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 4710, June 6
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Printed Page 4720 . . . . . Monday, June 12,
1995
STATEMENT BY REP. H. BROWN
Rep. H. BROWN made a statement relative to the Conference Committee on H.
3362, the General Appropriations Bill.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 908 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE YVONNE A.
JACOBS OF YORK COUNTY ON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX
COUNCIL SCHOLARSHIP FOR 1995-96 AND TO WISH HER WELL IN ALL HER FUTURE
ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 909 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND ROBERT L. MUNGO OF
LANCASTER COUNTY FOR HIS OUTSTANDING LEADERSHIP AS PRESIDENT OF THE SOUTH
CAROLINA TAX COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 910 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE DAN S. JUDD
OF IRMO, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA
TAX
COUNCIL 1995 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE
ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND
THE
SOUTH CAROLINA TAX COUNCIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate
with concurrence.
HOUSE STANDS AT EASE
The House stood at ease subject to the call of Chair.
Printed Page 4721 . . . . . Monday, June 12,
1995
THE HOUSE RESUMES
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
JOINT ASSEMBLY
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced
that it had convened under the terms of a Concurrent Resolution adopted by both
Houses.
ELECTION OF A FAMILY COURT JUDGE
FIFTH JUDICIAL CIRCUIT, SEAT 2
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend,
Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE
HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL
STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR
CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE
MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF
CONGRATULATORY
OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF
THE
GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET
IN
REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO
CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995,
AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT
PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER
THAN
5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON
TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE
JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE
THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.
Printed Page 4722 . . . . . Monday, June 12,
1995
The President of the Senate recognized Senator McConnell, Chairman of the
Joint Judicial Screening Committee, who made the following remarks:
"Thank you Mr. President... Making a report to the Screening Committee
on Seat 2 of the Family Court of the Fifth Judicial Circuit, the Joint Committee
screened two candidates, Mrs. Leslie Kirkland Riddle and the Honorable Abigail
R. Rogers for Seat 2 of the Family Court of the Fifth Judicial Circuit. Mrs.
Riddle was screened on May 10, 1995 and was found qualified for judicial office.
Judge Rogers was screened on May 11, 12 and 16, 1995, and a majority of the
Joint Committee found her not qualified for judicial office. The Joint
Committee released its screening report and reopened the application filing
period for this seat on Friday, May 19, 1995 pursuant to South Carolina Code,
Section 2-19-80, which required the Joint Committee to do so when an incumbent
judge is found not qualified. The deadline for receipt of additional
applications was Friday, June 2, 1995. The Joint Committee did not receive any
additional applications and therefore, we rereleased its report concerning the
qualifications of Mrs. Riddle and Judge Rogers on Friday, June 2, 1995. Mr.
President, the report that we previously issued, which all of the membership was
given, therefore remains the report in the findings of the Screening Committee
for the election today. Thank you."
Rep. QUINN moved to waive all nominating speeches and allow all prepared remarks
to be submitted to the desk for publication in the Journal.
Rep. HOWARD moved to table the motion.
POINT OF ORDER
Senator Washington raised the Point of Order that the motion to waive all
nominating speeches would require unanimous consent.
Rep. QUINN stated that there were no Joint Rules and a motion for any purpose
would be acceptable and there had to be a vote on it.
The President of the Senate overruled the Point of Order.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Yeas 87; Nays 66
AYES
Alexander Boan Cork
Courtney Drummond Elliott
Printed Page 4723 . . . . . Monday, June 12,
1995
Ford Glover Hayes
Holland Jackson Land
Leatherman Leventis Matthews
McGill Moore O'Dell
Passailaigue Patterson Peeler
Reese Saleeby Short
Smith, G. Smith, J.V. Thomas
Waldrep Washington Williams
TOTAL--30
NAYS
Courson Giese Gregory
Martin McConnell Mescher
Richter Russell Setzler
Wilson
TOTAL--10
Those who voted in the affirmative are:
Anderson Askins Bailey
Baxley Boan Breeland
Brown, G. Brown, J. Brown, T.
