0001
 1                   JUDICIAL MERIT SELECTION
 2                           COMMITTEE
 3   
 4                   EVALUATION OF CANDIDATES
 5                     BY COMMITTEE MEMBERS
 6   
 7          PUBLIC HEARINGS ON JUDICIAL QUALIFICATIONS
 8                          Volume 1 
 9   
10                   MONDAY, NOVEMBER 2, 2009
11                 ROOM 209, GRESSETTE BUILDING
12                   COLUMBIA, SOUTH CAROLINA
13   
14                    COMMENCING AT 9:23 A.M.
15   
16   
17    REPORTED BY:   SHERI L. BYERS,
                     REGISTERED PROFESSIONAL REPORTER
18   
19   
20   - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        COMPUSCRIPTS, INC.
21             A Full-Service Court Reporting Agency
                       Post Office Box 7172
22                Columbia, South Carolina 29202
                           803-988-0086
23                        1-888-988-0086
24                    www.compuscriptsinc.com
25   
0002
 1    MEMBERS IN ATTENDANCE:
 2           SENATOR GLENN F. MCCONNELL, CHAIRMAN
 3           REPRESENTATIVE F.G. DELLENEY, JR., VICE CHAIRMAN
 4           PROFESSOR JOHN P. FREEMAN
 5           JOHN DAVIS HARRELL
 6           SENATOR JOHN M. "JAKE" KNOTTS, JR.
 7           AMY JOHNSON MCLESTER
 8           REPRESENTATIVE ALAN D. CLEMMONS
 9           REPRESENTATIVE DAVID J. MACK, III
10           H. DONALD SELLERS
11           SENATOR FLOYD NICHOLSON
12   
13    COUNSEL PRESENT:
14           JANE O. SHULER, CHIEF COUNSEL
15           PATRICK G. DENNIS
16           BONNIE B. GOLDSMITH
17           ANDREW T. FIFFICK, IV
18           J.J. GENTRY
19           E. KATHERINE WELLS
20           NANCY COOMBS
21           HEATHER ANDERSON
22           PAULA BENSON
23           JOEL DEASON
24           RICK FULMER
25                 (INDEX AT REAR OF TRANSCRIPT)
0003
 1              SEN. MCCONNELL:  All right.  We'll go on the
 2    record.  At this particular time we'll call the meeting
 3    to order.
 4              The Judicial Merit Selection Commission is
 5    called pursuant to Chapter 19 of Title 2, South
 6    Carolina Code of Laws, requiring the review of
 7    candidates for judicial office.  Function of the
 8    commission is not to choose between candidates but
 9    rather declare whether or not the candidates who offer
10    for positions on the bench, in our judgment, are
11    qualified to fill the positions they seek.
12              The inquiry we undertake is a thorough one,
13    centered around the commission's nine evaluative
14    criteria and involves a complete personal and
15    professional background check on every candidate.
16              These public hearings are convened for the
17    purpose of screening candidates for the following
18    positions:  One vacancy on the Supreme Court; one
19    vacancy on the Court of Appeals; 12 vacancies on the
20    Circuit Court; 22 vacancies on the Family Court; two
21    vacancies on the Administrative Law Court; six
22    vacancies on the Equity Court; and 10 retired judges.
23              For today, we will screen one vacancy on the
24    Supreme Court, one vacancy on the Court of Appeals and
25    two vacancies on the Circuit Court.
0004
 1              And before I go any further, we do have a new
 2    member of the commission here with us today.  And we
 3    welcome Senator Nicholson and tell him, as you can see,
 4    there's not much reading or background material you
 5    need.  But we're delighted to have you, and you'll be a
 6    great addition to this commission.  And we thank you
 7    for your service.
 8              SEN. NICHOLSON:  Thank you.
 9              SEN. MCCONNELL:  Before the end of the week,
10    you may not be thanking me.  We'll see how you feel.
11              Anyway, the staff informs me that we need to
12    go in executive session and take up a few matters that
13    the counsel has for us before we begin the public
14    hearings.
15              Do I hear a motion to that effect?
16              MR. SELLERS:  So moved.
17              REP. MACK:  So moved.
18              SEN. MCCONNELL:  Moved by Representative Mack
19    and Senator for the people that we go into the
20    executive session.
21              Is there an objection?  If not, let the
22    record show that everyone in attendance here voted for
23    it.
24              I have a proxy for Professor Freeman.  And I
25    would cast that, also.  That being the case, the veil
0005
 1    will be placed on the meeting.  And, please, Sergeant,
 2    clear the chambers.
 3              (The members went into executive session.)
 4                       *   *   *   *   *
 5              (The members came out of executive session.)
 6              SEN. MCCONNELL:  All right.  We're back in
 7    open session, and we have a couple of housekeeping
 8    matters that need to be taken up.  First, why don't we
 9    start with the reports, and let's get those out of the
10    way.
11              MS. SHULER:  I would like to offer and have
12    made exhibits to the record the following:  The
13    Citizens Committee reports for the fall 2009 from the
14    Lowcountry Citizens Committee, Midlands Citizens
15    Committee, the Pee Dee Citizens Committee, the Piedmont
16    Citizens Committee and the Upstate Citizens Committee.
17              SEN. MCCONNELL:  Are there any objections?
18              Hearing none, I ask at this time the
19    Lowcountry Citizens Committee, the Midland Citizens
20    Committee, the Pee Dee Citizens Committee, the Piedmont
21    Citizens Committee, and the Upstate Citizens
22    Committee -- citizens committee reports for the fall
23    2009 be marked as exhibits and entered into the public
24    record.
25              (EXHIBIT 1, Citizens Committee Report for
0006
 1    Supreme Court, was marked for identification and
 2    entered into the record.)
 3              (EXHIBIT 2, Citizens Committee Report for
 4    At-Large Court, was marked for identification and
 5    entered into the record.)
 6              (EXHIBIT 3, Citizens Committee Report for
 7    Circuit Court, was marked for identification and
 8    entered into the record.)
 9              (EXHIBIT 4, Citizens Committee Report for
10    Master in Equity, was marked for identification and
11    entered into the record.)
12              (EXHIBIT 5, Citizens Committee Report for
13    Court of Appeals, was marked for identification and
14    entered into the record.)
15              SEN. MCCONNELL:  All right.  The next thing.
16    We have two other matters you need to take up.  Why
17    don't you tell us about those real quick.
18              MS. SHULER:  Mr. Chairman and Members of the
19    Commission, we have two complaints which were filed
20    against incumbent family court judges.  One Charlamaine
21    Ward filed against Judge Judy Bridges McMahon, and the
22    other, Ms. Cheryl Birch filed against Judge Dorothy
23    Mobley Jones.  Both were filed after the October 19th,
24    2009, deadline at noon.
25              And it is my understanding that it is the
0007
 1    decision of the commission that good cause was not
 2    shown for hearing from the complainants past the
 3    October 19th, 2009, noon deadline.
 4              SEN. MCCONNELL:  All right.  Give me the name
 5    of the first complainant.
 6              MS. SHULER:  The first complainant
 7    Charlamaine Julie Ward.
 8              SEN. MCCONNELL:  All right.  For the record,
 9    all of you have been briefed on the complaint, had an
10    opportunity to review it.  We have taken no action in
11    executive session.  We are now open to public session,
12    and this commission must decide, does the rule hold or
13    has good cause been shown to lift the rule?  What is
14    wish of the committee?
15              Representative.
16              REP. DELLENEY:  Mr. Chairman, I move that we
17    do not hear that complaint.  The rule is the rule.  It
18    wasn't timely filed, and good cause was not shown where
19    we could waive the rule.  And so I would move that we
20    dismiss the complaint and not hear it.
21              SEN. MCCONNELL:  All right.  It's been moved.
22              Do I hear a second?
23              MR. SELLERS:  Second.
24              MR. HARRELL:  Second.
25              SEN. MCCONNELL:  Moved and seconded.  The
0008
 1    floor is open for discussion.  Is there any discussion?
 2              There being none, we will go into a vote.
 3              All in favor of the adhering to the rule, in
 4    other words, that good cause has not been shown to lift
 5    the rule, please signify by raising your right hand.
 6              (Members respond.)
 7              SEN. MCCONNELL:  Thank you.  That will also
 8    include Professor Freeman's proxy.
 9              Let it show, then, that it is the unanimous
10    vote of the commission not to waive the rule.
11              Go to the second complaint.
12              MS. SHULER:  The second complaint was filed
13    against Cheryl A. Birch after the October 19th noon
14    deadline against family court judge Dorothy Mobley
15    Jones for the Fifth Judicial Circuit.
16              SEN. KNOTTS:  Mr. Chairman.
17              SEN. MCCONNELL:  Senator from Lexington.
18              SEN. KNOTTS:  Please let the record reflect
19    that I recuse myself in this matter.
20              SEN. MCCONNELL:  The record will so reflect.
21    You have not participated.
22              With that, Representative Delleney.
23              REP. DELLENEY:  Mr. Chairman, I would move
24    not to lift or waive the rule on this complaint either.
25    It was not timely filed and no -- good cause has not
0009
 1    been shown in order to allow us to hear that complaint.
 2              SEN. MCCONNELL:  Do I hear a second?
 3              MR. SELLERS:  Second.
 4              REP. MACK:  Second.
 5              SEN. MCCONNELL:  Moved and seconded.
 6              Floor is open for discussion.  Is there any
 7    discussion?
 8              If not, we'll go into a vote.
 9              All in favor, which means that we are not
10    waiving the rule and that good cause has not been
11    shown, please raise your right hand.
12              (Members respond.)
13              SEN. MCCONNELL:  Thank you.  Let the record
14    show that Senator from Lexington abstained from the
15    vote.
16              Opposed?
17              The proxies, Professor Freeman votes with the
18    rest of us.
19              Let it show the full commission, with the
20    exception of Senator Knotts, who has recused himself,
21    has voted there is not good cause shown to waive the
22    rule.
23              I would ask staff to so inform the candidates
24    so that they will know.
25              MS. SHULER:  All right.
0010
 1              SEN. MCCONNELL:  Is there any other matter
 2    that needs to come before the commission prior to us
 3    starting down a busy schedule?
 4              MS. SHULER:  No, sir.
 5              SEN. MCCONNELL:  Without objection, then,
 6    we'll get started.  The first one would be the
 7    Honorable Donald W. Beatty for the Supreme Court seat
 8    number five.  We'll get him to come forward.
 9              (The Honorable Donald W. Beatty enters the
10    room.)
11              JUDGE BEATTY:  Good morning.
12              SEN. MCCONNELL:  Good morning, Judge.  How
13    are you, sir?
14              JUDGE BEATTY:  I am well.  Thank you very
15    much.
16              SEN. MCCONNELL:  All right.  If you would be
17    so kind as to raise your right hand.
18              Do you swear to tell the truth, the whole
19    truth and nothing but the truth, so help you God?
20              JUDGE BEATTY:  I do.
21              SEN. MCCONNELL:  Thank you.
22              The Judicial Merit Selection Commission has
23    thoroughly investigated your qualifications for the
24    bench.  Our inquiry has focused on our nine evaluative
25    criteria and has included a survey of the bench and the
0011
 1    bar, a thorough study of your application materials,
 2    verification of your compliance with state ethics laws,
 3    a search of newspaper articles in which your name
 4    appears, a study of previous screenings, and a check
 5    for economic conflicts of interest.
 6              We have received no affidavits filed in
 7    opposition to your election.  No witnesses are present
 8    to testify.
 9              I would ask if you have any brief opening
10    statements you would like to make.  It is purely
11    optional.  And then I'll just turn you over to counsel
12    who will have a few questions for you, and we'll be
13    finished.
14              JUDGE BEATTY:  I have a brief statement,
15    Senator.  That is, I appreciate you all giving me the
16    opportunity to appear before you and the opportunity to
17    have served for the last couple of years on the Supreme
18    Court.
19              Thank you.
20              SEN. MCCONNELL:  Thank you.
21              Counsel.
22              MR. WRIGHT:  Good morning, Justice Beatty.
23              JUDGE BEATTY:  Good morning.
24              MR. WRIGHT:  Mr. Chairman and Members of the
25    Commission, I have a few procedural matters to take
0012
 1    care of.
 2              Justice Beatty, you have before you the
 3    personal data questionnaire you submitted as part of
 4    the application.  Are there any additional amendments
 5    that you would like to make at this time to your PDQ?
 6              JUDGE BEATTY:  No, sir.  I don't think so.
 7              MR. WRIGHT:  Mr. Chairman, I would ask that
 8    Justice Beatty's personal data questionnaire be entered
 9    as an exhibit into the hearing record.
10              SEN. MCCONNELL:  Is there any objection?
11              There being none, so ordered.
12              (EXHIBIT 6, Personal Data Questionnaire of
13    The Honorable Donald W. Beatty, admitted.)
14              MR. WRIGHT:  Justice Beatty, you also have
15    before you the sworn statement you provided with
16    detailed answers to over 30 questions regarding
17    judicial conduct, statutory qualifications, office
18    administration and temperament.
19              Do you have any amendments to that sworn
20    statement at this time?
21              JUDGE BEATTY:  No, I do not.
22              MR. WRIGHT:  At this time, Mr. Chairman, I
23    would ask that Justice Beatty's sworn statement be
24    entered as an exhibit into the hearing record.
25              SEN. MCCONNELL:  Is there any objection?
0013
 1              Being none, so ordered.
 2              (EXHIBIT 7, Sworn Statement of The Honorable
 3    Donald W. Beatty, admitted.)
 4              MR. WRIGHT:  One final procedural matter, I
 5    note for the record that based on the testimony
 6    contained in the candidate's PDQ, which has been
 7    included in the record with the candidate's consent,
 8    Justice Beatty meets the statutory requirements for
 9    this position regarding age, residence and years of
10    practice.
11    BY MR. WRIGHT:
12         Q.   Justice Beatty, why do you want to continue
13    serving as a Supreme Court Justice?
14         A.   Quite frankly, I've enjoyed my service on the
15    court.  And after having been there for the past two
16    years and meeting and knowing the people there and
17    finding out a little bit more about their backgrounds,
18    I'm confident that our backgrounds are quite different.
19    And I do believe that the court benefits from someone
20    with my background, whether that person be black,
21    white, polka dot or green, because my background is
22    quite different from the remaining justices on that
23    court.  All of them come from very similar backgrounds,
24    and I think we all have a different thing that we might
25    offer.  And I think I have something different to offer
0014
 1    the court.
 2         Q.   Justice Beatty, can you tell the commission
 3    what you've enjoyed about your service on the Supreme
 4    Court?
 5         A.   Well, the realization that these things are
 6    not necessarily outcome oriented.  That real serious
 7    thought goes into each and every decision that's
 8    rendered by that court.
 9              I've enjoyed it academically.  I've enjoyed
10    the comradery.  I've enjoyed the idea of sitting around
11    and discussing the law with the remaining members of
12    the court.  I enjoy it.  It is work that I appreciate.
13    I've grown to love it, to be quite frank with you, and
14    I intend to continue to do it with this body's
15    permission.
16         Q.   Justice Beatty, when you leave the bench,
17    what would you like your legacy to be as a justice on
18    the Supreme Court?
19         A.   That I was fair, number one; diligent in my
20    work, number two; and every situation that I have
21    rendered, I gave due diligence to, a lot of thought to,
22    and one that I can sleep at night after having made.
23         Q.   Thank you, Justice Beatty.
24              I have a few housekeeping issues.  Have you
25    sought or received a pledge of any legislator prior to
0015
 1    this date?
 2         A.   No, I have not.
 3         Q.   Have you sought or have you been offered a
 4    conditional pledge of any support of any legislator
 5    pending the outcome of your screening?
 6         A.   No, I have not.
 7         Q.   Have you asked any third parties to contact
 8    members of the General Assembly on your behalf?
 9         A.   No, I have not.
10         Q.   Have you contacted any members of the
11    commission?
12         A.   No, I have not.
13         Q.   Do you understand that you are prohibited
14    from seeking a pledge or commitment until 48 hours
15    after the formal release of the commission's report?
16         A.   Yes, I do.
17         Q.   Have you reviewed the commission's guidelines
18    on pledging?
19         A.   I have.
20         Q.   As a follow up, are you aware of the
21    penalties for violating the pledging rules, that is, it
22    is a misdemeanor, and upon conviction a violator must
23    be fined not more than $1,000 or imprisoned not more
24    than 90 days?
25         A.   I do.
0016
 1              MR. WRIGHT:  I would note that the Upstate
 2    Citizens Committee found Justice Beatty well qualified
 3    for each of the nine evaluative criteria,
 4    constitutional qualifications, ethical fitness,
 5    professional and academic ability, character,
 6    reputation, physical health, mental stability,
 7    experience and judicial temperament.
 8              I would just note for the record that any
 9    concerns raised during the investigation regarding the
10    candidate were incorporated into the questioning of the
11    candidate today.
12              Mr. Chairman, I have no further questions.
13              SEN. MCCONNELL:  Thank you, sir.
14              Any member of the commission have a question?
15              If not, Justice Beatty, I do want to thank
16    you for working with our staff.  This concludes this
17    portion of our screening process.  As you know, the
18    record will remain open until the report is published,
19    and you may be called back at such time if the need
20    arises.
21              Remind you of the 48-Hour Rule, and ask that
22    you be mindful of that.  And anyone that inquires with
23    you about whether they may or may not advocate for you
24    in the event that you are screened out, as you've
25    described it, remind them of the 48-Hour Rule.
0017
 1              We want to thank you for offering.  We want
 2    to thank you for your past service of the people of
 3    South Carolina.
 4              JUDGE BEATTY:  Mr. Chairman, members of the
 5    committee, thank you very much for your time and effort
 6    that you have given me, and the opportunity you've
 7    given me to come before you.  I really do truly
 8    appreciate it.  Have a good day.
 9              SEN. MCCONNELL:  Thank you.
10              (The Honorable Donald W. Beatty exits the
11    room.)
12              (Off the record.)
13              (The Honorable John Cannon Few present in the
14    room.)
15              SEN. MCCONNELL:  Good morning, sir.
16              JUDGE FEW:  Good morning.
17              SEN. MCCONNELL:  Please raise your right
18    hand.
19              Do you swear to tell the truth, the whole
20    truth and nothing but the truth, so help you God?
