representatives with the responsibility of selecting the members of our Judiciary. The South Carolinians who have served and the method of their selection have guaranteed the fundamental principle of self-government in every branch of our system. The most artful attempt to improve the Judiciary must never stray beyond the reach of the people. For in the last analysis, we must guarantee that our Judicial system remains firmly in the hands of the people it was designed to serve. It may well be that our only guarantee of justice is a judge's character, quality, humanity and the values he brings to his office. In the most recent years, we have been called upon to fill a large number of new judgeships. A very large number of the new judges have been both young in age and young in the number of years that they have practiced law or served in public life. Today in the matter for which I rise, I am thankful that we in my county and circuit have been so fortunate to have older, wise and seasoned members of our judiciary from the magistrate's level right on up to a Justice upon the Supreme Court. Those members of the Judiciary in my county and circuit have been tested, tried and found to be true blue. Except for the usual disgruntled client who feels that they were not the winner in some contest before the court, we have been totally absent of any inkling of any action by members of any of our Judiciary that would not meet the test of the finest attributes of the profession of the Judiciary. I am grateful for the opportunity to be able to place in nomination for re-election the name of a gentleman who has conducted himself on and off the bench with absolute fairness and total concern for justice without showing favoritism to anyone. Believe me when I tell you that, even though I am no lawyer and have never had the pleasure of practicing before this man, I have received an abundance of praise for his work as a Family Court Judge. This man is a family man, a church-going Christian and has the absolute respect of the bar and all intelligent and unbiased citizens of our county and circuit. This Judge has been in the field of law for almost a half century, has successfully practiced law with his father and with his son. He has served for some twenty (20) odd years as the City Attorney for the City of Greenwood and has graced the bench as a judge for some twelve (12) years and now has
Senator Drummond made the following remarks:
"Mr. President, Mr. Speaker, and the finest General Assembly ever assembled... I feel it is my duty to stand here and I don't want to take issue with my good friend from Charleston. I know what a difficult, most difficult, time it is to be on judicial screening. I can understand what they said and I'm not an attorney, but one attorney talking to another, but I will tell you this much, I was proud standing at this very podium many years ago, I don't know how long ago it was to nominate Judge Charles. In my entire service in Greenwood County as a senator, I have never heard the first comment made about his decisions in court. Not one. He has been a gentlemen all the way through and I know, you judges and you lawyers know, how difficult, the most difficult decision of all is Family Court. I can understand a person being upset. I think he made a mistake, I really do, but one lawyer to another, he may not have felt that he was making a mistake, but I don't know whether he felt that he was going to be held to that screening, to what we do in the screening committee. I commend the screening committee, but I am just telling you my duty. I just felt it was my duty. I did not intend to do this, but I didn't realize that this would come to this and I wanted you to know this. I have never heard one complaint about his rulings. Thank you for listening to me."
Senator Drummond seconded the nomination of Mr. William K. Charles, Jr.
Rep. KLAUBER raised the Point of Order that since Judge Charles had not been found unqualified and since he was uncontested in this race, that a no vote would not be a vote against Judge Charles. He further stated that a no vote should have no significance in this race.
Rep. SHEHEEN stated that there was precedence established in an election in 1979 or 1980, when Lt. Governor Stevenson made a ruling that
LT. GOVERNOR PEELER stated that the question was the election of the individual and he overruled the Point of Order.
Senator McConnell:
"Mr. President, I thought that someone else would read it but they didn't and so I need to give the position, there is another finding in the Judicial Screening Report and I want to make sure that the membership has all of it and this is from the four members who voted to find Judge Charles qualified. And I read, `Judge Charles has had a long record of service on the bench and has served with distinction. Judge Charles may have acted improperly in contacting the witness' attorney, but he was honest and forthright about having made the contact and this was one isolated incident which should not disqualify him from further service on the bench.' That is the position, it was a split decision, four and four."
Rep. KLAUBER asked unanimous consent to be recognized to make some brief remarks.
Rep. NEILSON objected.
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 yea:
Alexander Bryan Courtney Drummond Ford Glover Hayes Holland Land Martin Matthews McGill Moore O'Dell Patterson Saleeby Short Smith, J.V. Washington
The following named Senators voted nay:
Cork Courson Elliott Giese Leatherman Leventis
McConnell Mescher Passailaigue Peeler Rankin Reese Richter Rose Russell Setzler Smith, G. Waldrep Wilson
On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted yea:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Elliott Felder Govan Harris, J. Harris, P. Harrison Harvin Hines Howard Inabinett Jennings Kelley Kennedy Kinon Klauber Lanford Law Littlejohn Lloyd Martin McAbee McKay Moody-Lawrence Neal Rhoad Riser Scott Stille Stoddard Stuart Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Worley Young, J.
The following named Representatives voted nay:
Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble
Hallman Harrell Haskins Herdklotz Hodges Hutson Jaskwhich Keegan Kirsh Knotts Koon Limbaugh Limehouse Marchbanks Mason McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rice Richardson Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Tripp Trotter Vaughn Wells Whatley Wilkes Wofford Wright Young, A.
Whereupon, the President announced that the Honorable William K. Charles, Jr. was elected Judge, Family Court, Eighth Judicial Circuit, Seat 3 for the term prescribed by law.