Byrd Canty Carnell
Cato Chamblee Clyburn
Cobb-Hunter Cromer Davenport
Delleney Elliott Govan
Harris, P. Harvin Hines
Hodges Howard Inabinett
Jennings Kennedy Keyserling
Kinon Klauber Lloyd
Mason McAbee McCraw
McElveen McMahand McTeer
Moody-Lawrence Neal Neilson
Phillips Rhoad Rice
Robinson Rogers Scott
Sheheen Spearman Stoddard
Tripp Whipper, L. Whipper, S.
Wilder Wilkes Williams
Total--57
Printed Page 4724 . . . . . Monday, June 12,
1995
Those who voted in the negative are:
Allison Brown, H. Cain
Cooper Cotty Dantzler
Easterday Fair Felder
Fleming Fulmer Gamble
Harrell Harris, J. Harrison
Haskins Herdklotz Hutson
Jaskwhich Keegan Kelley
Kirsh Knotts Koon
Law Limbaugh Limehouse
Littlejohn Marchbanks McKay
Meacham Quinn Richardson
Riser Sandifer Seithel
Sharpe Shissias Simrill
Smith, D. Smith, R. Stuart
Trotter Tucker Vaughn
Waldrop Walker Wells
Whatley Wilkins Witherspoon
Wofford Worley Wright
Young, A. Young, J.
Total--56
So, the motion to table was agreed to.
Rep. MEACHAM moved that all nominating speeches be limited to five minutes.
POINT OF ORDER
Senator Matthews raised the Point of Order that the motion to limit
nominating speeches would require unanimous consent.
The President of the Senate overruled the Point of Order.
Rep. J. BROWN nominated Mrs. Rogers as follows:
"Mr. President, Ladies and Gentlemen of the Joint Assembly... it is with
sincere personal pride that I come before you today for the noble purpose of
nominating The Honorable Abigail Rogers for Family Court Judge, Seat 2 of the
Fifth Judicial Circuit. I am extremely honored to have the opportunity to again
place the name of this well-deserving, esteemed young woman in nomination for a
second term of service in the capacity of Family Court Judge, for the Fifth
Judicial Circuit. Judge
Printed Page 4725 . . . . . Monday, June 12,
1995
Rogers has distinguished herself during her term of office by demonstrating
impeccable moral fortitude, compassion, strength of strong family values, and
commitment to make the positive difference in the quality of life for our
families and the future of our children. She has demonstrated an excellent
knowledge of family law and judicial procedure. She is the only experienced
person vying for the position. I have known, admired and respected Judge Rogers
for a number of years. During all of that time, I failed to learn of her
unwavering commitment for self-determination and empowerment, as well as her
strong will to press forward for a worthy cause in the face of seemingly
insurmountable odds. Judge Rogers is a graduate of the University of South
Carolina School of Law. She received a Juris Doctorate in 1992 and a Bachelor
of Arts Degree in 1979. Judge Rogers has served the people of our State well,
and she deserves our support for a second term in office. She has tried almost
4,500 cases during her tenure with less than 10 of these cases being
successfully appealed to the South Carolina Supreme Court. She has one of the
best appeal records of any Judge in our State. Before joining the esteemed
members of the bench, Judge Rogers was a successful trial lawyer and prosecuted
cases in both Family Court and General Sessions Court. She also served as
Assistant Chief Counsel for the South Carolina Department of Highways and Public
Transportation, and represented the Department in the Criminal, Civil and
Appeals Courts. Not only has Judge Rogers proven to be an innovative pro-active
Family Court jurist, but she has mentored a number of young people through her
church, and volunteers her time as a tutor. She has also given of her vast
knowledge as a teacher in higher education. Judge Abigail Rogers is noted for
her splendid ability to examine the facts of a particular case and apply the
rules of law on a case-by-case basis. She has a wide range of capabilities and
experiences and tries each case on its merits, weeding out the facts, and meting
out a decision, based on legal precedent and applicable law, not public opinion.
Judge Abigail Rogers has a commendable record of service, which speaks loudly
regarding her ability to provide a laudable quality of service for the people of
South Carolina, the people of Richland County, and the people of our entire
State. We said we wanted child support enforcement, and stricter enforcement of
court orders on dead-beat parents. Judge Rogers had the courage to make that
happen. We said we wanted violent teens treated as adults, and Judge Rogers put
forth every effort to make that happen. We said we wanted bold new initiatives
for violent and youthful offenders. Judge Rogers made that happen. We said we
wanted unique opportunities for community and church involvement, curative and
preventive measures for juvenile delinquents. Judge Rogers
Printed Page 4726 . . . . . Monday, June 12,
1995
made that happen. Judge Rogers had no idea that instead of applause, acclaim
and accolades, she would receive ridicule and personal attack for her endeavors
to support our children, preserve our families, and deal with juvenile crime, in
a fair and impartial manner. What I am asking of you today is to put first
things first. I ask that you put qualifications and experience. I ask that you
put tried and true reason, tried and true methods, tried and true abilities to
make the positive difference in the lives of our families and our young people.