21              JUDGE FEW:  I do.
22              SEN. MCCONNELL:  The Judicial Merit Selection
23    Commission has thoroughly investigated your
24    qualifications for the bench.  Our inquiry has focused
25    on our nine evaluative criteria and has included a
0018
 1    survey of the bench and bar, a thorough study of your
 2    application materials, verification of your compliance
 3    with state ethics laws, a search of newspaper articles
 4    in which your name appears, a study of previous
 5    screenings, and a check for economic conflicts of
 6    interest.
 7              We have received no affidavits filed in
 8    opposition to your election.  No witnesses are present
 9    to testify.
10              Do you have any brief opening statements
11    you'd like to make at this time?
12              JUDGE FEW:  No, sir.
13              SEN. MCCONNELL:  All right.  With that, I'll
14    turn you over to counsel that's got some questions for
15    you.
16              MS. BENSON:  Mr. Chairman and Members of the
17    Commission, I have a few procedural questions.
18              Judge Few, you have before you your personal
19    data questionnaire and two amendments with it that you
20    submitted as part of your application.  Is your PDQ now
21    complete and do you have any additional amendments that
22    you would want to offer?
23              JUDGE FEW:  I have no additional amendments.
24              MS. BENSON:  And these amendments dealt with
25    your letters of reference to correct who had given
0019
 1    letters of reference and also with the fact that a
 2    complaint that had been filed against you has now been
 3    dismissed.
 4              JUDGE FEW:  Yes, ma'am.
 5              MS. BENSON:  Mr. Chairman, Judge -- I would
 6    ask that this be entered as an exhibit in the hearing
 7    record at this time.
 8              SEN. MCCONNELL:  Is there objection?
 9              Being none, so ordered.
10              (EXHIBIT 8, Personal Data Questionnaire of
11    The Honorable John Cannon Few, admitted.)
12              MS. BENSON:  Judge Few, you now have before
13    you the sworn statement you provided with detailed
14    answers to over 30 questions regarding judicial
15    conduct, statutory qualifications, office
16    administration and temperament.
17              Do you have any additional amendments to this
18    statement that you would want to make at this time?
19              JUDGE FEW:  No, ma'am.
20              MS. BENSON:  At this time, Mr. Chairman, I
21    would ask that Judge Few's sworn statement be entered
22    as an exhibit into the hearing record.
23              SEN. MCCONNELL:  Is there being?
24              Being none, so ordered.
25              (EXHIBIT 9, Sworn Statement of The Honorable
0020
 1    John Cannon Few, admitted.)
 2              MS. BENSON:  One final procedural matter.  I
 3    note for the record that based on the testimony
 4    contained in the Judge's PDQ, which has been included
 5    in the record with his consent, that he meets the
 6    statutory requirements for this position regarding age,
 7    residence and years of practice.
 8    BY MS. BENSON:
 9         Q.   Judge Few, could you please tell the
10    commission why that you want to serve as chief judge of
11    the Court of Appeals.
12         A.   Yes, ma'am.  I have -- I feel like I've
13    answered this question so many times in front of you
14    all.  But I -- as I think about the things that I do as
15    a circuit judge that I get the most satisfaction out
16    of, they would include prominently the academic part of
17    the law.  And I've now been serving as a circuit judge
18    for nine and a half years, and I'm just ready sort of
19    personally to focus more on the academic side of what I
20    do.
21              And the reading and the writing, the
22    discussing among other judges and with lawyers that is
23    inherent in what the -- an appellate court does is
24    something I love doing on the Circuit Court, and I'm
25    ready to take that up to the appellate court, if I can.
0021
 1              It also has a lot to do with the fact that as
 2    I have set out my career over time, I mean, I've tried
 3    to do the best I can.  I've tried to be the best lawyer
 4    that I can be, the best judge I can be, and moving to
 5    the appellate court is a step towards the type of
 6    excellence that I want my career to show when I get to
 7    the end of it.
 8              Now, that sort of addresses why the appellate
 9    court in the first place.  And, of course, as everyone
10    on the committee knows, I've run for the Supreme Court
11    now three times.  And now the seat that's open is chief
12    judge of the Court of Appeals.  Why do I want to be
13    chief judge?  I think that the leadership opportunity
14    for this seat as chief judge is one that I'm very well
15    suited for.  I've explained a lot of that in the
16    written answers that I gave to the questions that were
17    submitted to us, and I'll be happy to follow up on
18    those in any way if necessary.
19              But as I have learned about myself, being a
20    circuit judge, as I've learned about myself
21    particularly going through the political process here
22    so many times in running for the Supreme Court, I
23    believe that this is a job that I would excel at.  It's
24    a job that I want to do and want to do well.  And I
25    believe I'm just very well-suited to lead the court
0022
 1    over the next long period of time.
 2         Q.   Judge Few, pursuant to Section 14-8-80,
 3    subject to the provisions of Article 5, Section 4 of
 4    the Constitution, the chief judge of the Court of
 5    Appeals has additional responsibilities besides just
 6    serving as an appellate judge.
 7              Could you explain what in your background
 8    would assist you in managing the Court of Appeals.
 9         A.   Yes, ma'am.  Of course, this is another
10    question that I've addressed briefly in the written
11    answers that we gave.  But, of course, I'm from
12    Greenville, and Greenville has one of the biggest civil
13    and criminal dockets in the state.  So from a Circuit
14    Court standpoint, over the nine years or so that I've
15    been up there, I have been in charge.  It's a job that
16    rotates, as you all know.  The chief administrative
17    judge job of a circuit rotates.  And I've had it for a
18    very significant period of the nine and a half years
19    that I've been on the bench.  And managing that docket,
20    keeping it current, taking portions of it that were not
21    current, such as the postconviction relief docket.
22              Those of you who are familiar with that will
23    know that around the state, the postconviction relief
24    docket has some areas where it's just badly behind.
25    And when I took over as chief administrative judge in
0023
 1    Greenville the first time, there were hardly any cases
 2    on the postconviction relief docket that were being
 3    tried before they were two years old.
 4              And I looked at this, and I said, "This is
 5    not the way I want the docket to return.  If somebody
 6    deserves relief, they deserve it soon."
 7              And so I worked very carefully with the other
 8    judges in the circuit, with the staff of the clerk's
 9    office, the Attorney General's Office, and the private
10    bar, and over about a two-and-half-year period of time,
11    we reduced that docket down to where now almost no
12    cases are being tried -- I'm sorry, almost all cases
13    are being tried within one year of filing.
14              So that's one of the examples of the
15    administrative leadership that I have brought to the
16    Circuit Court in Greenville.
17              The legal side of my qualifications, I have
18    explained to you all several times before.  I'll
19    briefly touch on it again.  I've spent a great deal of
20    effort over the years trying to focus on what I think
21    is the proper structure to resolving legal disputes,
22    which is, of course, in the first place to identify
23    what is the correct issue that needs to be resolved.
24    Judges, courts, are charged constitutionally with the
25    responsibility of doing as little as possible to
0024
 1    resolve a legal dispute.  And the first step in doing
 2    that is to identify the issue and then once the
 3    corrective issue is identified, to then resolve that,
 4    resolve the case and do nothing more.
 5              So that disciplined, principled view of the
 6    role of a court is something that I think is important
 7    that qualifies me to go to the appellate court.
 8              On the leadership side, I have referenced in
 9    my written answers the liberty fellowship that I've
10    been involved in, which is one relatively small
11    component of how my thinking about leadership has
12    evolved over the years.  And I have thought a lot about
13    how I would go about leading the Court of Appeals.
14    I've done a lot to prepare myself for this.  I have
15    gone out and talked to all of the former chief judges.
16    Talked to Chief Judge Sanders, Chief Judge Howell.  I
17    had conversations with Chief Judge Hearn.
18              I've talked to the leading participants in
19    the appellate process around the state.  I sat down
20    with the two chiefs of the appellant divisions of the
21    Attorney General's Office, listened to their concerns
22    about how the appellate process works.
23              I sat down with the Office of Appellate
24    Defense with Patton Adams and Ryan -- I've forgotten
25    his last name.  He's the junior -- he's below Patton.
0025
 1    And discussed with them what are their concerns in
 2    trying to run their office in the context of, of
 3    course, coming to the appellate court.  I've talked to
 4    lawyers in the private bar.
 5              And through all of those discussions, I have
 6    tried very carefully to listen to people's concerns
 7    about how the court works, listen to people's ideas
 8    about how the court can work best in the future, and
 9    then to think about those ideas and try to formulate
10    ways that I could incorporate them into the way the
11    court will run.
12              Some of them are going to be great ideas and
13    would work well.  Some of them seem like great ideas,
14    they might not work so well.  These are things that I
15    would like to try in running the court.
16              And the last thing that I will say, because I
17    know my answer is probably a little long now, is that I
18    have worked very hard to learn how to get people to
19    invest in what I see as the vision.  So if I'm the
20    chief of the court, I'm going to try to work -- I'm
21    going to work really hard to get everybody on the
22    court, and I don't just mean the other judges, I
23    particularly mean the staff, the staff attorneys, the
24    law clerks, to make a serious investment into getting
25    the job of the court done as well as possible.
0026
 1         Q.   Judge, just a brief follow up.  If you are
 2    nominated by the commission and elected to this post,
 3    what length of time would you intend to serve as a
 4    chief judge, and besides the accomplishments that
 5    you've already described, what other accomplishments
 6    would you want to achieve over that span of time?
 7         A.   Well, I would say that I would serve
 8    indefinitely, and it's hard to put a number of years on
 9    that.  The previous chief judges that we have had have
10    served -- I think Judge Sanders served nine,
11    Judge Howell served about six or seven, and Judge Hearn
12    has now served ten.  And I can't imagine that I would
13    see myself as finished with the court's work, with my
14    work on the court in a shorter period of time than ten
15    years.  And I think it's a constant evaluation.
16              Now, one of the things that I think needs to
17    be addressed by me, since I've run for the Supreme
18    Court, is whether or not I would leave this position to
19    run for the Supreme Court.  No.  I mean, maybe at some
20    point way down the line.  But I sat down and very
21    carefully thought out whether or not it was the right
22    thing for me to run for chief judge of the Court of
23    Appeals because if I did that, I knew that I had to
24    make a commitment of a long period of years in which to
25    run the court.  And that if I was going to go from here
0027
 1    to the Supreme Court the next time a seat comes open,
 2    that would be a disservice to the court.  So I have set
 3    whatever ambitions I may have had for the Supreme Court
 4    aside so that I can run for this job and serve.
 5              Now, as far as accomplishments on the court,
 6    it seems to me that the overall mind-set that the court
 7    should have, that I would have as its leader would be
 8    of service to the people the court is charged with
 9    serving.  And that includes foremost the people of
10    South Carolina, the lawyers of South Carolina, the
11    circuit and family courts and also the Supreme Court.
12              And with that concept in mind, I'm going to
13    be looking at all sorts of different ways that I can
14    improve that service.  One of the ways that I have
15    outlined in my written answers is that I would like to
16    shorten the average period of time that it takes for an
17    appeal to go from filing to resolution.
18              There are a lot of ideas that I have about
19    how to do that, and I'll be happy to discuss any of
20    them if you would like for me to.  But I'll just offer
21    to do that, and if you want me to, I will.
22              I also want to improve the overall quality.
23    I'll say this.  I'm not at all criticizing the court
24    because I think the court has done an outstanding job.
25    Judge Hearn has been an outstanding leader.  I would
0028
 1    hope to be able to duplicate what she has done and even
 2    improve on what she's done, if that's possible.
 3         Q.   Judge, you have already addressed this issue
 4    briefly this morning and also in your sworn statement,
 5    question number 12, but could you explain your general
 6    philosophy regarding judicial activism.
 7         A.   Yes, ma'am.  Judicial activism is something
 8    that I think most folks could refer to as sort of
 9    making law from the bench.  The way that our system of
10    government is set up is the three branches.  The
11    judicial branch is charged under the South Carolina
12    Constitution just as it is under the United States
13    Constitution with resolving disputes.  And that
14    requires that the judicial branch very carefully stay
15    within that role.
16              And that's why I mentioned a few minutes ago
17    that a court's job is to do as little as possible to
18    resolve a dispute.  And the first step in that regard
19    is to identify the issue and then to resolve the issue,
20    saying as little as possible along the way.
21              The role of the judicial activism would seen
22    as going beyond that role.  If there is a dispute,
23    whether it's a criminal dispute or a civil dispute that
24    comes before the court, and if the court just sort of
25    makes a statement about what it thinks the law is and
0029
 1    that statement is not necessary for the resolution of
 2    the dispute, then that can be seen as making law.
 3    Another way that -- and that's improper, in my opinion,
 4    under the role of the judiciary.
 5              Another way of looking at that is
 6    interpreting statutory law and constitutional law.  And
 7    the court is charged with the responsibility of
 8    interpreting what the legislature says, deciding what
 9    the legislature said and not hoping that they had said
10    something different, not trying to interpret it as
11    something different than it is.  Judicial activism is
12    to be avoided and is not -- and will be avoided under
13    my leadership.  Yes, ma'am.
14         Q.   Thank you, Judge Few.  I have a few
15    housekeeping issues.
16              Have you sought or received the pledge of any
17    legislator prior to this date?
18         A.   No, ma'am.
19         Q.   Have you sought or have you been offered a
20    conditional pledge of support of any legislator pending
21    the outcome of your screening?
22         A.   No, ma'am.
23         Q.   Have you asked any third parties to contact
24    members of the General Assembly on your behalf?
25         A.   No, ma'am.
0030
 1         Q.   Have you contacted any members of the
 2    commission?
 3         A.   I have seen several of the members just in
 4    social settings, but not regarding screening.
 5         Q.   Do you understand that you're prohibited from
 6    seeking a pledge or commitment until 48 hours after the
 7    formal release of the commission's report?
 8         A.   Yes, ma'am.
 9         Q.   Have you reviewed the commission's guidelines
10    on pledging?
11         A.   I have.
12         Q.   As a follow up, are you aware of the
13    penalties for violating the pledging rules, that is,
14    that it's a misdemeanor, upon conviction the violator
15    must be fined not more than a thousand dollars or
16    imprisoned not more than 90 days?
17         A.   Yes, ma'am.  I'm aware of that.
18              MS. BENSON:  Mr. Chairman, I would note that
19    the Upstate Citizens Committee has reported that
20    Judge Few is well qualified for each of the nine
21    evaluative criteria: constitutional qualifications,
22    ethical fitness, professional and academic ability,
23    character, reputation, physical health, mental
24    stability, experience, and judicial temperament.
25              I would also note for the record that any
0031
 1    concerns raised during the investigation of Judge Few
 2    were incorporated into the questioning of the candidate
 3    today.  And I have no further questions.
 4              SEN. MCCONNELL:  Thank you.
 5              Any members of the commission have a
 6    question?
 7              If not, we want to thank you, Judge Few.
 8    This concludes this portion of your screening process.
 9    As you know, the record will remain open until the
10    report is published, and you may be called back at such
11    time if the need arises.  That's not to indicate that
12    there's anything pending.
13              I remind you of the 48-Hour Rule and ask that
14    you be mindful of that.  And if anyone inquires with
15    you about whether they may or may not advocate for you
16    in the event that you have screened out, that you
17    remind them of the 48-Hour Rule.
18              With that, I thank you for your offering, for
19    your past service to the people of South Carolina.
20    You're free to go.
21              JUDGE FEW:  Thank you very much.
22              SEN. MCCONNELL:  Thank you, sir.
23              JUDGE FEW:  Thank you.
24              (The Honorable John Cannon Few exited the
25    room.)
0032
 1              MS. SHULER:  I would note that they submitted
 2    written responses to specific questions related to
 3    chief judge of the Court of Appeals and these are in
 4    there --
 5              SEN. MCCONNELL:  I've been trying to look at
 6    them and see what they say.
 7              MS. SHULER:  -- in your materials as well.
 8              (The Honorable Thomas E. Huff enters the
 9    room.)
10              SEN. MCCONNELL:  Good morning.
11              JUDGE HUFF:  Good morning.
12              SEN. MCCONNELL:  We have before us the
13    Honorable Thomas E. Huff offering for the Court of
14    Appeals, seat number five, chief judge.
15              If you would raise your right hand.
16              Do you swear to tell the truth, the whole
17    truth and nothing but the truth, so help you God?
18              JUDGE HUFF:  I do.
19              SEN. MCCONNELL:  Thank you, sir.
20              Judicial Merit Selection Commission has
21    thoroughly investigated your qualification for the
22    bench.  Our inquiry is focused on our nine evaluative
23    criteria and has included a survey of the bench and the
24    bar, a thorough study of your application materials, a
25    verification of your compliance with state ethics laws,
0033
 1    a search of newspaper articles in which your name
 2    appears, a study of previous screenings and a check for
 3    economic conflicts of interest.
 4              We have received no affidavits filed in
 5    opposition to your election.  No witnesses are present
 6    to testify.
 7              Do you have any brief opening statements to
 8    make at this time?  I would tell you it is purely
 9    optional.  If not, I would turn you over to counsel who
10    will have some questions for you.
11              JUDGE HUFF:  Senator, I've learned the more
12    you say, the more they can hang you with.  I would
13    defer to any questions that might be presented by the
14    commission.
15              SEN. MCCONNELL:  Thank you, sir.  With that,
16    I'll turn your over to counsel.
17              MS. SHULER:  Good morning, Judge Huff.
18              JUDGE HUFF:  Good morning.
19              MS. SHULER:  Mr. Chairman and Members of the
20    Commission, I have a few procedural matters to take
21    care of with this candidate.
22              Judge Huff, you have before you the personal
23    data questionnaire you submitted as part of your
24    application.
25              Are there any additional amendments that you
0034
 1    would like to make at this time to your PDQ?
 2              JUDGE HUFF:  Not that I'm aware of, no.
 3              MS. SHULER:  Thank you.
 4              Mr. Chairman, I would like to ask that
 5    Judge Huff's personal data questionnaire be entered as
 6    an exhibit into the hearing record.
 7              SEN. MCCONNELL:  Without objection, so
 8    ordered.
 9              (EXHIBIT 10, Personal Data Questionnaire of
10    The Honorable Thomas E. Huff, admitted.)
11              MS. SHULER:  Judge Huff, you have before you
12    the sworn statement as well as an amendment you
13    submitted to counsel, you provided with detailed
14    answers to over 30 questions regarding judicial
15    conduct, statutory qualifications, office
16    administration and temperament.