We, the undersigned members of the General Assembly, having carefully reviewed and considered the information, findings and conclusions reached in the Majority report of the Joint Legislative Committee for Judicial Screening, voted in favor of Judge William K. Charles, Jr.'s re-election to the Family Court Bench. Over the past several weeks, we watched with great interest the screenings that were conducted by the Joint Committee for Judicial Screening and it is our collective determination that the Majority Committee screening report was derived from a process that deteriorated into a contentious, mean-spirited and ineffective exercise as the Committee's Majority abrogated its duties and responsibilities for effectively and fairly screening judicial candidates
- certain judicial candidates were subjected to marathon screening hearings while other candidates received only cursory review;
- specious allegations against certain candidates were vigorously pursued and hearsay layered upon hearsay was used as an attempt at corroboration;
- public attacks on certain candidates' credibility and integrity were leveled in open session instead of being discussed in executive session, then investigated and substantiated before being published.
For these and many other reasons, we strongly believe that the Majority Committee report does not accurately reflect upon the credentials, character, integrity, or ability of the candidate seeking to serve the State of South Carolina on the bench. In this regard, we are confident that candidates who were unfairly scrutinized by the Committee have the requisite ability, intellect, character, ethics, and integrity to serve and continue to serve our state's judiciary with distinction. Therefore, our vote in favor of Judge Charles is a vote against the Majority Committee report and the process from which it was derived.
s/Gilda Cobb-Hunter s/Ralph Anderson
s/Jackson S. Whipper s/Alma W. Byrd
s/Lucille S. Whipper s/Leon Howard
s/John L. Scott, Jr. s/Floyd Breeland
s/Wilbur L. Cave s/Walter P. Lloyd
s/Curtis B. Inabinett s/Joseph H. Neal
s/Bessie Moody-Lawrence s/William Clyburn
s/Jesse E. Hines s/Juanita M. White
s/Dewitt Williams s/Jerry N. Govan, Jr.
s/Maggie W. Glover s/John W. Matthews, Jr.
s/McKinley Washington, Jr. s/Kay Patterson
s/Robert Ford
I abstained from voting in the 8th Judicial Family Court Circuit based on the mixed findings of the screening committee. Since there is no other candidate to vote for in this race, I cannot vote for or against this candidate at this time.
Rep. JAMES L.M. CROMER, JR.
South Carolina legislators made a good decision to implement the Family Court system several years ago. However, this Judicial Branch can only be as strong, capable and effective as the Judges who serve. I encourage each of you as members of the House of Representatives to become knowledgeable about our Family Courts and those who preside. It is an awesome responsibility; one that can effect thousands of lives within their term of office. We must continue to seek the best qualified individuals in our State to serve as Family Court Judges. They should be qualified not only in their knowledge of Family Court law, but they must possess integrity, judicial temperament, discernment and compassion. In my opinion, these qualities combined with intellectual ability are necessary as judges make crucial decisions in regard to juvenile problems, child custody issues and other domestic problems. A courtroom should be managed in a businesslike, unprejudiced manner so that people with problems do not feel threatened and feel reasonably sure they will be treated fairly, thereby restoring some confidence in our Family Courts.
Rep. DENNY W. NEILSON
The President announced that nominations were in order for a Judge, Seventh Judicial Circuit.
Senator McConnell, Chairman of the Judicial Screening Committee, stated that the Honorable Donald W. Beatty, the Honorable James B. Paslay, Mr. John M. Rollins, Jr. and Mr. Victor S. Sarratt had been screened and found qualified to serve.
Senator McConnell stated that Mr. John M. Rollins, Jr. and Mr. Victor S. Sarratt had withdrawn from the contest.
As previously stated by Rep. WELLS, the Honorable James B. Paslay had withdrawn from the race.
On motion of Senator Williams, 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 Donald W. Beatty was
elected Judge, Seventh Judicial Circuit, for the term prescribed by law.
I abstained from voting in the Circuit Court race for the seat in the 7th Judicial Circuit. It has been and remains my policy not to vote for sitting members of the General Assembly for Judgeships.
Rep. JAMES L.M. CROMER, JR.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.
Senator Courtney, Chairman of the Committee to Review Candidates for the S.C. Consumer Affairs Commission, stated that Ms. Lillian C. Bloom, Mr. James H. Hinton, Mr. Harold R. Lesselbaum and Mr. Edward B. Neeley had been screened and found qualified.
Senator McGill stated that Mr. Harold R. Lesselbaum had withdrawn from the race.
On motion of Senator Courtney, 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 Ms. Bloom:
Alexander Bryan Cork Courtney Ford Glover Hayes Jackson Land Lander Martin Matthews McConnell Moore Peeler Russell Setzler Short Smith, J.V. Stilwell Waldrep Washington Williams Wilson
The following named Senators voted for Mr. Neeley.
Elliott Rankin
On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Ms. Bloom:
Anderson Boan Breeland Brown, G. Brown, H. Byrd Cato Cave Chamblee Cobb-Hunter Cooper Cotty Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Haskins Herdklotz Hines Howard Inabinett Jaskwhich Kennedy Keyserling Kinon Kirsh Koon Law Limehouse Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Stille Stuart Tripp Trotter Vaughn Waldrop Whipper, L. Whipper, S. White Wilder Wilkins Williams Wofford Young, A.
Printed Page 4110, May 25
| Printed Page 4130, May 25
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