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The Joint Committee's investigation did not reveal any evidence of unethical conduct.

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

(2) Legal Knowledge and Ability:

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

(3) Professional Experience:

Judge Turner graduated from the University of South Carolina School of Law in 1990 and was admitted to the Bar in January 1991.

After graduating from law school , Judge Turner worked at Stuckey and Kobrovsky in 1990; he was a sole practitioner from 1991 to 1995, and has been a magistrate from 1992 to present.

As a current judge, Judge Turner omitted questions related to practice, litigation, and appeals during the last five years.

Judge Turner stated that Magistrate Orders are often in different form, but described five significant rulings:

a) Ruled for plaintiff in a negligence action involving a defendant who ran into a fence with her automobile. Although the defendant was willing to fix the fence, she took issue with Judge Turner awarding damages to the plaintiff for two cows who wandered into the road and were killed. Judge Turner ruled that these damages were foreseeable.

b) Ruled for defense in an action by a minister who broke his tooth allegedly while eating at a restaurant. The defendant successfully argued that the plaintiff had not proven that the proximate cause of the injury was from this activity.

c) Ruled for defendant parent when another parent sought damages for a child who had wet her bed. Judge Turner found that the plaintiff had neither alleged nor proven that the bed wetting had been malicious or willful to satisfy the statute.

d) Ruled in favor of a jewelry store who sought to collect a debt from a man who purchased a ring. The man then sued his former fiancee and her friend who purchased the ring subsequently in a pawn shop. Judge Turner dismissed the two women as defendants.

The Committee expressed some concern as to the brevity of Judge Turner's experience as a member of the Bar and as a trial lawyer.

(4) Judicial Temperament:

The Joint Committee believes that Judge Turner's temperament would be excellent.

(5) Diligence and Industry:

Judge Turner 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 Turner is engaged to be married.

(6) Mental and Physical Capabilities:

Judge Turner 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 Turner has managed his financial affairs responsibly.

(8) Public Service:

Judge Turner is a member of the South Carolina Bar.

(9) Ethics:

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

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

The South Carolina Bar will issue its report on candidates offering for the Ninth Circuit before the election.

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
Rep. Ralph W. Canty
/s/Rep. L. Hunter Limbaugh
/s/Rep. W. Douglas Smith

Joint Committee's Finding:Qualified/(Majority)

Unqualified (Minority: Senator Glenn F. McConnell, Senator John R. Russell)

Ms. Reddix-Smalls was screened on May 7, 1996, after a thorough investigation. The Minority Report addresses concerns regarding Integrity and Impartiality.
(1) Integrity and Impartiality:

The Joint Committee's investigation did reveal some evidence that raised questions.

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

Previously, at an earlier round of hearings, the Joint Committee was concerned about an incident in which an associate of Ms. Reddix-Smalls' attended the public hearing of another candidate despite admonitions given to each candidate about such activity. Ms. Reddix-Smalls denied any prior knowledge about her associate's plan to attend the public hearing. The Committee felt that Ms. Reddix-Smalls and other candidates should take responsibility for informing the people with
_________________________________
[2] Rep. Hunter Limbaugh did not vote.

Respectfully submitted,
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator John R. Russell

May 14, 1996
The Honorable John G. Felder
S.C. House of Representatives
Post Office Box 346
St. Matthews, S.C. 29135

Dear John:

I hereby name you as a conferee, replacing Rep. Jim Harrison, to H. 3901, Property taxes, delinquent; interest rate. I know that you will serve this committee with great distinction.

If you have any questions, please do not hesitate to contact me.

Sincerely,
DAVID H. WILKINS

The following was received and referred to the appropriate committee for consideration.

The following was received.

Document No. 1876
Promulgated By South Carolina Law Enforcement Division
Sex Offender Registry
Received By Speaker October 10, 1995
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 8, 1996
Committee Request Withdrawal May 3, 1996
Withdrawn May 9, 1996

The following was received.

Document No. 1912
Promulgated By Department of Labor, Licensing and Regulation, Board of Professional Engineers and Land Surveyors
Continuing Professional Development for License Renewal
Received by Speaker March 19, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 17, 1996
Revised Expiration Date July 18, 1996
Committee Request Withdrawal, 120 Day period tolled May 9, 1996
Withdrawn and Resubmitted May 10, 1996
Revised Review Expiration Date July 18, 1996

The following was received.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1195:

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators McConnell, Courtney and Rankin of the Committee of Free Conference on the part of the Senate on H. 3300:

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Very respectfully,
President

Received as information.

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3300:

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges,

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 317, S. 1273 by a vote of 46 to 0.

(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 321, S. 1350 by a vote of 46 to 0.

(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
Very respectfully,
President

The SPEAKER ordered the veto message printed in the Journal.

The following was received from the Senate.

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 949:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
President

On motion of Rep. TOWNSEND, the House insisted upon its amendments.

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