17              Are there any additional amendments that you
18    would like to make at this time to your sworn
19    statement?
20              JUDGE HUFF:  Not that I'm aware of, no.
21              MS. SHULER:  At this time, Mr. Chairman, I
22    would like to ask that Judge Huff's sworn statement and
23    his amendment be entered as an exhibit into the hearing
24    record.
25              SEN. MCCONNELL:  Is there objection?
0035
 1              There being none, so ordered.
 2              (EXHIBIT 11, Sworn Statement of The Honorable
 3    Thomas E. Huff, admitted.)
 4              MS. SHULER:  One final procedural matter.  I
 5    note for the record that based on the testimony
 6    contained in the candidate's PDQ, which has been
 7    included in the record, Judge Huff meets the statutory
 8    requirements for this position regarding age, residence
 9    and years of practice.
10    BY MS. SHULER:
11         Q.   Judge Huff, after being a licensed lawyer for
12    33 years and a judge on the Court of Appeals for the
13    last 13 years, why do you now want to serve as the
14    chief judge of the Court of Appeals?
15         A.   It seems to me that over the last several
16    years we've had quite a transition in the number of
17    judges that have been on our court.  I think that's the
18    direct result of advancement from members of our court
19    to the Supreme Court, the natural consequences of
20    retirement.  And in light of the changes that have
21    occurred in the rules and the cases that we have,
22    specifically PCRs, Anders and others, dealing with
23    Administrative Law Courts now, I think I have a unique
24    perspective and opportunity to bring to bear, if you
25    will, an institutional history that has been developed
0036
 1    over that last 13 years.  To see what has worked, to
 2    see what has not worked, and to interplay and interact
 3    with the other judges that have been on our court.
 4              I've seen a lot come and go.  And I think in
 5    dealing with those individuals and those personalities,
 6    that's also developed an ability, I think, that can be
 7    quite beneficial to the operations of our court in the
 8    future.  And for that reason, I'm offering.
 9         Q.   Judge Huff, pursuant to Section 14-8-80,
10    subject to the provisions of Article 5 Section 4 of the
11    South Carolina Constitution, the chief judge of the
12    Court of Appeals has additional responsibilities
13    besides just merely serving as an appellant court
14    judge.
15              Explain what in your background would assist
16    you in managing the Court of Appeals?
17         A.   Well, my undergraduate degree was in
18    management, so I think that at least gives me some
19    awareness as to the different principles and
20    philosophies of working with individuals, trying to
21    achieve goals, giving direction and seeing that there's
22    follow through on the directions.
23              The fact that I served in the legislature for
24    almost 19 years has likewise given me an institutional
25    history of that body as well.  And I think the
0037
 1    interplay between the legislature and the courts, at
 2    least in the economic times that we find ourselves in,
 3    is going to be very important.
 4              The qualities that have also been advanced,
 5    at least in my application, I've had an opportunity to
 6    serve as the chairman of a local private Christian
 7    school for a number of years to help with a rather
 8    significant budget, a 300-person enrollment.  That's
 9    given me the opportunity to not only work with
10    individuals but with budgets and things that I believe
11    will interplay with in the position of a chief judge.
12    And in the practice of law for 30 years.
13              And I think the role of a chief judge in the
14    administrative capacity has a lot to do with how you
15    can motivate people and how you can direct people and
16    focus people on goals.  And it's hard enough to deal
17    with lawyers.  When you're working with nine judges,
18    all with strong personalities, and rightly so, all with
19    different backgrounds, intellectually and
20    educationally, and from their experiences, it's going
21    to be important that a person that you have serving in
22    that role has the ability to communicate, to motivate
23    and to deal with those personalities.
24         Q.   Judge Huff, as a follow up, and you've just
25    described your manage style, can you sort of focus on
0038
 1    what you perceive to be your three major strengths and
 2    weaknesses as a manager and leader.
 3         A.   I'll deal with the strengths first.  No one
 4    likes to admit they have weaknesses, but we all do.
 5              I think one of the attributes that I'm
 6    probably the proudest of, and a lot of that was forged,
 7    if you will, in the crucible of the legislative
 8    process, is to listen.  That's hard to do sometimes as
 9    a legislator and even as a judge.  And there's --
10    somehow as we serve, we tend to believe we have all the
11    answers.  And somehow that will deaden our sensitivity
12    to people.
13              And so I've tried very diligently over the
14    last many years to alleviate and abate, if you will,
15    the strengthening of that personality trait.  And
16    because of it, I think I have an ability, if you will,
17    to listen and to discern all interests that may come to
18    bear.  Not necessarily in the judicial process, but in
19    listening to the other judges as to their
20    recommendations and their input about how we could make
21    the court better.
22              The other thing is to work with staff.  I've
23    had to do that not only in my legal career but as well
24    as legislative and as well in my internal chambers.
25    They are integral parts of the judicial process.  And I
0039
 1    think the more that we as judges can recognize their
 2    contributions and what they do and the same desires
 3    they have for our court to be recognized in its
 4    opinions and the integrity of those opinions and the
 5    work product itself, it only lends them to be motivated
 6    even more to be helpful to those judges.
 7              And then finally, I have a strong sense of
 8    family.  One of the problems that we sometimes have as
 9    judges is to be isolated.  We tend the sit apart from
10    the day-to-day activities of the legal process and
11    second guess the lawyer and the judges who are
12    rendering opinions below.  And so I think family is an
13    integral part of that to keep us sensitive to what's
14    happening in the real world, so to speak.  And the
15    impact of the decisions that we make, more so than just
16    the legal implications, but the social implications as
17    well.
18         Q.   And as a follow up, not focusing on the
19    negative, but what would you perceive would be, as a
20    manager, your negative qualities?
21         A.   At some time you have to be decisive, and
22    sometimes you cannot allow your willingness to hear all
23    viewpoints to freeze you.  And to, in other words,
24    unduly extend the decision process.  At some point in
25    time you have to make a decision.
0040
 1              And I tried to have to develop a point in
 2    time and a tactic, if you will, as to how to say, okay,
 3    debate is over, it's time to make a decision.  And
 4    that's something I constantly will work on.
 5              And at least in our positions, our decisions
 6    that we make as judges on the court, not as far as
 7    legal opinions, we need to be able to speak
 8    respectfully to each other and to, in a way, encourage
 9    people to accept the decision.  The mere pronouncement
10    doesn't necessarily bring allegiance.  You have to
11    pronounce it in such a way that I think they have to be
12    felt to be a part of that process.  And so that they
13    not only accept the decision, but they join in and
14    participate in seeing that the decision is carried out.
15    That's something I'm constantly working on.
16         Q.   All right.  Judge Huff, based on your present
17    plans, discuss the length of time you intend to serve
18    as the chief judge if you're nominated by the
19    commission and elected to this position by the members
20    of the General Assembly and describe any other
21    accomplishments you hope to achieve over that time
22    span.
23         A.   Well, having recently turned 60, I'm somewhat
24    limited on what the length of service can be, although,
25    I still feel like I can be productive beyond that time.
0041
 1    That's something that has really come to bear on my
 2    focus of service is to realize that there are only a
 3    limited number of years left.  And so I would continue
 4    to serve as long as the statutes permit me to serve and
 5    as long as this commission and people, particularly my
 6    wife, wants me to serve.
 7              What I hope to accomplish in that time frame,
 8    if I'm successful, is with the amount of workload that
 9    is being increased upon our court and the focus and the
10    direction that our court is now in, is to see us work
11    even more cooperatively and integrated with the
12    decisions of the chief justice and with the legislature
13    itself.
14              We have a unique story to tell.  We're a part
15    of the appellant body, granted, but we're a different
16    type of court.  And I think you could probably analyze
17    very quickly the amount of cases that are being filed,
18    the disposition of those cases.  And I would like to
19    see that success story that has been obtained over the
20    last several years continue.  And I would like to see
21    our court work even closer together, not only in the
22    recommendations of how to make it better but actually
23    work to see it's done.
24         Q.   Okay.  Judge Huff, what concrete plans, if
25    any, do you have to improve the operations of the Court
0042
 1    of Appeals as well to foster collegiality on the court?
 2         A.   I don't think judges have been too remiss of
 3    wanting to be social.  Sometimes the rules prevent us
 4    from being as social as we would like.  Internally, one
 5    of the things that I would like to see happen in our
 6    court, and that's not to say it hasn't already
 7    happened, but even to a greater degree, and I've talked
 8    with our chief counsel, the staff attorneys, and -- is
 9    to have regular meetings with them.  Not only to
10    discuss the day-to-day workload, but the pressures of
11    that workload, and if any problems are creeping into
12    that, whether it be external from families or from
13    social engagements or whatever, to see that they don't
14    intrude.  But also welcome their comment.
15              I would like the court itself to sit and to
16    have an opportunity to hear those staff attorneys and
17    other law clerks and what their recommendations are.
18    And then apart from that, we have been doing this
19    already of having lunch monthly, the court, to discuss
20    and to discuss things other than just what's happening
21    in the court.  But I would like to see us have more
22    retreats to do that, not only from a CLE standpoint but
23    from the social standpoint, to get to know our
24    families, to get to know how they interplay with them
25    and to see them other than just in a robe, I think is
0043
 1    critical to understand how their minds work.
 2              MS. SHULER:  Thank you, Judge Huff.
 3              Mr. Chairman, I would like to request that we
 4    now go into executive session to handle one matter.
 5              SEN. MCCONNELL:  All right.  Staff has
 6    recommended we go into executive session.  I would ask
 7    is there an objection?
 8              If not, I would consider that a vote along
 9    with the proxy for Professor Freeman.  And if you all
10    would secure the chambers.
11              MS. SHULER:  Judge Huff, you might want to
12    just turn your mike off for this portion of the
13    proceeding.
14              SEN. MCCONNELL:  We're now in executive
15    session.
16              (Members go into executive session.)
17              (The hearing was continued under a separate
18    restricted record.)
19                       *   *   *   *   *
20   
21   
22   
23   
24   
25   
0049
 1                       *   *   *   *   *
 2    BY MS. SHULER:
 3         Q.   Judge Huff, I would like to cover some
 4    housekeeping matters with you.
 5              Have you sought or received the pledge of any
 6    legislator prior to this date?
 7         A.   No, I have not.
 8         Q.   Have you sought or have you been offered a
 9    conditional pledge of support of any legislator pending
10    the outcome of your screening?
11         A.   No, I have not.
12         Q.   Have you asked any third parties to contact
13    members of the General Assembly on your behalf?
14         A.   No, I have not.
15         Q.   Have you contacted any members of the
16    commission?
17         A.   No, I have not.
18         Q.   Do you understand that you are prohibited
19    from seeking a pledge or commitment until 48 hours
20    after the formal release of the commission's report?
21         A.   Very much so.
22         Q.   Have you reviewed the commission's guidelines
23    on pledging?
24         A.   Yes.
25         Q.   Have you aware that the penalties for
0050
 1    violating the pledging rules, that is, it could be a
 2    misdemeanor, and upon conviction, the violator must be
 3    fined not more than a thousand dollars or imprisoned
 4    not more than 90 days?
 5         A.   I am.
 6              MS. SHULER:  I would note that the Midlands
 7    Citizens Committee found Judge Huff well qualified for
 8    each of the nine evaluative criteria: constitutional
 9    qualifications, ethical fitness, professional and
10    academic ability, character, reputation, physical
11    health, mental stability, experience and judicial
12    temperament.
13              They also stated, "Judge Huff is an asset to
14    our state and the committee truly appreciates his
15    honorable service to our state on the Court of Appeals.
16    We believe he is eminently qualified to be the chief
17    judge of the Court of Appeals, and we are confident he
18    would continue his service to the Court of Appeals and
19    our state in a most outstanding manner."
20              I would just note for the record that any
21    concerns raised during the investigation regarding this
22    candidate were incorporated into the questioning of
23    this candidate today.
24              And, Mr. Chairman, I have no further
25    questions for Judge Huff.
0051
 1              SEN. MCCONNELL:  Thank you.  Any member of
 2    the commission have a question?
 3              If not, Judge, this concludes this portion of
 4    our screening process.  As you know, the record will
 5    remain open until the report is published, and you may
 6    be called back at such time if the need arises.
 7              I remind you of the 48-Hour Rule and ask you
 8    to be mindful of that.  And if anyone that inquires
 9    with you about whether they may or may not advocate for
10    you in the event that you are screened out, please
11    remind them of the 48-Hour Rule.
12              And I thank you for your past service and for
13    offering, and we wish you a good day.
14              JUDGE HUFF:  Thank you.
15              SEN. MCCONNELL:  Thank you, sir.
16              Next we have Judge Lee.
17              (The Honorable Thomas E. Huff exits the
18    room.)
19              (The Honorable Alison Renee Lee enters the
20    room.)
21              JUDG LEE:  Good morning, everyone.
22              SEN. MCCONNELL:  Good morning.  How are you?
23              JUDGE LEE:  I'm fine.  Thank you.
24              SEN. MCCONNELL:  We'll go back on the record
25    at this point.  We've got before us the Honorable
0052
 1    Alison Renee Lee offering for Court of Appeals, chief
 2    judge, seat number 5.
 3              If you would be so kind as to raise your
 4    right hand.
 5              Do you swear to tell the truth, the whole
 6    truth and nothing but the truth, so help you God?
 7              JUDGE LEE:  I do.
 8              SEN. MCCONNELL:  Thank you.  The Judicial
 9    Merit Selection Commission has thoroughly investigated
10    your qualifications for the bench.  Our inquiry has
11    focused on our nine evaluative criteria, and it has
12    included a survey of the bench and the bar, a thorough
13    study of your application materials, a verification of
14    your compliance with state ethics laws, a search of
15    newspaper articles in which your name appears, study of
16    previous screenings, and a check for economic conflicts
17    of interest.
18              We have received no affidavits filed in
19    opposition to your election.  No witnesses are present
20    to testify.
21              So I would ask you if you have any brief
22    opening statements you would like to make, which is
23    purely optional, before I turn you over to counsel for
24    questions.
25              JUDGE LEE:  The only thing I would like to
0053
 1    say is I would like to thank you all very much for the
 2    opportunity to appear before you again.  It's good to
 3    see some of you again, and the new faces as well.  I
 4    appreciate your time and energy.  I know you had to get
 5    up early to get here.  And I look forward to talking
 6    about my qualifications with you.  Thank you.
 7              SEN. MCCONNELL:  Please answer the questions.
 8              Counsel.
 9              MR. DENNIS:  Mr. Chairman, I just have a few
10    procedural matters to take of with Judge Lee.
11              Judge Lee, you've got before you the personal
12    data questionnaire you submitted as part of your
13    application.  Are there any amendments that you would
14    like to make to your PDQ at this time?
15              JUDGE LEE:  I reviewed it yesterday, and I
16    did not see anything that I really need to change.  And
17    so I think maybe the only thing would be one of the
18    witnesses, I believe I submitted a separate letter, and
19    that would be the only thing.  But I think the
20    commission has all that.
21              MR. DENNIS:  Yes, ma'am.
22              Mr. Chairman, I would ask that Judge Lee's
23    personal data questionnaire be entered as an exhibit
24    into the record.
25              SEN. MCCONNELL:  All right.  Is there any
0054
 1    objection?
 2              There being none, so ordered.
 3              (EXHIBIT 12, Personal Data Questionnaire of
 4    The Honorable Alison Renee Lee, admitted.)
 5              MR. DENNIS:  Judge Lee, you also have before
 6    you the sworn statement you provided with detailed
 7    answers to over 30 questions regarding judicial
 8    conduct, statutory qualifications, office
 9    administration and temperament.
10              Are there any amendments that you would like
11    to make to your sworn statement at this time?
12              JUDGE LEE:  No, there are not.  I have
13    reviewed that yesterday as well.
14              MR. DENNIS:  Mr. Chairman, I would ask that
15    Judge Lee's sworn statement be made a part of the
16    record.
17              SEN. MCCONNELL:  Is there objection?
18              Being none, so ordered at this time.
19              (EXHIBIT 13, Sworn Statement of The Honorable
20    Alison Renee Lee, admitted.)
21              MR. DENNIS:  One final procedure matter.  I
22    note for the record that based on the testimony
23    contained in the candidate's PDQ, which has been
24    included in the record with the candidate's consent,
25    Judge Lee meets the statutory requirements for this
0055
 1    position regarding age, residence, and years of
 2    practice.
 3    BY MR. DENNIS:
 4         Q.   Judge Lee, would you tell us why you now want
 5    to serve as chief judge of the Court of Appeals?
 6         A.   I wore today my 20-year pin.  I've been a
 7    public servant for over 20 years.  At least 15 of those
 8    have been either in a judicial or quasi judicial
 9    matters in position as a judge.
10              I'm ready for the next challenge.  I've
11    enjoyed my years of public service.  I would like to
12    continue to perform public service in the form of a
13    judicial position.  I think that I've got the
14    temperament and the intellectual capabilities in order
15    to be chief.  And I think my experience over the past
16    20 years and even in college and in law school have
17    prepared me in order to be chief for the Court of
18    Appeals.
19         Q.   Thank you, ma'am.
20              Judge, as one of two candidates offering for
21    this seat that is not currently on the Court of
22    Appeals, could you please explain to the commission how
23    you feel you will prepare yourself more specifically
24    for the challenges of being the chief judge of the
25    Court of Appeals?
0056
 1         A.   I have had the opportunity to sit with the
 2    Court of Appeals, and I've sat a number of times with
 3    the Supreme Court, so I'm familiar with the basic
 4    operation of the Supreme Court.  In addition, I started
 5    off my legal career as a law clerk with Judge Goolsby,
 6    and the court was new at that particular time.  So I
 7    got to participate in helping to establish some of the
 8    procedures within Judge Goolsby's office.
 9              I was familiar with the operation of the
10    court and its establishment.  But more importantly, I
11    think I previously served as administrative law judge.
12    At the time that I was elected to be administrative law
13    judge, I was one of the first in a brand-new agency.
14    We had the opportunity to start from scratch, and so I
15    participated in that area by being able to work with
16    the Chief Judge Kittrell and with my friend Judge Bates
17    in establishing the rules for the Administrative Law
18    Court.  Helping to establish the budget because at the
19    time we really had no budget, and its establishment of
20    technology that would be used and in setting up a
21    general procedures for how the court would operate.
