1995 Permanent Senate Journal Printed Pages 3030-3039 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 3020, May 23 | Printed Page 3040, May 23

Printed Page 3030 . . . . . Tuesday, May 23, 1995

(5)Diligence and Industry:
Ms. Jefferson was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
(6) Mental and Physical Capabilities:
Ms. Jefferson appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Jefferson has managed her financial affairs responsibly.
(8) Public Service:
Ms. Jefferson has been active in professional and community activities.
(9) Ethics:
Ms. Jefferson reported on her application material that her campaign expenditures have totaled $66.00.
Ms. Jefferson testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Jefferson meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Jefferson qualified and said:
The majority of those interviewed felt that she is intelligent, a hard worker, and prepared in court.
It is believed that she will have a good judicial temperament. She is bright, courteous, and friendly.
Ms. Jefferson is perceived to have excellent character and integrity.
Many of those interviewed expressed concern that she is young (age 31) with brief experience (admitted to practice in November, 1989). However, it was not felt that those factors outweighed the other factors which would make her qualified to be a Family Court judge.

Printed Page 3031 . . . . . Tuesday, May 23, 1995

The Honorable R. Kinard Johnson, Jr.
Candidate for Re-election to the Family Court
of the 13th Judicial Circuit
Joint Committee's Finding: Qualified

Judge Johnson was screened on May 4, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Johnson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Johnson to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Johnson has been appealed in 20 reported appellate decisions. He was reversed, in whole or in part, in 7 of those matters.
Judge Johnson was sued by an inmate of the S.C. Department of Corrections in 1994. The case was dismissed shortly thereafter.
Judge Johnson regularly instructs classes for volunteer guardians ad litem in Greenville County. He has also spoken to state-wide guardian ad Litem conferences and has moderated judicial education programs as Vice President and President of the S.C. Conference of Family Court Judges.
Judge Johnson's last Martindale-Hubbell rating (1992) was BV.
(3) Professional Experience:
Judge Johnson was admitted to the Bar in 1969.
Judge Johnson practiced with Rex Carter from 1969 until his election to the Family Court bench in 1982.
(4) Judicial Temperament:
The Joint Committee believes that Judge Johnson's temperament would be excellent.
(5) Diligence and Industry:
Judge Johnson was punctual and attentive in his dealings with the Joint Committee and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Johnson is married with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Johnson appears to be mentally and physically capable of performing the duties of the office he seeks.

Printed Page 3032 . . . . . Tuesday, May 23, 1995

(7)Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Johnson has managed his financial affairs responsibly.
(8) Public Service:
Judge Johnson has been a member of the Family Court bench since 1982.
(9) Ethics:
Judge Johnson testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Johnson meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Johnson qualified and said:
He is perceived to be a hard worker who is efficient and time conscious. He is thorough in his fact investigation in all cases prior to ruling.
His knowledge of the law, judicial temperament, and demeanor are unquestioned.
Judge Johnson is widely perceived as being courteous to lawyers and litigants.
His character and integrity are above reproach.

R. Keith Kelly, Esquire
Candidate for the Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified

Mr. Kelly was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Kelly demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Mr. Kelly is on the Board of Directors of the Senior Centers of Spartanburg, Inc.

