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(d) Susan Newman vs. John Lee Newman, Docket No. 93-DR-43-2139.

(e) Susan L. Jessen vs. Eric C. Jessen, Docket No. 93-DR-1924, Op. No. 95-MO-183 (S.C. Sup. Ct. 1995).

In response to a request of the Joint Committee, Judge Gray provided the following additional professional experience as indicative of his trial practice prior to his service as a Family Court Judge:

(a) Barton v. Department. This case involved a condemnation action by the Department of Housing and Urban Development.

(b) State v. Poinsett. A criminal action challenging the legality of service of a warrant on a Sunday.

(c) Finney & Gray vs. S.C. Public Service. Condemnation action.

(d) Johnson v. Henderson. Negligence case in which an auto struck a child riding a moped. The case was appealed on the basis of an incorrect verdict being entered. The Supreme Court reversed.

(e) American Bankers vs. Frederick. Agency case wherein the Plaintiff alleged that the agent caused loss of business because of his actions.

The Joint Committee determined that Judge Gray had engaged in an active trial practice in the trial courts of South Carolina, marked by a degree of breadth and sophistication. He has also served with distinction as a Family Court Judge in South Carolina.

(4) Judicial Temperament:

The Joint Committee believes that Judge Gray's temperament has been and would continue to be excellent.

(5) Diligence and Industry:

Judge Gray was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.

Judge Gray is married and has three children.

(6) Mental and Physical Capabilities:

Judge Gray appears to be mentally and physically capable of performing the duties of the office he seeks.

The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Gray has managed his financial affairs responsibly.

(8) Public Service:

Judge Gray served in the U.S. Army from 1962 to 1965. He received an Honorable Discharge.

Judge Gray is active in professional activities.

(9) Ethics:

Judge Gray testified that he has not:

(a) sought or received the pledge of any legislator prior to screening;

(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or

(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Gray testified that he is aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.

Judge Gray testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.

(10) Miscellaneous:

Judge Gray meets the constitutional requirements for the office he seeks.

The Bar found Judge Gray qualified for service on the Court of Appeals. The Bar reported that Judge Gray has "an excellent work ethic and reputation for diligence which has apparently served well in control of his docket and timely issuance of orders. He is respected for his fairness, ability to recognize issues, and evenhanded disposition of matters before him. Judge Gray is of unquestioned character and integrity. Members of the Bar interviewed were unanimous that he is fair and not influenced by litigants or counsel. In general, he is well thought of by attorneys who have appeared before him."

Judge Gray was asked about his general philosophy regarding the sentencing of various categories of criminal defendants including repeat violent offenders, juveniles waived to Circuit Court, and "white collar" criminals. The candidate's actual response to each of these questions is included in Judge Gray's transcript of his public hearing. The Committee has included these responses solely for the benefit of

Judge Gray was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Gray's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.

Joint Committee's Finding:Qualified

Judge Howard was screened on March 20, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:

(1) Integrity and Impartiality:

The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Howard's character, integrity, and reputation are outstanding.

Judge Howard demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, the acceptance of gifts and ordinary social hospitality.

(2) Legal Knowledge and Ability:

Judge Howard has taught numerous CLE courses, new judge classes, and conferences for the S.C. Defense Attorneys' Association.

The Joint Committee found Judge Howard to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.

(3) Professional Experience:

Judge Howard graduated from the University of South Carolina School of Law in 1973 and was admitted to the Bar later in the same year.

Judge Howard was appointed as an acting judge of the South Carolina Court of Appeals in August 1994 and served until June 1995.

Judge Howard provided the Joint Committee with five of his most significant orders or opinions which he listed as follows:

(a) State v. Susan Smith, June 1995. Order proscribing publication of mental competency report.

(b) In re the Estate and Last Will and Testament, John D. Muller, Jr. The Evangelical Lutheran Charities Society of Charleston, South Carolina vs. South Carolina National Bank as Trustee of the Charitable Testamentary Trust Created Under the Last Will and Testament of John D. Muller, Jr., 91-CP-10-2766, January 3, 1995.