22    And I think that gave me invaluable experience that I
23    would be able to translate to the Court of Appeals.
24              Additionally, the court is a -- the
25    personalities in the court have changed over the past
0057
 1    several years and have been a lot of new judges elected
 2    to the court.  It's what I consider to be a young
 3    court.  There are people who are very vibrant, who are
 4    very enthusiastic about their positions.  They have a
 5    lot to offer.  They have a lot of talent, and they want
 6    to see the court be very successful.  And I think that
 7    I've worked with most of them in one form or another,
 8    whether it's through my relationships with them as law
 9    clerks or coming up in the private practice or working
10    for the state legislature, or as a Circuit Court judge,
11    I've worked with many of them.  I think I developed
12    that relationship with them that would enable me to be
13    able to determine where they think the court ought to
14    go, as well, and to work with them so that we can all
15    participate together to make it a wonderful court and
16    to continue its legacy.
17         Q.   Thank you.
18              Judge Lee, pursuant to 14-8-80 of the
19    South Carolina Code, in Article 5, Section 4 of the
20    South Carolina Constitution, the chief judge of the
21    Court of Appeals has additional responsibilities
22    besides merely serving as an appellant court judge.
23              Explain what in your background would assist
24    you in managing the Court of Appeals, the actual
25    management aspects of it.
0058
 1         A.   And I've alluded to some of that.  I think
 2    throughout my experience I've worked as a law clerk
 3    with the Court of Appeals, so I'm familiar with the
 4    workload and what's required and how the workload is
 5    set forth.
 6              I know there have been some changes over the
 7    recent years as to how the court is operating in terms
 8    of how they assign their caseload or how they utilize
 9    their staff attorneys.  But I'm able to look at those
10    issues and to dissect those issues.  I've participated
11    in Leadership South Carolina.  I was also a member of
12    the Richland County D.S.S. board.  I think that those
13    also help me understand the dynamics of being able to
14    work with a group.  Also the needs of the communities
15    and what's expected of individuals who are providing
16    service to the state.
17              One of the things I neglected, I think you
18    all have seen a copy of my answers these questions.
19    Some of the things I neglected to mention is I have
20    severed as the chief administrative judge for Richland
21    and Kershaw counties, Fifth Judicial Circuit.  I think
22    that that's very important because it's a large
23    circuit.  It has typically a larger caseload than some
24    of the other judicial circuits, being able to manage
25    both how the cases are filed and how the judges are
0059
 1    assigned to those particular cases.  Very squarely in
 2    order to have the ability to assign the cases and
 3    establish the panels which the chief judge would also
 4    be responsible for doing on the Court of Appeals.
 5              In addition, as I stated, I've served on the
 6    Court of Appeals, so I'm familiar with their process
 7    and the way they operate.
 8              And one of the other things I neglected to
 9    mention is that I've been the president of several of
10    my civic organizations.  Several of those organizations
11    are predominantly women.  So my thought is if you can
12    manage a group of women and you do that well, and you
13    are able to go forward with the very strong
14    personalities of professionals, then I think I would be
15    able to carry the same over to the Court of Appeals as
16    well.
17         Q.   Judge, as just a little bit of a follow up,
18    would you please describe your managerial style,
19    focusing specifically on what you perceive to be three
20    of your major strengths and weaknesses as a manager.
21         A.   I'd like to describe it as participatory
22    management.  It takes many people to be able to make an
23    organization run smoothly.  And the example I think of
24    what's recently occurred last week with Boeing coming
25    to the state.  There were a lot of people that worked
0060
 1    together to make that happen.  Some people worked
 2    behind the scenes, some people were up front in
 3    advocating for that.  And I view myself as being one of
 4    those that can come out front and be able to gather
 5    people together to be able to find out from them what
 6    is needed in order to be successful, to be able to
 7    include them and to make it inclusory and to have them
 8    be able to participate in this court's management.
 9              I think with having said that, one of the
10    strengths would be that I'm able to listen to others.
11    That I have the ability to be able to develop a plan,
12    and to be able to pull out from other individuals the
13    best of them and determine what their qualities are in
14    order to be able to effectively use those qualities in
15    court.
16              Some of the weaknesses, I think, I'm
17    generally a quiet person.  I have a quiet nature.  I
18    think sometimes that that's perceived as being weak or
19    that I'm not very interested in what's going on or that
20    I can be pushed around.  I assure you that that's quite
21    far from what the reality is.
22              Additionally, I think one of the other things
23    is that I am a perfectionist.  I like to have things
24    exactly right, just so.  And I think that I would -- in
25    working with others and having others kind of pull
0061
 1    along and support what I'm trying to do, that would
 2    alleviate some of the perfectionist nature that I tend
 3    to have.
 4              And finally, in conjunction with that
 5    perfectionist nature, I've always tended to want to do
 6    it all myself.  I understand that an effective manager
 7    cannot do it all themselves.  You have to have other
 8    people who are going to support you and to work with
 9    you in moving forward, and so I think that I've got the
10    qualities and I'm able to do that.
11         Q.   Judge Lee, based on your present plans,
12    discuss the length of time you would intend to serve as
13    the chief judge if you were nominated by the commission
14    and elected by the members of the General Assembly, and
15    describe the accomplishments you would hope to achieve
16    over that time span.
17         A.   I think I would most likely serve about ten
18    years, if I were given the opportunity to serve as
19    chief judge.  I've indicated that I've got more than 20
20    years of service with the state, but I'm not -- I think
21    I'm young enough and I'm not ready to just retire when
22    my time comes.  I would like to at least stay in
23    another ten years.  And I think that's a period that's
24    long enough to be able to make a difference.  In the
25    past ten years, there's been a lot of change in the
0062
 1    Court of Appeals.  I think in another ten years, there
 2    could be equally as much change.
 3              There are certain things I think will be
 4    important.  First and foremost would be the interaction
 5    among the members of the court and among the staff of
 6    the court.  I think you need to increase those personal
 7    interactions.  I think that would increase the
 8    effectiveness of the court in being able to conduct its
 9    work.
10              Coming from the outside in, the first thing,
11    of course, that I would like to do is have an
12    evaluation of the court in how it's run and how it's
13    operated to determine it strengths and weaknesses.
14    Because only after you have conducted that audit would
15    you be able to know what needs to be done, where do we
16    improve or what can we do to improve the court and the
17    operation of the court.
18              To the extent that there's any backlog, I
19    think that, you know, that would need to be addressed.
20    I'm not sure that there's really quite a backlog within
21    the court, but certainly that would have to be
22    addressed.
23              And long-term goals would be to elevate the
24    standing of the Court of Appeals.  It has the potential
25    to be one of the premiere courts of the appeals in the
0063
 1    country.  That would be done by increasing professional
 2    development, by asking the members of the court to
 3    participate in other national organizations, and to be
 4    able to utilize some of those resources.
 5         Q.   Judge Lee, you briefly addressed this in your
 6    sworn statement, but could you explain for the
 7    commission your general philosophy regarding judicial
 8    activism?
 9         A.   I don't believe that the Court of Appeals,
10    certainly, there's any role for judicial activism.  I'm
11    not a judicial activist.  I don't believe that I should
12    be.  I recognize very clearly that there are three
13    distinct branches of government.  I think the two
14    younger two branches of government, the legislative and
15    executive branches, are those that set policy through a
16    legislation or through policy within the executive
17    branch.
18              I think the role of the court is simply to
19    interpret those and to make sure that everyone's rights
20    are protected within the realm of the constitutional
21    statutes that are enacted by the legislature.  And
22    having worked for legislature, I'm very keenly aware of
23    the responsibilities that the legislature has as well
24    as the executive branch.  So I don't believe in
25    judicial activism.  I don't think that I am a judicial
0064
 1    activist and certainly would not promote that within
 2    any court that I would be charged with or that I would
 3    sit on.
 4         Q.   And finally, Judge Lee, as you mentioned
 5    briefly during the amendment portion of this process,
 6    you've substituted one letter of recommendation for
 7    another letter of recommendation.  Both of those
 8    letters that you offered were authored by attorneys who
 9    practice law here in Columbia.
10              Do you feel like, even light of those
11    recommendations that those lawyers have offered, would
12    you be able to treat those specific lawyers and,
13    frankly, all lawyers equally if they appear before you
14    in your current capacity or this new capacity that you
15    may find yourself in?
16         A.   The hard part about the recommendation is
17    that you try to look for someone who has got some
18    knowledge about your strengths and weaknesses and who
19    could speak to your abilities to be able to serve in
20    whatever position for which you're running.  And I've
21    tried to do that with the letters that I've submitted.
22              Both of those individuals are people that
23    I've known for quite some time.  I've worked with for
24    quite some time.  One through my church.  One since
25    I've moved to the state and became active in the state
0065
 1    and the practice.
 2              I treat all attorneys the same.  I don't
 3    think that any of my relationships I've developed over
 4    the years with attorneys, whether it's through the
 5    firms I've practiced with or the government lawyers
 6    that I've met or other individuals would prevent me
 7    from being able to carry out my duties and
 8    responsibilities.  And certainly to that end, I would
 9    have to be mindful of my ethical responsibilities.  If
10    I felt that I could not be impartial, that I would need
11    to recuse myself from those cases.  I have not seen
12    that come to fruition at this particular point.  But I
13    am mindful of this ethical responsibilities.
14         Q.   Thank you, Judge Lee.
15              I'm going to run through just a couple of
16    housekeeping issues with you.  Have you sought or
17    received the pledge of any legislature prior to this
18    date?
19         A.   No, I have not.
20         Q.   Have you sought or have you been offered a
21    conditional pledge of support of any legislator pending
22    the outcome of your screening?
23         A.   No.
24         Q.   Have you asked any third parties to contact
25    members of the General Assembly on your behalf?
0066
 1         A.   No, I have not.
 2         Q.   Have you contacted any members of the
 3    commission?
 4         A.   I have stopped by to speak to individuals,
 5    but I did not ask for anything or did not discuss my
 6    candidacy.  I only stopped by to say hello and, of
 7    course, to reiterate that I was, in fact, running for a
 8    position.
 9         Q.   Do you understand that you're prohibited from
10    speaking a pledge or commitment until 48 hours after
11    the formal release of the commission's report?
12         A.   Yes.
13         Q.   Have you reviewed the commission's guidelines
14    on pledging?
15         A.   I have indeed.
16         Q.   As a follow up, are you aware of the
17    penalties for violating the pledging rules, that is, it
18    is a misdemeanor and upon conviction, the violator must
19    not be fined more than one thousand dollars or in
20    prison not more than 90 days?
21         A.   I am familiar with that, and I take it very
22    seriously.
23              MR. DENNIS:  I would note that the Midlands
24    Citizens Committee reported that Judge Lee was well
25    qualified in each of the nine evaluative criteria.
0067
 1    They also stated that, "Judge Lee is truly an asset to
 2    our state's judiciary.  Our committee sincerely
 3    believes that she's most eminently qualified to be
 4    chief judge of the Court of Appeals, and we are
 5    confident she would continue to serve our state in a
 6    most outstanding manner.
 7              I would just note for the record that any
 8    concerns raised during the investigation regarding the
 9    candidate were incorporated into the questioning of the
10    candidate today.
11              Mr. Chairman, I have nothing further.
12              SEN. MCCONNELL:  Thank you.
13              Any member of the commission have a question?
14              If not, Judge, we want to thank you so much
15    for taking your time to come.  This concludes this
16    portion of the screening process.  As you know, the
17    record will remain open until the report is published,
18    and you may be called back at such time if the need
19    arises.  Not to indicate that there's anything pending
20    or anything.
21              I want to again remind you of the 48-Hour
22    Rule and ask you to be mindful of that.  Anyone
23    inquires with you about whether they may or may not
24    advocate for you in the event that you are screened
25    out, please remind them of the 48-Hour Rule.  Ask
0068
 1    you -- again, thank you for offering, and we wish you
 2    the best and thank you for your previous service to the
 3    people of this state.
 4              JUDGE LEE:  Thank you very much for the
 5    opportunity, and I look forward to seeing all of you in
 6    the future.  Thank you.
 7              SEN. MCCONNELL:  Thank you.
 8              (The Honorable Alison Renee Lee exits the
 9    room.)
10              (Off the record.)
11              (The Honorable Daniel F. Pieper enters the
12    room.)
13              SEN. MCCONNELL:  Good morning.  How are you
14    doing?
15              JUDGE PIEPER:  Good morning.  I'm fine.
16    Thank you.
17              SEN. MCCONNELL:  We'll go back on the record
18    at this point.
19              We have before us the Honorable Daniel F.
20    Pieper, who is offering for Court of Appeals, chief
21    judge, seat number 5.  If you would, raise your right
22    hand.
23              Do you swear to tell the truth, the whole
24    truth and nothing but the truth, so help you God?
25              JUDGE PIEPER:  I do.
0069
 1              SEN. MCCONNELL:  The Judicial Merit Selection
 2    Commission has thoroughly investigated your
 3    qualifications for the bench.  Our inquiry has focused
 4    on our nine evaluative criteria.  It has included a
 5    survey of the bench and the bar, a thorough study of
 6    your application materials, verification of your
 7    compliance with state ethics laws, a search of
 8    newspaper articles in which your name appears, a study
 9    of previous screenings and a check of economic
10    conflicts of interest.
11              We have received no affidavits filed in
12    opposition to your election.  No witnesses are present
13    to testify.  So I'd ask you if you have any brief
14    opening statement you want to make, which is purely
15    optional, before I turn you over to counsel for
16    questioning.
17              JUDGE PIEPER:  Not really.  I would like to
18    say one thing and one thing only.  I just want to thank
19    this commission for the last time because you never get
20    an opportunity to thank everyone.  Just the very fact
21    they indicated in its report, the commission's report,
22    that I had raised the bar in the state.  That just made
23    me feel so good.  And I certainly hope it's true.  I
24    want you to know that I certainly strive for that to be
25    true, if it's not true.
0070
 1              Thank you, sir.
 2              SEN. MCCONNELL:  Thank you.
 3              MS. COOMBS:  Mr. Chairman and Members of the
 4    Commission, I have a few procedural matters to take up
 5    with Judge Pieper.
 6              Judge Pieper, you have before you the
 7    personal data questionnaire that you submitted as part
 8    of your application.
 9              Are there any amendments that you would like
10    to make to that at this time to the PDQ?
11              JUDGE PIEPER:  No.
12              MS. COOMBS:  Mr. Chairman, I would like to
13    ask that Judge Pieper's personal data questionnaire be
14    entered as an exhibit into the hearing record.
15              SEN. MCCONNELL:  Without objection, so
16    ordered.
17              (EXHIBIT 14, Personal Data Questionnaire of
18    The Honorable Daniel F. Pieper, admitted.)
19              MS. COOMBS:  Judge Pieper, you have before
20    you now the sworn statement that you provided with
21    detailed answers to over 30 questions regarding
22    judicial conduct, statutory qualifications, office
23    administration and temperament.
24              Are there any amendments that you would like
25    to make at this time to that sworn statement?
0071
 1              JUDGE PIEPER:  No.
 2              MS. COOMBS:  Mr. Chairman, I would like to
 3    ask that Judge Pieper's sworn statement be entered as
 4    the next hearing exhibit.
 5              SEN. MCCONNELL:  All right.  Without
 6    objection, so ordered.
 7              (EXHIBIT 15, Sworn Statement of The Honorable
 8    Daniel F. Pieper, admitted.)
 9              MS. COOMBS:  In one final procedural matter,
10    I would note for the record that based on the testimony
11    contained in the candidate's PDQ, which has been
12    included in the record with the candidate's consent,
13    Judge Pieper meets the statutory requirements for this
14    position regarding age, residence and years of
15    practice.
16    BY MS. COOMBS:
17         Q.   Judge Pieper, I know you became a lawyer 25
18    years ago.
19         A.   Yes.
20         Q.   And that you've been a magistrate, a chief
21    magistrate, a master-in-equity, circuit judge, special
22    circuit judge, resident circuit judge, and now a judge
23    on the Court of Appeals.  Why do you now want to serve
24    as chief judge of the Court of Appeals?
25         A.   Well, having served on all of those various
0072
 1    courts, I think I could lend something to the position.
 2    Whatever happens in this process, I think our court
 3    needs someone that's dynamic, energetic, academic and
 4    technologically oriented.  I think this is going to be
 5    necessary for our increasing case loads and for the
 6    types of cases that we are now getting on the court.
 7              As you know, the Supreme Court is becoming
 8    more of a cert court.  So we're the court of last
 9    resort in most instances.  I think that experience
10    lends itself well to the position.
11         Q.   Judge Pieper, pursuant to Section 14-8-80 of
12    the code and subject to the provisions of Article 5
13    Section 4 of the South Carolina Constitution, the chief
14    judge of the Court of Appeals has additional
15    responsibilities besides serving as an appellant judge.
16              Explain what in your background would assist
17    you in managing the Court of Appeals.
18         A.   Well, in addition to what I just indicated
19    about the experience on those various courts, those
20    cases that come from those courts need to be understood
21    from the ground up.  That's how you decide on new
22    systems to improve the appellate process.
23              I'll give you an example of one thing as
24    administrative judge on the Circuit Court level, is I
25    decided to take over the roster for the PCR cases.
0073
 1    Something that no one had ever actually contemplated
 2    before because the Attorney General's offices had
 3    always handled those cases, and I worked closely with
 4    the Attorney General's Office.  And we found by
 5    employing local management to that docket, we were able
 6    to completely remove the backlog.  And we were hearing
 7    cases that were filed within six months, and we
 8    completely eliminated the docket.
 9              I think we need that type of insight in the
10    court.  We need someone that has the technological
11    background to improve the court's process.  We need to
12    look at e-filing in the future, and we need to study
13    how we can best manage our human resources through the
14    use of technology.
15         Q.   Judge Pieper, would you describe your
16    managerial style focusing on what you perceive to be
17    your three major strengths and weaknesses as a manager
18    and leader.