I ask that you put first things first, ladies and gentlemen; I ask that you find
it in your heart to do the right thing. Judge Rogers has done no crime. Judge
Rogers is a young woman of stupendous character and impeccable and moral
fortitude. She is extremely capable, responsible, dependable, trustworthy and
conscientious. She exemplifies the kinds of characteristics necessary for fair,
impartial judgment found in a prudent jurist. She is a jurist who makes
judicial use of the power of the bench. Judge Rogers is the only experienced
person vying for the position for which she is well-qualified. She is a legal
scholar with an impressive record of accomplishments, and an impressive record
of service to the people of our State. I proudly place the name of Judge
Abigail Rogers in nomination for the office of Family Court Judge for the Fifth
Judicial Circuit, Seat 2. I ask that you, my colleagues here in this General
Assembly, ladies and gentlemen, please do the right thing. Be able to stand up
and stand alone, if necessary, to do the right thing and vote for Abigail
Rogers. She is eminently deserving of your support."
Reps. SCOTT, INABINETT, BYRD, Senator Glover, Reps. ANDERSON, McMAHAND, Senators
Matthews, Washington, Patterson and Reps. HINES, J. BROWN, NEAL, HOWARD, GOVAN,
HARVIN, COBB-HUNTER, WILLIAMS, CAVE, T. BROWN, L. WHIPPER and CLYBURN seconded
the nomination of Mrs. Rogers.
Rep. WRIGHT nominated Mrs. Riddle as follows:
"Thank you Mr. President, Mr. Speaker and members of this Joint
Assembly... I have the honor of placing the name of Leslie Kirkland Riddle in
nomination for the position of Family Court Judge of the Fifth Circuit, Seat #2.
I have known Leslie for more than twenty-five years, growing up around the
corner from the Kirkland family, including Leslie, her twin brother, Wes, her
younger brothers Keith and Bill, and her parents, Henry and Pat. Leslie has
always been an active person, totally committed to doing her best at whatever
she gets involved in. I have never known her to give up on anything, or anyone,
at any time. She has always identified what she wanted to do, and what it would
take to get
Printed Page 4727 . . . . . Monday, June 12,
1995
there. I have watched her succeed many, many more times than not, but
regardless, Leslie always worked hard, treated others with dignity and respect,
and made the best out of any situation. Since her graduation from Clemson
University and the USC Law School in 1984, Leslie has worked almost exclusively
in the Family Court. In 1985 and 1986, she worked as an assistant solicitor in
the Fifth Circuit, assigned exclusively to Family Court. There she handled all
matters relating to the prosecution of juveniles as well as the prosecution of
individuals accused of physical, emotional and sexual abuse of children. In the
Fall of 1986 Leslie began private practice specializing in family law. Since
that time she has handled cases involving practically every issue that arises in
Family Court, including divorce, child custody, alimony, equitable division of
property, child support, visitation, adoptions, representation of parties in
child abuse actions, juvenile delinquency cases, and representing children in
custody cases as their guardian ad litem. Her desire to help abused children
led Leslie to become the attorney for the Volunteer Guardian Ad Litem project of
Richland County in 1988. Additionally, Leslie served abused and neglected
children during 1993 as a Special Assistant Solicitor in the Fifth Circuit,
prosecuting parents and other individuals accused of physical, emotional and
sexual abuse of children in Family Court. As you can see, Leslie has had active
experience for more than a decade in every type of matter that is heard by
Family Court judges. This extensive, personal experience uniquely qualifies her
for the position of Family Court Judge. If you have read the screening reports
from both the Bar and the Joint Committee for Judicial Screening, and I hope you
have/ you found that Leslie has gained the utmost respect of her fellow
practitioners, especially with regard to the temperament and demeanor necessary
to be a fair, impartial and efficient Family Court judge. She is known
throughout the bar and elsewhere as a person of honesty and integrity. She has
the character and principles to do what she says and to stand by her actions.