(c) W.O Thomas, Jr., et al. vs. Cooper River Park and Playground Commission, et al., 93-CP-10-1647, November 17, 1995; Order after Petition for Reconsideration, December 16, 1994.

(d) John and Lorna Osborne, Eric Staton, and L.E. Spence vs. Glen P. Carver, Claude Surface, C&S Properties of Beaufort, Inc. and Standard Federal Savings & Loan Association, 87-CP-07-1491.

(e) Charles M. Condon, as Solicitor, Ninth Judicial Circuit vs. All that certain lot, et al., 91-CP-10-1410.

Judge Howard listed civil and criminal appellate opinions he has handled as follows:

(a) Southern Contracting vs. H.C. Bryon Const., ___S.C.___, 450 S.E.2d 602 (Ct. App. 1994).

(b) Jefferies vs. Phillips, ___S.C.___, 451 S.E.2d 21 (Ct. App. 1994).

(c) Wright vs. Marlboro County School District, ___S.C.___, 452 S.E.2d 12 (Ct. App. 1994).

(d) Sanders vs. Emery, ___S.C.___, 452 S.E. 2d 636 (Ct. App. 1994).

(e) Pearson vs. Church of God, Op. No. 2336 (Ct. App. 1995).

Judge Howard provided the following criminal appeals he has authored:

(b) City of Columbia vs. Moore, Op. No. ___ (Ct. App. 1995).

(c) State vs. Sammie Brown, Op. No. 2338 (Ct. App. 1995).

(d) State vs. Brownlee, Op. No. 2313 (Ct. App. 1995).

(4) Judicial Temperament:

The Joint Committee believes that Judge Howard's temperament has been and would continue to be excellent.

(5) Diligence and Industry:

Judge Howard was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.

Judge Howard is married and has two children.

(6) Mental and Physical Capabilities:

Judge Howard appears to be mentally and physically capable of performing the duties of the office he seeks.

(7) Financial Responsibility:

The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Howard has managed his financial affairs responsibly.

(8) Public Service:

Judge Howard was a Captain in the U.S. Army Reserves from September to December 1973. He was honorably discharged.

Judge Howard has been active in professional and community activities.

(9) Ethics:

Judge Howard testified that he has not:

(a) sought or received the pledge of any legislator prior to screening;

(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or

(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Howard testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.

(10) Miscellaneous:

Judge Howard meets the constitutional requirements for the office he seeks.

The Bar found Judge Howard qualified. The Bar reported that Judge Howard "has significant experience in the judicial system having served as Circuit Court Judge since July 12, 1988, for the Ninth Judicial Circuit. He also was appointed as Acting Judge for the Court of Appeals from August 1994 until June 1995. He is respected by an overwhelming majority of members of the Bar contacted for impartiality, judicial temperament, legal skills, promptness, and industry in his work as Circuit Court Judge. He is an individual of impeccable character and integrity. He received excellent ratings for his courtroom demeanor and temperament. The overwhelming majority of those contacted felt that Judge Howard has brought credit to the Circuit Court Bench and the Court of Appeals through his professional behavior in the courtroom, and has demonstrated through his personal demeanor and behavior the type of attributes which represent fairness and equality to the people of South Carolina and the Bar of this state."

Judge Howard was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. The candidate's answers to these questions are printed in the transcript of Judge Howard's public hearing. The Committee has included these responses soley for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.

Respectfully submitted,
/s/Rep. F.G. Delleney, Jr., Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Senator Edward E. Saleeby

On motion of Rep. DELLENEY, the report was ordered printed in the Journal.