19         A.   Well, I tend to be a hands-on type of judge,
20    as I indicated in my materials, and sometimes that can
21    be a benefit and a negative point.  But I do like to
22    delegate.  Once I have faith in people, and I
23    understand that we have the same vision about how to
24    approach a particular task and we're both striving for
25    excellence, then I do like to delegate.  And I like to
0074
 1    train people so that they can benefit from the process,
 2    and it's an enjoyable experience for them, also,
 3    because it benefits them, too.
 4              I think that that negative side about
 5    hands-on experience has to be overcome at times because
 6    you need to be able to focus on the broader picture,
 7    and you don't want to get bogged down on a particular
 8    detail if you have good people around you that are
 9    handling a particular task.
10              But I think that the technological side of me
11    will be a tremendous asset to this court should the
12    legislature decide to utilize me in this position.
13    I'll give you a couple of examples of what the
14    administrative side of me has done.  I served as chief
15    magistrate for a while in the local county.  I've
16    managed 16 different offices.  With those 16 offices, I
17    worked very closely with county counsel to restructure
18    the system, to streamline the operations and to cut
19    costs.  I think that was very important.
20              Administratively, also, looked at our
21    resources, human resources that we had as far as the
22    particular magistrates we had, and we found the need to
23    develop a form system and a checklist system that would
24    help especially the nonlawyer magistrates in moving
25    their cases.  And I sat down and I evaluated every
0075
 1    single form used by the magistrate court system and
 2    designed a checklist that would help each judge
 3    complete their duties in a timely and an efficient way.
 4              Another way I use technology is I sat down
 5    with our clerk of court.  I used to walk by in the
 6    clerk's office, I would see one particular clerk of
 7    court personnel was sitting at her desk every day with
 8    a stack this high.  They were just judgments and
 9    notices of the Form 4s that they actually sent out in
10    each case.  Her job all day long was to stuff these
11    envelopes, enter the Form 4s into the computer and
12    prepare the envelopes for mailing out.  I said, "Why
13    can't we computerized that entire process?"
14              So we all sat down and I showed them what
15    they could do.  Now we got to the point where that
16    entry is made in the courtroom automatically before
17    anyone gets to the office below, the computer has
18    already printed it out on one of those little mailers
19    where the printer kind of goes over and swipes it and
20    prints everything on the inside and the address on the
21    outside.  Kind of like a tax bill.  And they saved that
22    one position from having to hire another person in the
23    future.
24              The clerk of court is able to use that one
25    person now for other duties, and that whole task has
0076
 1    been computerized.  So that's eight man hours a day the
 2    clerk saved.
 3              I also used my technology background to
 4    assist the clerk of court with jury selection
 5    procedures.  Through those changes that we made, the
 6    clerk of court, and it was a bet, they dared me to come
 7    up with something, and we saved a hundred thousand
 8    dollars just the first year alone.  And I assume
 9    they've been saving that every year since then.  But
10    those are some of the things you do.  You have to be
11    willing to think outside of the box as a leader, and
12    you have to be willing to try things.
13              I went to a conference with the chief judge,
14    and we learned that one of the greatest things that you
15    come up against in a system is that people are afraid
16    of change.  You have to be willing to experiment to get
17    places.
18         Q.   Based on your present plans, would you please
19    discuss the length of time you intend to serve as the
20    chief judge, if you were elected, nominated by the
21    commission and elected by the General Assembly, and
22    would you also describe the accomplishments you hope to
23    achieve over that time.
24         A.   Well, it would be my goal to serve out the
25    term.  Obviously, I had hoped to accomplish an
0077
 1    evaluation of our processes at the court system to see
 2    what we can do to improve things or modify things.
 3    We've been blessed with a great chief judge presently.
 4    We've been blessed with a great chief staff attorney,
 5    and we have a new clerk of court that's also great.  So
 6    if I become chief judge, I have around me great
 7    resources for evaluating the system.
 8              I would hope to ask every person that works
 9    in the courthouse for any ideas or suggestions that
10    they might have about how we handle cases.  I know PCR
11    docket is one of the big concerns, as you may know.
12    Used to be that the Supreme Court handled all those
13    postconviction relief case.  They've only recently
14    decided the Court of Appeals would handle all of those.
15    And we're pretty much the last resort on those cases
16    because they have indicated in the case that we do not
17    serve on it, they're not going to take up on review.
18    And I know that docket is now huge.  And I would hope
19    to do the same thing that I did with the PCR docket at
20    the Circuit Court level experience -- getting the same
21    kind of experience and results with the docket at the
22    appellate level.
23         Q.   Judge Pieper, I think you've answered the
24    first part of my next question, so I'm only going to
25    ask you the second part of it.
0078
 1              Do you have any plans that would improve or
 2    foster collegiality on the Court of Appeals?
 3         A.   Well, we've just started a lunch system where
 4    each of us coordinates a lunch each month, and we meet.
 5    And that person is responsible for picking the location
 6    and for setting out the details and the other things
 7    that would be discussed at that meeting.  And we found
 8    that that's worked out very well.  And I hope to
 9    continue that.
10              I also hope to do that more with maybe the
11    staff, maybe do it with the attorneys maybe every other
12    month or every quarter, and the clerk of court
13    personnel, also.
14              I would also like -- as you know, I teach at
15    the law school and education is a big thing to me.  I
16    read cases the minute they come out.  And I would like
17    to start more in-house training programs for the court
18    that I think will improve not only our -- the quality
19    of our work, but collegiality amongst us all, also,
20    because we are able to sit down and discuss issues on a
21    regular basis.
22         Q.   Judge Pieper, although you've briefly
23    addressed a question concerning judicial activism in
24    your sworn statement, could you explain your approach
25    to your general judicial philosophy?
0079
 1         A.   I believe that cases should be decided on the
 2    merits without regard to any individual's personal
 3    philosophy.  I do not believe in judicial activism, if
 4    activism, by your definition, means that I should go
 5    beyond the parameters of the law.  I believe the
 6    legislature dictates the policy of the court system
 7    through its legislative enactments, and we should
 8    enforce that law through our interpretations of that
 9    law consistent with the United States and state
10    constitutions.
11         Q.   Thank you, Judge Pieper.
12              And I just have a few final housekeeping
13    questions for you.
14              Have you sought or received the pledge of any
15    legislator prior to this date?
16         A.   No, I have not.
17         Q.   Have you sought or have you been offered a
18    conditional pledge of support of any legislator pending
19    the outcome of your screening?
20         A.   No, I have not.
21         Q.   Have you asked any third parties to contact
22    members of the General Assembly on your behalf?
23         A.   No, I have not.  And just for the record,
24    this time I did it a little differently.  I haven't
25    even mailed out a letter yet.
0080
 1         Q.   Have you contacted any members of the
 2    commission?
 3         A.   No, I have not.  I've seen them on the ramp,
 4    though, and walk by.  I certainly say hello if they
 5    walk by me.
 6         Q.   Do you understand that you're prohibited from
 7    seeking a pledge or a commitment until 48 hours after
 8    the formal release of the commission's report?
 9         A.   Yes, ma'am.
10         Q.   Have you reviewed the commission's guidelines
11    on pledging?
12         A.   Yes, ma'am.
13         Q.   And as a follow-up, are you aware of the
14    penalties for violating the pledging rules?  That is,
15    it is misdemeanor and upon conviction, the violator
16    must not be fined not more than a thousand dollars or
17    imprisoned not more than 90 days?
18         A.   Yes, ma'am.  It would be a terrible way to
19    leave office.
20              MS. COOMBS:  Mr. Chairman, Members of the
21    Commission, I would note that the Lowcountry Citizens
22    Committee rated Judge Pieper as well qualified on all
23    nine evaluative criteria.  And I would also just note
24    for the record that any concerns raised during the
25    investigation regarding Judge Pieper were incorporated
0081
 1    into the questioning of Judge Pieper today.
 2              Mr. Chairman, I have no further questions.
 3              SEN. MCCONNELL:  All right.  Does any member
 4    of the commission have any questions?
 5              If not, Judge Pieper, this concludes this
 6    stage of the screening process.  As you know, the
 7    record will remain open until the report is published,
 8    and you may be called back at such time if the need
 9    arises.  Not to indicate anything is pending, but it is
10    something that the commission has retained.
11              Further, again, let me remind you of the
12    48-Hour Rule and ask you to be mindful of that.  Anyone
13    inquires with you about whether or not they may
14    advocate for you in the event that you are screened
15    out, please remind them of the 48-Hour Rule for us.  We
16    would appreciate it.
17              We want to thank you for offering.  Thank you
18    for your past service to the people of South Carolina,
19    and I hope you have a good day.
20              JUDGE PIEPER:  Thank you.  Thank you all.
21              (The Honorable Daniel F. Pieper exits the
22    room.)
23              SEN. MCCONNELL:  Bring in Judge Short.
24              (Off the record.)
25              (The Honorable Paul E. Short enters the
0082
 1    room.)
 2              SEN. MCCONNELL:  We'll go back on the record
 3    at this point.
 4              We have the Honorable Paul E. Short before
 5    us.  He's offering for the Court of Appeals, chief
 6    judge, seat number 5.
 7              If you would be so kind as to raise your
 8    right hand, please, sir.
 9              Do you swear to tell the truth, the whole
10    truth and nothing but the truth, so help you God?
11              JUDGE SHORT:  I do, sir.
12              SEN. MCCONNELL:  Thank you.
13              The Judicial Merit Selection Commission has
14    thoroughly investigated your qualifications for the
15    bench.  Our inquiry has focused on our nine evaluative
16    criteria.  It has included a survey of the bench and
17    the bar, a thorough study of your application
18    materials, a verification of your compliance with state
19    ethics laws, a search of newspaper articles in which
20    your name appears, a study of previous screenings, and
21    a check for economic conflicts of interest.
22              We have received no affidavits filed in
23    opposition to your election.  No witnesses are present
24    to testify.  I would ask you if you have any brief
25    opening statement you may wish to give, which is purely
0083
 1    optional, before I turn you over to counsel for
 2    questioning.
 3              JUDGE SHORT:  Yes, sir.  I'm pleased to be
 4    here today once again, and I will try to answer all the
 5    questions as fully as possible.
 6              SEN. MCCONNELL:  Thank you.  Please answer
 7    counsel's questions.
 8              MS. WELLS:  Thank you, Mr. Chairman.
 9              Judge Short, you have before you your
10    personal data questionnaire and your amendment that you
11    submitted.  Are there any additional amendments that
12    you want to make at this time to your personal data
13    questionnaire?
14              JUDGE SHORT:  No, ma'am.
15              MS. WELLS:  I would ask, Mr. Chairman, that
16    Judge Short's personal data questionnaire and amendment
17    be entered as an exhibit into the hearing record.
18              SEN. MCCONNELL:  Is there any objection?
19              There being none, so ordered at this time.
20              (EXHIBIT 16, Personal Data Questionnaire of
21    The Honorable Paul E. Short, admitted.)
22              MS. WELLS:  Judge Short, you also have before
23    you the sworn statement you provided with detailed
24    answers to over 30 questions regarding judicial
25    conduct, statutory qualification, office administration
0084
 1    and temperament.  Are there any additional amendments
 2    you would like to make at this time to your sworn
 3    statement?
 4              JUDGE SHORT:  No, ma'am.
 5              MS. WELLS:  Mr. Chairman, I would ask that
 6    Judge Short's sworn statement be entered as an exhibit
 7    into the hearing record.
 8              SEN. MCCONNELL:  Is there any objection?
 9              There being none, so ordered.
10              (EXHIBIT 17, Sworn Statement of The Honorable
11    Paul E. Short, admitted.)
12              MS. WELLS:  As a final procedural matter, I
13    note for the record that based on the testimony
14    contained in Judge Short's personal data questionnaire,
15    which has been included in the record with his consent,
16    Judge Short meets the statutory requirements for this
17    position regarding age, residence and years of
18    practice.
19    BY MS. WELLS:
20         Q.   Judge Short, would you please explain to the
21    members of the commission why you now want to serve as
22    chief judge to the Court of Appeals, please.
23         A.   Yes, ma'am.  Mr. Chairman and Ladies and
24    Gentlemen of the Commission, when Chief Judge Hearn
25    goes to the Supreme Court, I believe December 31st of
0085
 1    this year, two-thirds of the members of the Court of
 2    Appeals will have been serving for less than two and a
 3    half years.
 4              At this time in our history, I believe that
 5    it is very imperative that we have a chief judge who
 6    has experience and institutional knowledge and a good
 7    working relationship with all the staff clerks and
 8    judges of the Court of Appeals.  I believe I can
 9    contribute.  I believe I can contribute to the
10    stability of our court and provide experienced
11    leadership and promote collegiality among all the
12    judges and staff at the court.  That's why I would like
13    to serve as the chief judge.
14         Q.   Thank you.
15              Judge Short pursuant to Section 14-8-80 of
16    our code and Article 5, Section 4 of the constitution,
17    the chief judge of the Court of Appeals has additional
18    responsibilities besides serving as an appellate judge.
19              Specifically, what in your background would
20    assist you in managing the Court of Appeals as chief
21    judge?
22         A.   Yes, ma'am.  I believe that my 18 years'
23    experience on the Circuit Court and the Court of
24    Appeals where I have served for five years would
25    provide me with valuable managerial experience in
0086
 1    administering the managerial duties of the chief judge.
 2              While I've been on the Court of Appeals the
 3    last five years, I've attended many agenda meetings,
 4    which are monthly meetings wherein policy is
 5    formulated, discussed and implemented.  I've also
 6    recently had the opportunity to serve as a mentor to
 7    one of our newly elected associate justices.  And at
 8    that time, I was able to reflect on the duties,
 9    responsibilities and obligations of an appellant court
10    judge on the Court of Appeals.
11              I've also experienced several different
12    variations of appellate case management, which has been
13    employed by our current chief judge, and I believe I
14    have an understanding of the weaknesses and the
15    strengths of each of the systems.  Additionally, when I
16    was on the Circuit Court on many occasions, I was
17    assigned to serve as the chief administrative judge for
18    both civil and criminal purposes, and I had the
19    opportunity or the obligation to handle large case
20    loads.  And I believe I have experience doing that.
21              Additionally, I practiced law for 20 years
22    before going on the Circuit Court, and I was a senior
23    partner in -- managing law partner in a small law firm
24    in Chester where I practiced for 20 years.  And at that
25    time I had the responsibility for the day-to-day
0087
 1    management of the firm and for providing for the needs
 2    of our staff.  So I believe all of that would greatly
 3    assist me in managing the duties of the chief judge.
 4         Q.   Thank you, Judge Short.
 5              Based on your present plans, what would be
 6    the length of time you would intend to serve as the
 7    chief judge if you were nominated by the commission and
 8    elected to this position by the members of the General
 9    Assembly and describe the accomplishments you hope to
10    achieve over that time span.
11         A.   Yes.  I would like to -- if I continue to be
12    blessed with good health, I would like to serve until
13    I'm 72 years of age, the mandatory retirement age in
14    our state.  And during that time, I would like to
15    accomplish the finalization of the installation of the
16    Web-based appellate management system, which is
17    currently in the bidding stage, I understand.
18              I would also like to provide for earlier
19    identification of cases that need to be certified from
20    our court to the South Carolina Supreme Court.  And I
21    would also like to implement an appellate arbitration
22    program in conjunction with the South Carolina Supreme
23    Court.
24              And I would like to improve the efficiency of
25    the personnel and accounting systems within our court
0088
 1    by the implementation of the South Carolina Enterprise
 2    Information System.
 3         Q.   What concrete plans, Judge Short, do you have
 4    to improve the collegiality of the Court of Appeals?
 5         A.   Well, I would continue -- approximately six
 6    months ago, Chief Judge Hearn established a program
 7    wherein each month after our monthly agenda meetings we
 8    all have lunch together.  That program has worked very
 9    nicely.  Of course, we all pay for our own lunch.  And
10    that program has worked very well.  It's a social time
11    that we kind of get to comingle and intermingle with
12    the other members of the court.  And oftentimes on the
13    appellate level, you spend most of your time reading
14    and you're not together except during oral arguments.
15    So I think that's been a good program.
16              Additionally, if elected to be the chief
17    judge, I would like to -- at the end of each agenda
18    meeting, I would like to dismiss all of our staff and
19    clerks and no one be in the room except for the nine
20    judges and at that time take up any concerns that any
21    judge on the Court of Appeals may have.  I think this
22    definitely would invite everyone to participate in the
23    policy making of the court and to feel included.
24              Also, I recently discovered that we have a
25    policy book at the Court of Appeals that's kind of been
0089
 1    neglected over the last several years.  Policies that
 2    we've adopted or the former chief judges have adopted,
 3    and clerk of courts have not all been put in the policy
 4    book, and one of my goals would be to bring that policy
 5    book up to date and distribute a copy to every member
 6    of the Court of Appeals.
 7         Q.   Judge Short, what would you say as a manager
 8    and a leader are three of your major strengths and what
 9    are three of your major weaknesses?
10         A.   I believe I have the ability to work well
11    with all types of different people, including judges,
12    litigants, professional staff, law clerks and everyone
13    else.  I also think I have the ability, or hope I do,
14    to see the big picture and to recognize when to
15    prioritize in order to meet larger goals.
16              I also always strive for flexibility and
17    adaptability, and I believe this is very important in
18    our current economic situation where the court is
19    facing changes because of hiring freezes and cuts in
20    travel and cuts in staff at this time.
21         Q.   And what about your three major weaknesses?
22         A.   I think that sometimes I need to work on my
23    patience because I have a tendency to want everything
24    done immediately.  I also think I need to improve my
25    computer skills.  I was from the old school, and I've
0090
 1    had to adapt to that during my legal career.  And I
 2    also need to be ever mindful that a manager must
 3    recognize when to delegate matters because of time
 4    constraints.
 5         Q.   Judge Short, you briefly addressed the
 6    question concerning judicial activism in your sworn
 7    statement.  Could you explain to the members of the
 8    commission your general philosophy regarding judicial
 9    activism.
10         A.   I do not believe in judicial activism.  I
11    believe that under the constitution of South Carolina,
12    judges are elected by the General Assembly to interpret
13    the law, not to set or promote any type social or
14    public policy.  I've always attempted -- any time I've
15    been involved in a case involving the interpretation of
16    the statute, I've always tried to ascertain the intent
17    of the legislature by going back and studying the
18    legislative history of the bill or the act in order to
19    determine the legislature's intent.
20         Q.   Judge Short, have you sought or received the
21    pledge of any legislator prior to this date?