Printed Page 3033 . . . . . Tuesday, May 23, 1995

(2)Legal Knowledge and Ability:
The Joint Committee found Mr. Kelly to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Kelly is not rated in Martindale-Hubbell.
Mr. Kelly has never been sued, but has been named in pleadings as an attorney who may have an interest in real property being foreclosed upon by a lending institution. Mr. Kelly explained that this is because family court orders often include an award of attorney fees and a careful title search will result in the attorney being named in foreclosure proceedings.
(3) Professional Experience:
Mr. Kelly taught a family law course for non-lawyers.
Mr. Kelly has practiced with Jim S. Brooks since his admission to practice in 1988. He described his practice as 40% domestic, 40% criminal defense, 10% real estate, and 10% other.
Mr. Kelly provided the Joint Committee with 5 significant litigated matters and described them as follows:
(a) Boswell v. Seay: This case was significant because it involved child custody where a natural parent sued the grandparents to gain custody. An appeal is currently pending.
(b) Johnson v. Johnson: This was a family court matter in which Mr. Kelly raised on objection to the modification of a previous final order of the court.
(c) State v. Jessie Keith Brown: Mr. Kelly volunteered to assist the Public Defender in this death penalty case. The defendant was acquitted.
(d) State v. Tammy Calvert: This was a felony DUI case in which the defendant was convicted after a jury trial. The case was significant because Mr. Kelly performed an out-of-court experiment regarding drugs and alcohol which was admitted into evidence.
(e) State v. Jeff Wofford: This case was significant because the defendant was not sentenced under the Youthful Offender Act and the sentence of the court was overturned.
Mr. Kelly has handled 1 domestic appeal, the Boswell v. Seay matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Kelly's temperament would be excellent.

Printed Page 3034 . . . . . Tuesday, May 23, 1995

(5)Diligence and Industry:
Mr. Kelly was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Kelly is married with 3 children, ages 8, 6, and 5.
(6) Mental and Physical Capabilities:
Mr. Kelly appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Kelly has managed his financial affairs responsibly.
(8) Public Service:
Mr. Kelly ran unsuccessfully for the state Senate in 1991.
Mr. Kelly was on active duty in the U.S. Army from 1981 to 1984 and was a member of the U.S. Army Reserves from 1981 to 1995.
Mr. Kelly is active in professional and community activities.
(9) Ethics:
Mr. Kelly testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Mr. Kelly meets the constitutional and statutory requirements for the office he seeks.
The Bar found Mr. Kelly qualified and said:
His practice is primarily in domestic relations law and criminal law.
He is very personable and a hard worker. He has a good disposition. He is well-liked among his colleagues at the Bar.
Mr. Kelly enjoys an excellent reputation for integrity, honesty, and fair dealing.
Even though there was some question about his experience, there was no doubt that he had sufficient experience in the Family Court to be competent in family law.

Printed Page 3035 . . . . . Tuesday, May 23, 1995

Lisa A. Kinon, Esquire
Candidate for the Family Court of the 15th Judicial Circuit
Joint Committee's Finding: Qualified

Ms. Kinon was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Ms. Kinon demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Kinon to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Kinon has given the following lectures:
(a) S.C. Bar Domestic Practice -- "Hot Tips from the Experts" (1992, 1993, and 1994);
(b) S.C. Bar "Cameras in the Courtroom" (1993);
(c) Horry County Bar "Effective Motions Practice in Family Court" (1992);
(d) "The New Family Court Rules" (1989); and
(e) "Hearsay in Child Abuse Cases" (1987).
Ms. Kinon is not rated in Martindale-Hubbell.
Ms. Kinon has received the following awards:
(a) University of South Carolina School of Law Compleat Lawyer Award, 1994;
(b) South Carolina Bar Pro Bono Service Award, 1992; and
(c) South Carolina Business and Professional Women Young Careerist, 1987.
(3) Professional Experience:
Ms. Kinon was admitted to the Bar in 1985.

Ms. Kinon described her legal experience as follows:
(a) 1985 to 1986 Rosen, Rosen & Scoville -- General practice with emphasis on real estate title work, domestic matters, and private contract work with the Georgetown County Public Defender's Office.
(b) 1986 to 1987 Family court practice and private contract work with the Georgetown County Public Defender's Office.
(c) 1987 to 1988 Hearn & Corbett -- 95% of practice in family court.