For more than a year you, the members of the General Assembly have had an
opportunity to meet and personally get to know Leslie Kirkland Riddle. Her
first trip here was a positive one, although she came up a hair short. Again,
she learned from the experience, identified what she had to do the next time,
and went to work. Many of you have asked her difficult questions, which she has
handled exceptionally well, showing the depth of her knowledge regarding the law
in Family Court. Some of you have also asked her difficult questions relating
to this race. Leslie has consistently campaigned in this race on her own
qualifications. She resisted the temptations to go on the attack, because to do
so would have taken away from why she is here and why
Printed Page 4728 . . . . . Monday, June 12,
1995
she is the best candidate for this position. Let's face it. This has not been
a fun race for Leslie to be in. Of all the races in recent memory, this race
has generated the most political and public interest. There have been many
public accusations made and many names called by people supporting Leslie's
opponent. But at no time, and I repeat... at no time, has Leslie Kirkland
Riddle, her family, her friends or any member supporting her, said anything
whatsoever unless it spoke of the qualifications of Leslie Kirkland Riddle and
what she will bring to the Family Court bench. This is a serious decision for
us to make today. Leslie's actions show a genuine respect for the dignity of
this legislative process, and are consistent with the professionalism that has
guided her career. Leslie is a person of strong character. She has strong
family support from her husband and family, who are in the balcony today. She
is the mother of three sons, who are all boy... and I mean all boy. Regardless
of how fast she has to run to raise these boys in the manner she was raised
herself, Leslie has never skipped a beat. She is a mother and a wife, and a
good one too, but she is just as good at her profession. She has demonstrated
the ability to balance both motherhood and a career, like most women in today's
society. She's where she has to be when she has to be there, and will continue
to do so in the future. I can think of no better person to support. I believed
it strongly last year and I believe it even more today. Ladies and gentlemen of
this Joint Assembly, I am proud to place in nomination the name of Leslie
Kirkland Riddle for the position of Family Court Judge."
Reps. KNOTTS, KELLEY, WITHERSPOON, RISER, Senator Wilson, Reps. WALKER, WHATLEY,
MASON, HERDKLOTZ, TROTTER, MARCHBANKS, Senator Giese and Reps. MEACHAM, SEITHEL,
FULMER, SANDIFER, J. YOUNG and TUCKER seconded the nomination of Mrs. Riddle.
On motion of Senator McConnell, nominations were closed.
The following named Senators voted for Ms. Riddle:
Alexander Cork Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Holland Leatherman Leventis
Martin McConnell Mescher
Moore O'Dell Passailaigue
Peeler Rankin Reese
Printed Page 4729 . . . . . Monday, June 12,
1995
Richter Russell Setzler
Smith, G. Smith, J.V. Thomas
Waldrep Williams Wilson
TOTAL--30
The following named Senators voted for Ms. Rogers:
Ford Glover Jackson
Land Matthews McGill
Patterson Saleeby Washington
TOTAL--9
On motion of Rep. FLEMING, with unanimous consent, the members of the House
voted by electronic roll call.
The following named Representatives voted for Ms. Riddle:
Allison Askins Baxley
Boan Brown, H. Cain
Cato Chamblee Cooper
Cotty Dantzler Davenport
Delleney Easterday Elliott
Fair Fleming Fulmer
Gamble Harrell Harris, J.
Harris, P. Harrison Haskins
Herdklotz Hodges Hutson
Jaskwhich Jennings Keegan
Kelley Keyserling Kinon
Kirsh Knotts Koon
Law Limbaugh Limehouse
Littlejohn Marchbanks Mason
McCraw McElveen McKay
McTeer Meacham Quinn
Rice Richardson Riser
Robinson Rogers Sandifer
Seithel Sharpe Sheheen
Shissias Simrill Smith, D.
Smith, R. Spearman Stoddard
Stuart Thomas Townsend
Tripp Trotter Tucker
Vaughn Waldrop Walker
Printed Page 4730 . . . . . Monday, June 12,
1995
Wells Whatley Wilder
Wilkins Witherspoon Wofford
Worley Wright Young, A.
Young, J.
Total--82
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