22         A.   No, ma'am, I have not.
23         Q.   Have you sought or have you been offered a
24    conditional pledge of support of any legislator pending
25    the outcome of your screening?
0091
 1         A.   I have not.
 2         Q.   Have you asked any third parties to contact
 3    members of the General Assembly on your behalf?
 4         A.   No, ma'am.
 5         Q.   Have you contacted any members of the
 6    commission?
 7         A.   No, ma'am.  I advised Mr. Delleney that I was
 8    going to run back when I decided to run when Chief
 9    Judge Hearn retired because he is my representative,
10    and I didn't want him to read that in the paper or
11    something without me first advising him.  But that was
12    our only discussion about it.
13         Q.   Judge Short, during the legislative session
14    last week, you were observed on the house floor in
15    contravention of Section 2-19-70B, which states that,
16    "The privilege of the floor in either house of the
17    General Assembly may not be granted to any candidate or
18    any immediate family member of a candidate unless the
19    family member is serving in the General Assembly during
20    the time the candidate's application is pending before
21    the commission and during the time his nomination by
22    the commission for election to a particular judicial
23    office is pending in the General Assembly."
24              Could you explain to the members of the
25    commission how this occurred.
0092
 1         A.   Yes, ma'am.  I'm sorry if I have violated any
 2    rule.  I did not intend to violate any rule.  I have
 3    not sought either directly or indirectly to obtain the
 4    support or vote of any legislator.
 5              Last Wednesday, I was on the gauntlet with
 6    all the other judicial candidates shaking hands.  After
 7    that I was over, I was in the House lobby.  I was
 8    waiting on Representative Delleney.  He is handling a
 9    legal matter for my son-in-law.  There was supposed to
10    be a decision out on that matter last week.  I wanted
11    to ask him if he had heard about that matter before I
12    returned to Chester, in order that I could advise my
13    son-in-law.
14              I asked the sergeant at arms if I would speak
15    to him -- step in and speak to him.  He said, "Yes."
16    When I did, the house was in recess for something.
17    There was no one presiding.  As soon as I walked in and
18    turned to the right, and before I could go down to the
19    end of the rail, I noticed that Representative Delleney
20    was involved talking to a large group of legislators so
21    I knew I couldn't talk to him.  I just waved and left
22    the floor.  I did not speak to anyone about my
23    candidacy, and I would never violate any rule
24    intentionally.
25         Q.   Thank you.
0093
 1              And you understand you are prohibited from
 2    seeking a pledge of commitment until 48 hours after the
 3    formal release of the commission's report?
 4         A.   Yes, ma'am.
 5         Q.   And are you aware of the penalties for
 6    violating the pledging rules, that it is a misdemeanor
 7    and upon conviction, the violator must be fined not
 8    more than one thousand dollars or imprisoned not more
 9    than 90 days?
10         A.   Yes, ma'am.
11         Q.   I would note for the record that the Piedmont
12    Citizens Committee reported that Judge Short was well
13    qualified for this position, finding the following:  As
14    the constitutional qualifications, he was well
15    qualified as a sitting judge.  As to ethical fitness,
16    well qualified, no ethical problems noted.  For
17    professional academic ability, well qualified.  They
18    noted his continuing education courses up to date,
19    close to having juris master's degree from the
20    University of Nevada.
21              As to his character, well qualified, no
22    character issues were noted.  Reputation good.  As an
23    attorney, he had the highest professional rating that
24    he could receive from his peers on the
25    Martindale-Hubbell rating as an AV.
0094
 1              On physical health, appears to be good.
 2    Mental stability, appears to be mentally stable.
 3    Experience, well qualified.  Currently a senior
 4    South Carolina Court of Appeals judge with five years'
 5    experience and 13 years' experience as a Circuit Court
 6    judge.  And as to judicial temperament, good.  Appears
 7    to be cordial, open-minded, fair and a good listener.
 8              I would just note for the record,
 9    Mr. Chairman, any concerns raised during the
10    investigation regarding Judge Short were incorporated
11    into my questioning of him today.
12              I have no further questions.
13              SEN. MCCONNELL:  Thank you.  Let me see if
14    any member of the commission has a question.
15              Being none, that will conclude this portion
16    of our screening process.
17              As you know, the record will remain open
18    until the report is publish, and you could be called
19    back at such time if the need arises.  That's not to
20    indicate that anything is pending.  It's just our
21    practice.
22              I remind you again of the 48-Hour Rule.  Ask
23    that you be mindful of that.  If anyone inquires with
24    you about whether or not they may advocate for you in
25    the event that you are screened out, please remind them
0095
 1    of the 48-Hour Rule.
 2              With that, we want to thank you for your past
 3    service to the people of South Carolina and for
 4    offering, and you are free to go.  Have a good day.
 5              JUDGE SHORT:  Thank you, Mr. Chairman and
 6    Members of the Commission.
 7              SEN. MCCONNELL:  Good to see you.
 8              (The Honorable Paul E. Short exits the room.)
 9              (Off the record.)
10              SEN. MCCONNELL:  Senator Knotts, you want to
11    stop at this point and deal with this race?
12              SEN. KNOTTS:  Whatever the wish of the
13    commission.
14              SEN. MCCONNELL:  Do you all want to stop
15    right now and deal with this?  Let's do that.
16              Do I have a motion that we go into executive
17    session?
18              SEN. KNOTTS:  So moved.
19              MR. SELLERS:  So moved.
20              SEN. MCCONNELL:  Is there any opposition?
21              If not, let the record show that all of us,
22    including the proxy, voted for it.
23              With that, Sergeant, please seal the chambers
24    for us.
25              (Members go into executive session.)
0096
 1                       *   *   *   *   *
 2              (Members come out of executive session.)
 3              SEN. MCCONNELL:  All right.  We're back in
 4    open session.  And first we'll take up the question of
 5    the position on the Supreme Court.
 6              We have one person, Justice Donald W. Beatty.
 7              Any motions or comments?
 8              SEN. KNOTTS:  Motion nominated and --
 9    qualified and nominated.
10              SEN. MCCONNELL:  Motion by the senator from
11    Lexington to qualify and to nominate.
12              MR. HARRELL:  Second.
13              REP. CLEMMONS:  Second.
14              MS. MCLESTER:  Second.
15              SEN. MCCONNELL:  Seconded.
16              Floor is now open for any discussion.  If
17    not, we'll go into a vote.
18              All in favor, please raise your right hand.
19              Ten counting the proxy, professor votes.
20              The record shows that by unanimous vote he
21    has been qualified and nominated.
22              All right.  The next we move to is the
23    candidates for Court of Appeals, seat number 5, the
24    chief judge position.  In this we have five candidates.
25    And in accordance with the statute, we can only report
0097
 1    out -- we can only nominate three.  So our first
 2    question, I guess, to the body is to go through and to
 3    qualify, see who's qualified.
 4              Are there any motions?
 5              MR. SELLERS:  I move all five be found
 6    qualified.
 7              SEN. KNOTTS:  Second.
 8              SEN. MCCONNELL:  Motion by Mr. Sellers is
 9    that all five be found qualified.
10              Senator from Lexington seconds.
11              Floor is now open for any discussion on the
12    question of qualification.
13              Being none, all in favor, please raise your
14    right hand.
15              Include the proxy of Professor Freeman on
16    that.
17              Let it show that by unanimous vote of the
18    commission, all the candidates have been qualified.
19              Now, we are open and we'll have to vote on
20    the question of reporting out three for nominations.
21    Is there any discussion prior to?
22              If not, what I'm going to do is ask the staff
23    to just call the candidate's name and each of us will
24    vote.  We'll take a tally and see where we are and
25    proceed from there.
0098
 1              Is that satisfactory?
 2              SEN. KNOTTS:  How many votes does it take,
 3    Mr. Chairman, to reach a --
 4              MS. SHULER:  Six.
 5              SEN. KNOTTS:  Six?
 6              SEN. MCCONNELL:  Six votes to nominate.
 7              All right.  With that, I'll ask the staff
 8    to --
 9              MS. SHULER:  Judge John few.
10              Six.
11              Judge Thomas Huff.
12              Are you voting a proxy?
13              SEN. MCCONNELL:  No, not at this time.
14              MS. SHULER:  Five votes.
15              Judge Alison Lee.
16              Three.
17              Judge Daniel Pieper.
18              Eight.
19              Are you voting the proxy?
20              SEN. MCCONNELL:  Yes.
21              MS. SHULER:  Nine.
22              Judge Paul Short.
23              Are you voting proxy?
24              SEN. MCCONNELL:  How many is it?
25              MS. SHULER:  That's five.
0099
 1              SEN. MCCONNELL:  Not at this time.
 2              MS. SHULER:  So Judge Pieper and Judge Few.
 3    Nine for Judge Pieper and six for Judge Few.  Judge
 4    short had five.  Judge Huff had five.  And Judge Lee
 5    had three.
 6              SEN. MCCONNELL:  By vote, Judge Few and
 7    Judge Pieper have been elected -- or been nominated,
 8    excuse me.
 9              All right.  Call the remaining candidates'
10    names out, and you may vote accordingly.
11              MS. SHULER:  With one vote left.
12              SEN. MCCONNELL:  One vote this time.
13              MS. SHULER:  Judge Thomas Huff.
14              Two.
15              Judge Alison Lee.
16              Three.
17              Judge Paul Short.
18              Are you voting your proxy?
19              SEN. MCCONNELL:  Yes.
20              MS. SHULER:  Five.
21              SEN. MCCONNELL:  No one is nominated.  All
22    right.  We'll have to vote again.
23              MS. SHULER:  All right.  Judge Thomas Huff.
24    Third round.
25              Zero.
0100
 1              Judge Alison Lee.
 2              Three.
 3              Judge Paul Short.
 4              Six.
 5              And are you voting the proxy?
 6              SEN. MCCONNELL:  Yes.
 7              MS. SHULER:  Seven.  So the third candidate
 8    is Judge Paul Short.
 9              So the candidates are Judge Few, Judge Pieper
10    and Judge Paul Short.
11              (A recess transpired.)
12              (The Honorable Frank Robert Addy Jr. enters
13    the room.)
14              SEN. MCCONNELL:  All right.  We are
15    reconvening at this time, and we have before us
16    Honorable Frank Robert Addy Jr., who is offering for
17    the Circuit Court, Eighth Circuit, seat number 1.
18              Would you be so kind as to raise your right
19    hand, please, sir.
20              Do you swear to tell the truth, the whole
21    truth and nothing but the truth, so help you God?
22              MR. ADDY:  I do.  Yes, sir.
23              SEN. MCCONNELL:  Thank you, sir.
24              Judicial Merit Selection Commission has
25    thoroughly investigated your qualifications for the
0101
 1    bench.  Our inquiry has focused on our nine evaluative
 2    criteria, and it has included in a survey of the bench
 3    and the bar, a thorough study of your application
 4    materials, a verification of your compliance with state
 5    ethics laws, a search of newspaper articles in which
 6    your name appears, a study of previous screenings, and
 7    a check for economic conflicts of interest.
 8              We have received no affidavits filed in
 9    opposition to your election.  No witnesses are present
10    to testify, so I would ask you if you have any brief
11    opening statement you wish to make, which is purely
12    optional, and if you have anybody you wish to introduce
13    or anything today, you'll do that at this point before
14    I turn you over to counsel for questioning.
15              JUDGE ADDY:  Senator.  Thank you.  This is my
16    wife, Kelly Addy.  She's here showing support for me.
17              SEN. MCCONNELL:  Glad to have you with us
18    today.
19              JUDGE ADDY:  I don't have any opening
20    statement.  You all are on schedule.  I don't want to
21    mess up that in any way, shape or form.  It's a
22    pleasure to see you all again, a pleasure to be here
23    again.
24              SEN. MCCONNELL:  Well, today we dispute
25    whether we're on house or senate time.  With that, I'll
0102
 1    turn you over to counsel who has a few questions for
 2    you.
 3              JUDGE ADDY:  Yes, sir.
 4              MS. GOLDSMITH:  Mr. Chairman and Members of
 5    the Commission, I have a few procedural matters to take
 6    care of with this candidate.
 7              Judge Addy, you have before you the personal
 8    data questionnaire you submitted as part of your
 9    application.  Are there any amendments that you would
10    like to make at this time to your PDQ?
11              JUDGE ADDY:  Yes, ma'am.  Question number 10
12    of the PDQ relating to CLE compliance.  I have attended
13    three additional CLEs since I submitted my application.
14    The bench and bar, the solicitor's conference, and the
15    South Carolina Association of Probate Judge's
16    Conference.
17              Also question 11 of the PDQ relating to
18    lectures and presentations that I have given.  I gave a
19    presentation entitled Motion Sickness that dealt with
20    comparison with South Carolina Rules of Civil Procedure
21    with probate practice and how those rules relate to the
22    probate court.  I gave that lecture on October the 9th
23    of this year.
24              Question 13 of the PDQ, I need to correct the
25    year that I was admitted to the practice of law.  I was
0103
 1    admitted to the South Carolina bar on November 15th,
 2    1993 and not 1995.
 3              That is all the corrections for the PDQ.  I
 4    do have a correction to the sworn statement, as well,
 5    if you wanted that.
 6              MS. GOLDSMITH:  Mr. Chairman, I would like to
 7    ask that Judge Addy's personal data questionnaire and
 8    his amendment be entered as an exhibit into the hearing
 9    record.
10              SEN. MCCONNELL:  Is there any objection?
11              There being none, so ordered.
12              (EXHIBIT 18, Personal Data Questionnaire of
13    The Honorable Frank Robert Addy Jr., admitted.)
14              MS. GOLDSMITH:  Judge Addy, you have before
15    you your sworn statement that provided detailed answers
16    to over 30 questions regarding judicial conduct,
17    statutory qualifications, office administration and
18    temperament.
19              Are there any amendments you would like to
20    make at this time to your sworn statement?
21              JUDGE ADDY:  Yes, ma'am.  Question number 26
22    relating to expenditure.  On October the 22nd, I spent
23    additional $17.12 on a name badge.  That brings my
24    total spent in this race to $296.49.
25              MS. GOLDSMITH:  At this time, Mr. Chairman, I
0104
 1    would like to ask that Judge Addy's sworn statement and
 2    his amendment be entered as an exhibit into the hearing
 3    record.
 4              SEN. MCCONNELL:  Without objection, so
 5    Ordered.
 6              (EXHIBIT 19, Sworn Statement of The Honorable
 7    Frank Robert Addy Jr., admitted.)
 8              MS. GOLDSMITH:  One final procedural matter.
 9    I note for the record that based on the testimony
10    contained in the candidate's PDQ, which has been
11    included in the record with the candidate's consent,
12    Judge Frank R. Addy Jr., meets the statutory
13    requirements for this position regarding age, residence
14    and years of practice.
15    BY MS. GOLDSMITH:
16         Q.   Judge Addy, why do you want to serve as a
17    Circuit Court judge?
18         A.   Thank you.  I appreciate that question.
19              The main reason that I feel like I'm well
20    qualified for this position is the nature of my
21    previous experience.  For the last -- well, for
22    approximately two years recently, I served as acting
23    Circuit Court judge while our resident judge was
24    recovering from cancer.
25              I currently serve as the drug court judge for
0105
 1    the Eighth Circuit Drug Court Program.  That's a
 2    program that I helped established.  It's going very
 3    well.  We're about a year and a few months into the
 4    implementation of this program.  It's going great.
 5    We're having incredible success with that program.
 6              I currently serve as special referee on a
 7    number of cases, civil cases from the common pleas
 8    docket.  Where, again, the Eighth Circuit, we only have
 9    one judge currently at this point in time, and that
10    causes somewhat of a backlog.  And I volunteer my time
11    to hear cases from the common pleas docket that don't
12    require a jury.  So I have been doing that for a number
13    of years.
14              In addition to those positions, I served as a
15    deputy solicitor for four and half years.  I was public
16    defender for two years.  I've been in the private
17    practice of law.  I've even been clerk of court for
18    Greenwood County for about three or four months.  So if
19    there's any job that one can hold in the Circuit Court,
20    I've pretty much already done it.
21              The reason -- one of the main reasons, of
22    course, I'm offering for this job is I truly enjoy the
23    work.  I enjoy the practice of law.  I enjoy being a
24    judge because it's a great opportunity to help people.
25    And that's one of the things that I've been very
0106
 1    pleasantly surprised about in drug court as well as the
 2    last ten years of being a sitting judge is the ability
 3    to help people, the ability to address a problem.  And
 4    I think sometimes -- sometimes if you focus on the fact
 5    that a judge's job is to help people solve problems and
 6    address some need they have, then that judge is going
 7    to be a very successful individual.  I enjoy it.
 8              I enjoy my work.  It's very time consuming.
 9    It's very taxing.  But I do like it.  I feel like if
10    you like a job and you do it well -- if you like a job,
11    you're going to do it much better.
12         Q.   Thank you, Judge Addy.
13              Are there any areas, including subjective
14    areas of law, where you need additional preparation in
15    order to serve as a judge and how would you handle that
16    additional preparation?
17         A.   I don't feel that there's much that I'm not
18    already familiar with for the simple reason that I'm
19    already involved in so many different areas of law.  As
20    a drug court judge, I handle any guilty pleas.  I
21    handle the terminations.  Mercifully, we've only had
22    two.  By acting as special referee periodically
23    throughout the year, I'm familiar with the Rules of
24    Civil Procedure, civil law.  The laws that would be
25    applied by a Circuit Court judge in that situation.
0107
 1              Having served as a Circuit Court judge
 2    previously, I'm familiar with all areas of that court's
 3    jurisdiction.  I don't feel like that's an area that I
 4    need to bring myself up to speed.  If there's any
 5    particular area that I'm deficient in -- there's one
 6    area that I would need more information on it's
 7    probably the backlog docket and trying to figure out a
 8    way to address that.
 9         Q.   Although you address this in your sworn
10    affidavit, could you please explain to the members of
11    the commission what you think is the appropriate
12    demeanor for a judge?
13         A.   Certainly patient, very thoughtful, wise.
14    You have to be an excellent listener, excellent
15    listener.  That's probably one of the most important
16    traits.