MEMORANDUM TO: Clerk of the Senate

Clerk of the House
RE:Transcript of Hearings

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Eugene C. Stoddard
Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

The Citadel - Two seats (at-large)

Col. Leonard C. Fulghum, Jr. (Charleston)

J. Palmer Gaillard, III (Charleston)

Douglas A. Snyder (Columbia)

Xavier Starkes (Columbia)

T. Moffatt Burriss (Eastover)

Joel W. Collins, Jr. (Columbia)

Louis B. Lynn (Columbia)

Davis T. Moorhead (Pendleton)

Howard N. Rawl (Gilbert)

Virginia C. Skelton (Clemson)

William C. Smith, Jr. (Columbia)

Allen P. Wood (Florence)

College of Charleston - Seven seats (six congressional districts and one at-large)

lst District, Seat 2

Cherry Daniel (Charleston)

John B. Williams (Moncks Corner)

2nd District, Seat 4

Joel H. Smith (Columbia)

3rd District, Seat 6

J. Philip Bell (Greenwood)

4th District, Seat 8

Merl F. Code (Greenville)

5th District, Seat 10

J. Vincent Price, Jr. (Gaffney)

6th District, Seat 12

Marie M. Land (Manning)

At-large, Seat 14

Timothy N. Dangerfield (Aiken)

Francis Marion University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

J. Michael Murphree (Summerville)

2nd District, Seat 4

Gail Richardson (Barnwell)

3rd District, Seat 6

William A. Collins (Greenwood)

4th District, Seat 8

Alex Kiriakides, III (Greenville)

5th District, Seat 10

Lorraine H. Knight (Hartsville)

William W. Coleman, Jr. (Florence)

At-large, Seat 14

M. Russell Holliday, Jr. (Galivants Ferry)

Lander University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

Nancy J. Cash (Charleston)

2nd District, Seat 4

George R. Starnes (Columbia)

3rd District, Seat 6

Jean T. McFerrin (Aiken)

4th District, Seat 8

C. Tyrone Gilmore (Spartanburg)

5th District, Seat 10

S. Anne Walker (Columbia)

6th District, Seat 12

Walter D. Smith (Florence)

At-large, Seat 14

Ann B. Bowen (Greenwood)

Glenas Deloris Green (Greenwood)

Medical University of S.C. - Six seats (Congressional districts - three from medical and three non-medical professions)

Medical

4th District

Dr. Charles B. Thomas, Jr. (Simpsonville)

5th District

Dr. Cotesworth P. Fishburne, Jr. (Rock Hill)

6th District

Dr. E. Conyers O'Bryan (Florence)

Non-medical

1st District

Melvyn Berlinsky (Charleston)

2nd District

H. Donald McElveen (Columbia)

3rd District

Jack F. McIntosh (Anderson)

Fred Moore (Honea Path)

At-large, Seat 11

John Williams, Jr. (Orangeburg)

At-large, Seat 12

Walter L. Salters (Orangeburg)

Johnnie M. Smith (Greenville)

University of South Carolina - Eight seats (Judicial circuits)

2nd Circuit

Patrick D. Cunning (Aiken)

Miles Loadholt (Barnwell)

4th Circuit

J. DuPre Miller (Bennettsville)

6th Circuit

James Bradley (Lancaster)

8th Circuit

Herbert C. Adams (Laurens)

10th Circuit

Brian A. Comer (Anderson)

Robert N. McLellan (Seneca)

14th Circuit

Helen C. Harvey (Beaufort)

15th Circuit

M. Wayne Stanton (Conway)

16th Circuit

Samuel R. Foster, II (Rock Hill)

Wil Lou Gray Opportunity School - Four seats (at-large)

Dr. Marvin Efron (Cayce)

Wilhelmina McBride (Columbia)

Mary F. "Frankie" Newman (West Cola)

Suzanne Turner Reynolds (Gaffney)

Olive Wilson (Williamston)

Winthrop University - Two seats (at-large)

Jane C. Shuler (Orangeburg)

Walter H. Smith (Columbia)

David A. White (Rock Hill)

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