17              Additionally, and I don't know if this is
18    mentioned often enough, but a good judge is the kind of
19    judge who is his own worst critic.  Always thinking
20    about what do I need to do?  Is this -- am I absolutely
21    certain this is the correct result?  Is there something
22    else that I need to look at?  Is there some other area
23    that I need to explore?
24              A good judge is one who listens.  A good
25    judge is one who is able to criticism themself.  And
0108
 1    that's important because obviously lawyers are hesitant
 2    to criticize sitting judges, so it's important to have
 3    that sense of humbleness and willingness to be
 4    self-critical and to look internally and try and find
 5    areas where you need to improve yourself.
 6              Certainly a good listener.  Being a good
 7    listener is absolutely key for any judge.  If the
 8    parties come in and they feel like they've had an
 9    opportunity to be heard and they feel like they have
10    been heard, they're going to leave that courtroom with
11    a much more positive impression about what just
12    happened.  Even if you have to rule against them.
13              And I make it a practice in the ten years
14    that I've already served as a judge, we're going to
15    have a full hearing.  The party is going to have an
16    opportunity to have their say.  And if that takes a
17    little bit of extra, so be it.  But nobody is going to
18    leave my courtroom feeling like they have not had the
19    opportunity to be heard.  I feel that's very important.
20         Q.   Thank you.
21              What suggestions would you offer for
22    improving the backlog of cases on the docket and in the
23    court of common pleas or in general sessions?
24         A.   As far as the general sessions docket, if I
25    could address that one first.  I was a deputy solicitor
0109
 1    for four years, and I was in charge of a county in the
 2    Eighth Circuit.  In the time that I served as deputy
 3    solicitor, we took the pending case docket down from 20
 4    pages to 6 pages, which was a pretty substantial
 5    accomplishment.  It didn't happen overnight.  It took
 6    at least a year to get that kind of movement.
 7              The way that was accomplished -- and, again,
 8    a judge doesn't have a great deal of control over the
 9    general sessions dockets.  It's the solicitor that
10    calls those cases.  But if you know your cases and
11    you're familiar with the kind of cases and problems
12    with those cases, if the solicitor can have that kind
13    of information and use it appropriately, you can move a
14    lot of cases.
15              But where you have a big backlog at your
16    inventory -- my father was in retail business, so I
17    kind of use the retail analogy.  You've got to know
18    your inventory to move your inventory, was one of his
19    sayings.  You've got to know what you have.  And if you
20    have a case that's weak, you need to look at doing
21    something with that case.  But the key is for the
22    solicitor to have an appreciation for how strong and
23    healthy that case is.
24              Judge Floyd, who is now on the federal bench,
25    had a great practice that I think would work really,
0110
 1    really well.  Whenever a visiting judge came in to a
 2    new county -- whenever he came in to a new county, he
 3    would make a point of getting with the solicitor, the
 4    public defender, all the court officers, any court
 5    officials, and explain to them basically what he
 6    expected of them.  And one of the things he expected of
 7    them was, "Okay.  If you've got a jury that's coming in
 8    at 9:00, I want to be on the bench at 8:30, and I want
 9    to be busy.  I want the jury to have that sense that we
10    are doing things.  We are getting stuff done."
11              So Judge Floyd's method of just meeting with
12    the people, bringing everybody to the table, talking to
13    them, making sure that they knew what he expected, that
14    was very effective and that helped me move those cases.
15              On the common pleas side, I feel like that my
16    experience in managing my current docket as well as my
17    experience as a deputy solicitor, that's going to
18    easily translate into the common pleas side as well.
19              I feel like the primary thing that a judge
20    who does control the common pleas docket needs to do is
21    exactly the same thing.  Know your inventory.  Know
22    what kind of cases, how complicated are these cases.
23    When you're setting up the docket, you can look at the
24    files, you can make a determination of, all right, is
25    this one that's going to be very, very contested and
0111
 1    last two or three days?  You can you look at the file
 2    and say, is this a fairly short, one-day wreck case?
 3              And you can't just trust the docket either.
 4    You've got to actually get into it and physically look
 5    at the files.  Because the docket is going to reflect,
 6    okay, wreck case, med mal, and it's not going to have
 7    any specifics, any of the real meat of the case.
 8              If you had judges that were making that
 9    effort to get in and really learn about the kind of
10    cases that are pending and the kind of issues that are
11    outstanding on those cases, I think you could move the
12    common pleas docket a lot more efficiently.
13         Q.   Thank you, Judge Addy.
14              Have you sought or received the pledge of any
15    legislator prior to today?
16         A.   No, ma'am.
17         Q.   Have you sought or have you been offered a
18    conditional pledge of support of any legislator pending
19    the outcome of your screening?
20         A.   No, ma'am.
21         Q.   Have you asked any third parties to contact
22    members of the General Assembly on your behalf?
23         A.   No.  I have had some solicited and
24    unsolicited requests, offers to contact members of the
25    General Assembly.  I've explained to anyone who has
0112
 1    contacted me about the prohibition regarding pledging.
 2    I'm quite confident that no rules have been broken in
 3    that regard.
 4         Q.   Have you contacted any members of the
 5    commission?
 6         A.   No, ma'am.
 7         Q.   Do you understand that you are prohibited
 8    from seeking a pledge or commitment until 48 hours
 9    after the formal release of the commission's report?
10         A.   Yes, ma'am, I am.
11         Q.   Have you reviewed the commission's guidelines
12    on pledging?
13         A.   I have.
14         Q.   As a follow-up, are you aware of the
15    penalties for violating the pledging rules, that is, it
16    is a misdemeanor and upon conviction, the violator must
17    not be fined not more than a thousand dollars or
18    imprisoned not more than 90 days?
19         A.   Yes, ma'am, I am.
20              MS. GOLDSMITH:  I would note that the
21    Piedmont Citizens Committee has found Judge Addy well
22    qualified for the nine evaluative categories, which are
23    our constitutional qualifications, ethical fitness,
24    professional and academic ability, character,
25    reputation, experience, judicial temperament, physical
0113
 1    health and mental stability.
 2              The committee also noted that Mr. Addy is
 3    highly regarded for his professional and academic
 4    ability, character and reputation.  The committee
 5    stated they believe that Judge Addy would have an
 6    excellent judicial temperament and found Judge Addy
 7    well qualified for the position he is seeking.
 8              I would note for the record that any concerns
 9    raised during the investigation regarding Judge Addy
10    were incorporated into the questioning of him today.
11              Mr. Chairman, I have no further questions.
12              SEN. MCCONNELL:  All right.  Does any member
13    of the commission have a question?
14              If not, Judge Addy, that concludes this
15    portion of our screening process.  As you know, the
16    record will remain open until the report is published,
17    and you could be called back at such time if a question
18    arises.  It's not to indicate there's anything out
19    there outstanding, but it is the practice of this
20    commission.
21              I remind you of the 48-Hour Rule and ask you
22    to be mindful of that.  If anyone inquires with you
23    about whether they may or may not advocate for you in
24    the event that you're screened out of here, we would
25    ask that you remind them of the 48-Hour Rule.
0114
 1              JUDGE ADDY:  I shall.
 2              SEN. MCCONNELL:  With that, we thank you for
 3    offering and your past service to the people of
 4    South Carolina.  I wish you well.  Have a great day.
 5              JUDGE ADDY:  Thank you, Senator.  Thank you
 6    all.
 7              SEN. MCCONNELL:  Glad to have you with us.
 8              (The Honorable Frank Robert Addy Jr. exits
 9    the room.)
10              SEN. MCCONNELL:  Please bring the next
11    candidate in.  Bryan Able.
12              (Mr. Bryan Able enters the room.)
13              SEN. MCCONNELL:  All right.  We'll go back on
14    the record at this time.
15              And we have before us Bryan Able, who is
16    offering for Circuit Court, Eighth Circuit, seat number
17    1.
18              Mr. Able, before I start, do you have anybody
19    here you wish to introduce to us?
20              THE WITNESS:  I have with me my wife, Toni.
21              MRS. ABLE:  Good morning.
22              SEN. MCCONNELL:  Good morning.  We're glad to
23    have you with us.
24              MRS. ABLE:  Thank you.
25              SEN. MCCONNELL:  If you would be so kind as
0115
 1    to raise your right hand.
 2              Do you swear to tell the truth, the whole
 3    truth and nothing but the truth, so help you God?
 4              MR. ABLE:  So help me God.
 5              SEN. MCCONNELL:  Thank you, sir.
 6              The Judicial Merit Selection Commission has
 7    thoroughly investigated your qualifications for the
 8    bench.  Our inquiry has focused on the nine evaluative
 9    criteria.  It's included a survey of the bench and the
10    bar, a thorough study of your application materials, a
11    verification of your compliance with state ethics laws,
12    a search of newspaper articles in which your name
13    appears, a study of the previous screenings, a check
14    for economic conflicts of interest.
15              We have received no affidavits filed in
16    opposition to your election.  No witnesses are present
17    to testify.
18              So I would ask you if you have any brief
19    opening statement you may wish to make, I will tell you
20    it is purely optional, before I turn you over to
21    counsel that will have some questions for you.
22              MR. ABLE:  No, sir.  I have no opening
23    statement.
24              SEN. MCCONNELL:  All right.  Please answer
25    the counsel's questions.
0116
 1              MR. ABLE:  Yes, sir.
 2              MR. WRIGHT:  Good afternoon, Mr. Able.
 3              MR. ABLE:  Yes, sir.
 4              MR. WRIGHT:  Mr. Chairman and Members of the
 5    Commission, I have a few procedural matters to take
 6    care of.
 7              Mr. Able, you have before you the personal
 8    data questionnaire you submitted as part of your
 9    application.
10              MR. ABLE:  Yes, sir.
11              MR. WRIGHT:  Are there any additional
12    amendments that you would like to make at this time to
13    your PDQ?
14              MR. ABLE:  I know of none, no, sir.
15              MR. WRIGHT:  Mr. Chairman, I would like to
16    ask that Mr. Able's personal data questionnaire be
17    entered as an exhibit into the record.
18              SEN. MCCONNELL:  It will be done so at this
19    time.
20              (EXHIBIT 20, Personal Data Questionnaire of
21    Bryan C. Able, admitted.)
22              MR. WRIGHT:  Mr. Able, you also have before
23    you the sworn statement you provided with detailed
24    answers to over 30 years regarding judicial conduct,
25    statutory qualifications, office administration and
0117
 1    temperament.
 2              Are there any other additional amendments you
 3    would like to make to your sworn statement?
 4              MR. ABLE:  I know of none.
 5              MR. WRIGHT:  At this time, Mr. Chairman, I
 6    would ask that Mr. Able's sworn statement be entered as
 7    an exhibit into the hearing record.
 8              SEN. MCCONNELL:  Is there any objection?
 9              Being none, so ordered.
10              (EXHIBIT 21, Sworn Statement of Bryan C.
11    Able, admitted.)
12              MR. WRIGHT:  One final procedural matter.  I
13    note for the record that based on the testimony
14    contained in the candidate's PDQ, which has been
15    included in the record with the candidate's consent,
16    Mr. Able meets the statutory requirements for this
17    position regarding age, residence and years of
18    practice.
19    BY MR. WRIGHT:
20         Q.   Mr. Able, why do you now want to serve as a
21    Circuit Court judge?
22         A.   I'd like to serve as a Circuit Court judge
23    for really one reason:  I believe I could do a good
24    job.  I have been practicing law now for 22 years.  I
25    believe that I have the background necessary in all
0118
 1    courts, not just the Circuit Court.  I've practiced,
 2    obviously, in the Circuit Court in both the court of
 3    common pleas and the court of general sessions.  I have
 4    extensive background in both.  And also have an
 5    extensive background in family court, probate court, so
 6    I feel I have a well-rounded experience in the 22 years
 7    that I've practiced law to contribute and to be -- to
 8    make a good Circuit Court judge.
 9              I feel it's important in everyone's life that
10    you contribute, that you find something that you
11    believe you can do well.  And I believe I can do this
12    well based upon what I've done so far as a lawyer.  And
13    I look at it as a way to give back, a way to serve my
14    state and my community by serving as a Circuit Court
15    judge.
16         Q.   Mr. Able, are there any areas of the law that
17    you would need to additionally prepare for in order to
18    serve as a judge and how would you handle that
19    additional preparation?
20         A.   I think being a judge would be just like
21    being a lawyer.  Every time a case comes before me, I
22    would prepare for it.  When I get ready to try a case,
23    I prepare for that case.  I think you have to do that
24    as a judge.
25              You never stop learning.  I don't think that
0119
 1    you can -- in the job as an attorney or the job as a
 2    judge, I don't think anybody can ever stop learning.
 3    But do I feel -- if the question is do I feel that I
 4    have the knowledge necessary and the understanding of
 5    the law to be a Circuit Court judge?  I do.
 6              In the past two weeks alone, I've appeared in
 7    general sessions court, argued bond motions.  I've got
 8    a trial in common pleas court this week.  As a matter
 9    of fact, I have two trials in common pleas court this
10    week.  Both of them this week are nonjury.  But I've
11    tried a lot of jury cases.  And I've appeared in family
12    court this morning.  I had two hearings this morning
13    before I rushed down here to appear.
14              So I think there's always the process of
15    learning, always the process of reading to know more
16    about the job.  But I don't think there's anything that
17    I need to do specifically to prepare myself for this
18    job.
19         Q.   Mr. Able, could you explain what you think is
20    the appropriate demeanor for a judge?
21         A.   Well, I think -- I would hope if elected to
22    the bench, I would be able to have the same demeanor
23    that I've always had, not just as an attorney but as an
24    adult.  I try to live by the rule -- a very simple rule
25    in my life.  I try to do everything in a way that would
0120
 1    make my parents proud.  I'm 48 years old.  I turned 48
 2    years old in August, and one of the guiding lights in
 3    my life is always to try to do things in such a way to
 4    ask myself would my parents be proud of me the way that
 5    I handled that situation or the way that I did
 6    something.
 7              So that would be -- that would be the way
 8    that I would try to be a judge.  The way I've always
 9    lived my life from the time I was a Boy Scout, got my
10    Eagle Scout award, through college, through law school,
11    in the past 22 years of practicing law.  I've always
12    tried to listen to everybody.  I've always tried to see
13    both sides.  I've always tried to be humble.
14              I don't -- I think that a judge has to make
15    sure that he doesn't believe that he is any more
16    important than anybody else in a courtroom.  There's a
17    lot of people that have to make that courtroom run.
18    Not just the judge.  You have the clerk of courts, her
19    support staff, bailiffs, the lawyers and the parties.
20    And I believe everybody has to be heard.  Everybody has
21    to be listened to.  And I think that's the most
22    important thing for a judge to do.
23         Q.   If elected, what would you like your legacy
24    to be as judge on the Circuit Court?
25         A.   That he was a fair judge.  That he wasn't
0121
 1    willing to disregard the rules to try and achieve an
 2    outcome that he thought was just.  We have the rules
 3    for certain reasons.
 4              And somebody asked me one time about
 5    knowing -- knowing the Rules of Civil Procedure,
 6    knowing the rules of criminal court, and I told them,
 7    "Basically this is my bible when I'm in court.  These
 8    are the rules that we live by."
 9              And I believe that a judge has to adhere to
10    those rules.  And I would hope that my legacy would be
11    that he was a good judge and that he followed the rules
12    that were supposed to administer that particular court.
13         Q.   What suggestions would you offer for
14    improving the backlog on cases on the docket in Circuit
15    Court?
16         A.   I think the biggest suggestion, you have to
17    have a judge who is willing to start working before
18    10:00 in the morning.  In the past 22 years, I've
19    gotten in my office between 8:00 and 8:30 every
20    morning.  You can't get these dockets down starting
21    work at 9:30 and 10:00 in the morning.  You can't get
22    these dockets down to where they are controllable by
23    stopping work at 12:30 and not coming back till 2:00
24    and 2:30.  And you can't get these dockets under
25    control by stopping work at 4:30.
0122
 1              As I said, in the past 22 years, I get to my
 2    office between 8:00 and 8:30.  Usually closer to 8:00
 3    because my children need to be at school by 8:00.  But
 4    I start working early.  If I take a lunch, I take an
 5    hour for lunch.  Usually I eat lunch at my office.  A
 6    lot of times I bring a lunch from home so I can eat at
 7    the office and work.  And then I work till 5:30 or 6:00
 8    at night.
 9              That's the biggest problem I see with the
10    courts and the backlog that we now have is that court
11    starts at 10:00 or 10:30 in the morning.  You knock off
12    at 12:30, and you come back at 2:00 or 2:30, and then
13    you leave at 4:30 or 5:00.  And there's no way you can
14    get the work down in a day that needs to be done to try
15    to keep these dockets, particularly the criminal
16    dockets, keep the criminal dockets under control.  They
17    just grow.
18              And I know particularly in the Eighth Circuit
19    they grow by leaps and bounds every term of court
20    because they don't dispose of enough cases to keep it
21    just at the minimum.  Just to keep it at the current
22    level.  And you're not going to be able to get these
23    dockets down by working four and five hours a day.  You
24    just can't.
25         Q.   Thank you, Mr. Able.  I have a few
0123
 1    housekeeping issues.
 2              Have you sought or received the pledge of any
 3    legislator prior to this date?
 4         A.   No, sir.
 5         Q.   Have you sought or have you been offered a
 6    conditional pledge of support of any legislator pending
 7    the outcome of your screening?
 8         A.   No, sir.
 9         Q.   Have you asked any third parties to contact
10    members of the General Assembly on your behalf?
11         A.   No, sir.
12         Q.   Have you contacted any members of the
13    commission?
14         A.   No, sir.
15         Q.   Do you understand that you're prohibited from
16    seeking a pledge or a commitment until 48 hours after
17    the formal release of the commission's report?
18         A.   Yes, sir.  I understand that.
19         Q.   Have you reviewed the commission's guidelines
20    on pledging?
21         A.   Yes, sir.
22         Q.   As a follow-up, are you aware of the
23    penalties for violating the pledging rules, that is, it
24    is a misdemeanor and upon conviction, the violator must
25    be fined not more than $1,000 or imprisoned not more
0124
 1    than 90 days?
 2         A.   Yes, sir, I'm aware of that.
 3              MR. WRIGHT:  I would note that the Piedmont
 4    Citizens Committee reported that Mr. Able was well
 5    qualified for each of the nine evaluative criteria:
 6    Constitutional qualifications, ethical fitness,
 7    professional and academic ability, character,
 8    reputation, physical health, mental stability,
 9    experience, and judicial temperament.
10              The citizens committee also noted they were
11    impressed by Mr. Able's work ethic and his extensive
12    experience.  The committee found Mr. Able well
13    qualified for the office he is seeking.  I would just
14    note for the record that any concerns raised during
15    your investigation regarding the candidate were
16    incorporated into the questioning of the candidate
17    today.
18              Mr. Chairman, I have no further questions.
19              SEN. MCCONNELL:  Yes, sir.
20              Does any member of the committee have any
21    questions?
22              SEN. KNOTTS:  Mr. Chairman.
23              SEN. MCCONNELL:  Senator from Lexington.
24              SEN. KNOTTS:  How long have you actually been
25    practicing?
0125
 1              MR. ABLE:  I think I was sworn in
 2    November 23rd, 1987, so it will be 22 years this month.
 3              SEN. KNOTTS:  This work ethic that you talk
 4    about, is it just something recently that you have
 5    observed, or is it just basically been something over
 6    the years that just continued to be the work ethic of
 7    the courts?
 8              MR. ABLE:  Senator, I went to work for a
 9    gentleman by the name of W. Paul Culbertson.  He hired
10    me right out of law school.  Mr. Culbertson loved
11    practicing law.  And Mr. Culbertson expected me to be
12    there at 8:00 in the morning, and he expected me to
13    work until 6:00 or 6:30 at night.  And that's what I
14    started out doing practicing law 22 years ago.
15              Mr. Culbertson and his partners, then Mike
16    Turner and Robert Whitesides, would usually work from
17    9:00 a.m. to 5:00 p.m. on Saturday.  When I started
18    working, being a young lawyer and having a young
19    family, I asked them if they would only mind if I
20    worked 9:00 a.m. to 1 p.m. on Saturday.  So that was my
21    work schedule until, you know, five or six years ago.
22    I don't work a lot of Saturdays anymore.  My boss lets
23    me off now, and he's a pretty good boss.  He lets me
24    stay home.  So, by the way, it's me.  I'm a sole
25    practitioner.
0126
 1              But I've always worked like that.  I
 2    consider -- I don't know any other way to do it.
 3    That's the way I was taught to practice law, and that's
 4    the way I practice law.
 5              SEN. KNOTTS:  I understand that.  But the
 6    question I asked you was your observance of the court
 7    system --
 8              MR. ABLE:  Oh, I'm sorry.
 9              SEN. KNOTTS:  -- with the way the court and
10    the hours of the court, is that something that has just
11    been over the years a known thing, or is it something
12    that just occurred that you see judges starting to get
13    to work -- bad work ethics?
14              MR. ABLE:  It's -- I don't think it's a
15    recent development, but it's not an unusual thing to
16    happen.  Not every judge is like that.  Don't get me
17    wrong.  I don't believe that every judge comes in that
18    late and every judge leaves that early, but it does
19    happen quite often.
20              When, you know, a jury pool is there or you
21    have, you know, lawyers waiting, and judges come in at
22    10:00 -- or 9:30 or 10:00 or something like that.  But
23    it's something that has happened over the years, yes,
24    sir.
25              SEN. KNOTTS:  Thank you.
0127
 1              SEN. MCCONNELL:  Any other?
 2              I appreciate your comments about your work
 3    ethic.
 4              MR. ABLE:  Thank you, sir.
 5              SEN. MCCONNELL:  Thank you for addressing
 6    that, and your perspective of the court.
 7              MR. ABLE:  Thank you.
 8              SEN. MCCONNELL:  If there are no other
 9    questions, this concludes this part of the screening
10    process.  As you know, the record will remain open
11    until the report is published, and so we reserve the
12    right to call back the candidate if we find there's
13    some outstanding matter.  That's not to indicate
14    there's anything outstanding.
15              Let me again remind you of the 48-Hour Rule
16    and ask you to be very mindful of that.  So much so
17    that if anyone inquires with you about whether or not
18    they may advocate for you in the event that you're
19    screened out of this committee, that you remind them
20    about the 48-Hour Rule.
21              MR. ABLE:  Yes, sir.
22              SEN. MCCONNELL:  With that, we thank you for
23    offering and you are free to go.  Thank you, sir.
24              MR. ABLE:  Thank you, sir.  Thank you.
25              SEN. MCCONNELL:  Have a good day.
0128
 1              Glad to have you with us, also.
 2              MRS. ABLE:  Thank you.
 3              (Mr. Able exits the room.)
 4              (Off the record.)
 5              (The Honorable Donald Bruce Hocker enters the
 6    room.)
 7              SEN. MCCONNELL:  All right.  We have before
 8    us the Honorable Donald Bruce Hocker, who is offering
 9    for Circuit Court, Eighth Circuit, seat number 1.
10              If you would be so kind as to raise your
11    right hand.
12              Do you swear to tell the truth, the whole
13    truth and nothing but the truth, so help you God?
14              JUDGE HOCKER:  Yes, sir, I do.
15              SEN. MCCONNELL:  Thank you, sir.
16              The judicial -- before I go any further, and
17    I apologize, if you have somebody here you would like
18    to introduce, we would be happy to stop and take that
19    introduction.
20              JUDGE HOCKER:  Senator, I would like to
21    introduce my wife Gayle.  My wife of 33 years, which
22    I'm very proud of.
23              SEN. MCCONNELL:  We are delighted to have you
24    here with us today.
25              MRS. HOCK:  Thank you.
0129
 1              SEN. MCCONNELL:  Thank you.
 2              The Judicial Merit Selection Committee has
 3    thoroughly investigated your qualifications for the
 4    bench.  Our inquiry has focused on the nine evaluative
 5    criteria.  It's included a survey of the bench and the
 6    bar, a thorough study of your application materials, a
 7    verification of your compliance with state ethics laws,
 8    a search of newspaper articles in which your name
 9    appears, a study of previous screenings, and a check
10    for economic conflicts of interest.
11              We have received no affidavits filed in
12    opposition to your election.  No witnesses are present
13    to testify.
14              So I would ask you if you have any brief
15    opening statement you would like to make.  It's purely
16    optional.  I'll turn you over to counsel who will have
17    some questions for you.
18              JUDGE HOCKER:  I just want to say that it's
19    an honor and a privilege to be a part of this process,
20    and I certainly am very appreciative of the opportunity
21    to be here today and be a part of this race.
22              SEN. MCCONNELL:  Thank you.
23              Counsel.
24              MS. WELLS:  Mr. Chairman and members of the
25    commission, a few procedural matters.
0130
 1              Judge Hocker, you have before you your
 2    personal data questionnaire you submitted as part of
 3    your application.  Were there any additional amendments
 4    you wanted to make at this time?
 5              JUDGE HOCKER:  Ms. Wells, the only addition
 6    would be an increase in $30 of postage and stationery
 7    that I have expended since I filed this application.
 8    That would be the only change.
 9              MS. WELLS:  Thank you.
10              Mr. Chairman, I would like to ask that Judge
11    Hocker's personal data questionnaire be entered as an
12    exhibit into the hearing record at this time.
13              SEN. MCCONNELL:  Any objection?
14              There being none, so ordered.
15              (EXHIBIT 22, Personal Data Questionnaire of
16    The Honorable Donald Bruce Hocker, admitted.)
17              MS. WELLS:  Judge Hocker, you also have
18    before you the sworn statement you provided with
19    detailed answers to over 30 questions regarding
20    judicial conduct, statutory qualifications, office
21    administration and temperament.  Are there any
22    additional amendments you want to make at this time?
23              JUDGE HOCKER:  No, ma'am.
24              MS. WELLS:  Mr. Chairman, I would ask that
25    Judge Hocker's sworn statement be entered as an exhibit
0131
 1    into the hearing record.
 2              SEN. MCCONNELL:  Is there any objection?
 3              There being none, so ordered.
 4              (EXHIBIT 23, Sworn Statement of The Honorable
 5    Donald Bruce Hocker, admitted.)
 6              MS. WELLS:  As a procedural matter, I note
 7    for the record that based on the testimony contained in
 8    Judge Hocker's personal data questionnaire, which has
 9    been included in the record with his consent, he meets
10    the statutory requirements for this position regarding
11    age, residence and years of practice.
12    BY MS. WELLS:
13         Q.   Judge Hocker, after being an attorney since
14    1981 and associate probate judge for the past 25 years,
15    would you please tell the commission why you now want
16    to serve as the Circuit Court judge?
17         A.   Ms. Wells, I truly believe that I've got more
18    than ample legal experience practicing before the
19    Circuit Court both on the civil end and on the criminal
20    side.  I tried numerous cases before the Circuit Court.
21              In addition, as you just alluded to, I have
22    been associate probate judge for almost 26 years.  I've
23    presided over numerous jury as well as nonjury cases.
24    One thing to note, in the probate court, cases are
25    tried exactly as they are tried in Circuit Court.
0132
 1    Either jury or nonjury.
 2              And I've also been privileged, and I accept
 3    it as an honor to be appointed on a regular basis by
 4    our Supreme Court to preside over probate cases across
 5    the state when a probate judge has a conflict or has
 6    some reason to recuse himself or herself.  And I've
 7    been doing that for quite a long time as well.
 8              Also, I take being a judge very seriously.  I
 9    try to be as fair and impartial as I possibly can in
10    each and every case that I hear.  And I would like the
11    opportunity to apply those skills that I have learned
12    over the years as being a practicing attorney and also
13    a judge.  I would like to apply those skills in the
14    Circuit Court arena.  I feel like I can be of some
15    assistance in improving the Circuit Court and the
16    judicial process in the Circuit Court.  And lastly, I
17    truly enjoy being a judge.  I take being a judge very
18    seriously.
19         Q.   Thank you.
20              Are there any areas including subjective
21    areas of the law, Judge Hocker, that you would need to
22    additionally prepare for in order to serve as a Circuit
23    Court judge, and, if so, how would you handle that
24    additional preparation?
25         A.   Ms. Wells, I don't believe there's any
0133
 1    particular area they would be deficient in.  Certainly
 2    a judge as well as a lawyer needs to constantly read
 3    the law, keep up with recent cases, recent statutory
 4    changes.  So that's an ongoing process that any judge
 5    would have to certainly be very cautious of and be
 6    attune to.  But, again, I don't think there's any
 7    particular one area that I would be deficient in that I
 8    would need to upgrade, so to speak.
 9         Q.   Would you explain to the members of the
10    commission what you think is appropriate demeanor of a
11    Circuit Court judge.
12         A.   Well, by all means, a judge, whether it's a
13    Circuit Court judge or otherwise, must always be
14    courteous and respectful to the attorneys as well as
15    the litigants.  And also a circuit judge must always be
16    fair and come across as being fair to the litigants and
17    to the attorneys.  There's nothing worse than a judge
18    being disrespectful to a lawyer or a litigant in open
19    court.  And so I think it's of utmost importance to a
20    circuit judge to have that right kind of judicial
21    temperament and demeanor in the courtroom at all times.
22    And even outside the courtroom as well.
23         Q.   Judge Hocker, what suggestions would you
24    offer to the commission for improving the backlog of
25    cases on the docket in Circuit Court, both for the
0134
 1    common pleas and the general sessions?
 2         A.   Well, in general sessions, I think a circuit
 3    judge needs to be more involved in the docket and the
 4    scheduling of cases.  I'm not an advocate of the
 5    Circuit Court taking over the criminal docket.  I think
 6    that needs to remain with the solicitor.  But I think
 7    the circuit judges need to be more involved with the
 8    solicitor in the scheduling of cases.
 9              And on the civil side, I think the Circuit
10    Court needs to be more involved with the local bar in
11    each circuit in the disposal and handling of the
12    various cases.
13              And, too, I think the circuit judge needs to
14    be on time when court starts.  And I think the circuit
15    judge needs to put in a full day's work.  And I think
16    that would, to some extent, help with the backlog of
17    cases.
18         Q.   A few housekeeping issues.  Have you sought
19    or received the pledge of any legislator prior to this
20    date?
21         A.   No, ma'am.
22         Q.   Have you sought or been offered a conditional
23    pledge of support of any legislator pending the outcome
24    of your screening?
25         A.   No, ma'am.
0135
 1         Q.   Have you asked any third parties to contact
 2    members of the General Assembly on your behalf?
 3         A.   No, ma'am.
 4         Q.   Have you contacted any members of this
 5    commission?
 6         A.   No, ma'am.
 7         Q.   Do you understand you're prohibited from
 8    seeking a pledge of commitment until 48 hours after the
 9    formal release of the commission's report?
10         A.   I understand that.
11         Q.   Have you reviewed the commission's guidelines
12    on pledging?
13         A.   I have.
14         Q.   And as a follow up, are you aware of the
15    penalties for violating the pledging rules, that is, it
16    is a misdemeanor and upon conviction, the violator must
17    be fined not more than $1,000 or imprisoned not more
18    than 90 days?
19         A.   I'm aware of that.
20              MS. WELLS:  Members of the Commission,
21    Mr. Chairman, I would note that the Piedmont Citizen's
22    Committee found Judge Hocker is qualified in the
23    following categories: constitutional qualifications,
24    ethical fitness, professional and academic ability,
25    character, reputation, experience, and judicial
0136
 1    temperament.  He was found well qualified for the
 2    following categories: physical health and mental
 3    stability.
 4              The committee stated, "We find Mr. Hocker
 5    qualified for the office he is seeking.  The decision
 6    of the committee was unanimous."
 7              I would also note for the record that any
 8    concerns that were raised during the investigation
 9    regarding the candidate were incorporated into the
10    questioning of Judge Hocker today.  And I have no
11    further questions.
12              SEN. MCCONNELL:  All right.  Let's see if any
13    member of the commission has any questions?
14              Thank you.  I want to thank you for
15    addressing demeanor in the courtroom.
16              JUDGE HOCKER:  Thank you, sir.
17              SEN. MCCONNELL:  Thank you, sir.
18              All right.  With that, that concludes this
19    portion of our screening process.  As you know, the
20    record will remain open until the report is published.
21    And you may be called back at such time as the need
22    arises.  That's not to indicate there is anything
23    open-ended, but we do keep the record open until the
24    final minute.
25              I want to remind you of the 48-Hour Rule and
0137
 1    ask you to be so mindful of it that if anyone inquires
 2    with you about whether or not they may advocate in the
 3    event that we were to screen you out, that you remind
 4    them of the 48-Hour Rule.
 5              With that, we thank you for offering.  And we
 6    are delighted to have both of you here today.  And you
 7    all have a nice day.
 8              JUDGE HOCKER:  Thank you.
 9              SEN. MCCONNELL:  Thank you.
10              That concludes our morning.  We will stand in
11    recess until 1:30.
12              (The hearing recessed at 12:57 p.m.)
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0138
 1                    CERTIFICATE OF REPORTER
 2                   I, Sheri L. Byers, Registered
      Professional Reporter and Notary Public for the
 3    State of South Carolina at Large, do hereby
      certify:
 4                   That the foregoing proceedings was
      taken before me on the date and at the time
 5    mentioned on page 1 and the proceedings were
      recorded stenographically by me and were thereafter
 6    transcribed under my direction; that the foregoing
      transcript as typed is a true, accurate and
 7    complete record of the proceedings to the best of
      my ability.
 8                   I further certify that I am neither
      related to nor counsel for any party to the cause
 9    pending or interested in the events thereof.
                     Witness my hand, I have hereunto
10    affixed my official seal this 11th day of November,
      2009, at Columbia, Richland County, South Carolina.
11   
12   
                         ______________________________
13                       Sheri L. Byers,
                         Registered Professional Reporter,
14                       Notary Public
                         State of South Carolina at Large
15                       My Commission expires:
                         January 5, 2014
16   
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0139
 1                           I N D E X
 2    CANDIDATE                                Page
 3    THE HONORABLE DONALD W. BEATTY            10
 4    THE HONORABLE JOHN CANNON FEW             17
 5    THE HONORABLE THOMAS E. HUFF              32
 6    THE HONORABLE ALISON RENEE LEE            51
 7    THE HONORABLE DANIEL F. PIEPER            68
 8    THE HONORABLE PAUL E. SHORT               81
 9    THE HONORABLE FRANK ROBERT ADDY JR.      100
10    MR. BRYAN ABLE                           114
11    THE HONORABLE DONALD BRUCE HOCKER        128
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0140
 1                        E X H I B I T S
 2                                             Page
 3    1      Citizens Committee Report for        5
             Supreme Court
 4   
      2      Citizens Committee Report for        6
 5           At-Large Court
 6    3      Citizens Committee Report for        6
             Circuit Court
 7   
      4      Citizens Committee Report for        6
 8           Master in Equity
 9    5      Citizens Committee Report for        6
             Court of Appeals
10   
      6      Personal Data Questionnaire of      12
11           The Honorable Donald W. Beatty
12    7      Sworn Statement of The Honorable    13
             Donald W. Beatty
13   
      8      Personal Data Questionnaire of      19
14           The Honorable John Cannon Few
15    9      Sworn Statement of                  19
             The Honorable John Cannon Few
16   
      10     Personal Data Questionnaire of      34
17           The Honorable Thomas E. Huff
18    11     Sworn Statement of The Honorable    35
             Thomas E. Huff
19   
      12     Personal Data Questionnaire of      54
20           The Honorable Alison Renee Lee
21    13     Sworn Statement of The Honorable    54
             Alison Renee Lee
22   
      14     Personal Data Questionnaire of      70
23           The Honorable Daniel F. Pieper
24    15     Sworn Statement of The Honorable    71
             Daniel F. Pieper
25   
0141
 1    EXHIBITS CONTINUED                      Page
 2    16     Personal Data Questionnaire of     83
             The Honorable Paul E. Short
 3   
      17     Sworn Statement of                 84
 4           The Honorable Paul E. Short
 5    18     Personal Data Questionnaire of    103
             The Honorable Frank Robert Addy Jr.
 6   
      19     Sworn Statement of The Honorable  104
 7           Frank Robert Addy Jr.
 8    20     Personal Data Questionnaire of    116
             Bryan Able
 9   
      21     Sworn Statement of Bryan Able     117
10   
      22     Personal Data Questionnaire of    130
11           The Honorable Donald Bruce Hocker
12    23     Sworn Statement of The Honorable  131
             Donald Bruce Hocker
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