Printed Page 3036 . . . . . Tuesday, May 23, 1995

(d) 1988 to 1989 Van Osdell, Lester, Stewart, Hearn, McCutchen, Brittain & Martin -- 95% of practice in family court.
(e) 1989 to Present Hearn, Brittain & Martin -- 95% of practice in family court.
Ms. Kinon estimated that over the past 5 years she has appeared in family court an average of once per week.
Ms. Kinon estimated that 95% of her practice over the past 5 years has been domestic with the remaining 5% equally divided between civil and criminal. Ms. Kinon stated that she is "[m]ostly concerned with researching matters in those areas for other attorneys in [her] firm."
Ms. Kinon provided the Joint Committee with 5 of her most significant litigated matters which she described as follows:
(a) John Roe and Jane Roe v. Baby Girl Doe, et al.: Represented adoptive parents in a contested adoption action brought by the biological father.
(b) Robert Woodland and Barbara Woodland v. Amy Griffin, et al.: Represented maternal grandparents in custody action against biological parents.
(c) Alva B. Nielsen v. James P. Nielsen: Represented wife in the dissolution of a marriage of 35 years with issues involving alimony and equitable division of a policeman's pension.
(d) Selena G. Smith v. Redding C. Smith: Represented father in contested custody case involving physical abuse by the mother.
(e) D.S.S. v. James Douglas Johnson: Defended father in action brought by DSS for alleged sexual abuse.
Ms. Kinon has never handled a domestic appeal.

Ms. Kinon is a certified family court mediator.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Kinon's temperament would be excellent.
(5) Diligence and Industry:
Ms. Kinon's was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Ms. Kinon is married with twin 2 1/2 year old boys.
(6) Mental and Physical Capabilities:
Ms. Kinon appears to be mentally and physically capable of performing the duties of the office she seeks.

Printed Page 3037 . . . . . Tuesday, May 23, 1995

(7)Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Kinon has managed her financial affairs responsibly.
(8) Public Service:
Ms. Kinon is active in professional and community activities. She is currently serving on the:
(a) Board of Advisors for the South Carolina Council for Mediation and Alternative Dispute Resolution;
(b) Joint Commission on Alternative Dispute Resolution for the South Carolina Supreme Court;
(c) Board of Commissioners on Grievances and Discipline;
(d) Horry County Bar Family Court Executive Committee; and
(e) Horry County Bar Family Court Advisory Committee.
Ms. Kinon has in recent years been a member of the South Carolina Bar:
(a) Board of Governors (1990-1993);
(b) Nominating Committee (1989-1990); and
(c) House of Delegates (1988-1990).
(9) Ethics:
Ms. Kinon reported on her application materials that she has spent $52.48 on her campaign.
Ms. Kinon testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Ms. Kinon meets the constitutional and statutory requirements for the office she seeks.
The Bar found Ms. Kinon qualified and said:
She has been a practicing attorney in South Carolina since her admission to practice in 1985. During this time she engaged in a general practice before engaging primarily in the practice of domestic law.
Ms. Kinon enjoys an excellent reputation for integrity, honesty, ability, and reliability. Her reputation for concern and diligence in the representation of her clients is notable.
Those people interviewed are of the opinion that she will be fair, courteous, diligent, and capable.

Printed Page 3038 . . . . . Tuesday, May 23, 1995

She has strong ties to the community and enjoys the confidence of Bar members.

The Honorable John W. Kittredge
Candidate for Re-election to the Family Court
of the 13th Judicial Circuit
Joint Committee's Finding: Qualified

Judge Kittredge was screened on May 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Judge Kittredge demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Kittredge to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Judge Kittredge has been appealed in 2 reported appellate decisions and was reversed, in whole or in part, in 1 of those matters.
Judge Kittredge has been a frequent speaker at CLE, JCLE, and family law programs.
Judge Kittredge graduated summa cum laude from U.S.C. with a degree in criminal justice. He is a member of Phi Beta Kappa.
During law school Judge Kittredge was a member of the Order of the Coif and Wig and Robe.
Judge Kittredge serves as administrative judge and has formed an ad hoc committee of family law practitioners who meet with him monthly to facilitate communication between the bench and bar.
(3) Professional Experience:
Judge Kittredge was admitted to the Bar in 1982.
Judge Kittredge worked for the Greenville Police Department during his undergraduate years.
(4) Judicial Temperament:
The Joint Committee believes that Judge Kittredge's temperament would be excellent.
(5) Diligence and Industry:
Judge Kittredge was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Kittredge is married with 3 children, ages 11, 7, and 7.

Printed Page 3039 . . . . . Tuesday, May 23, 1995

(6)Mental and Physical Capabilities:
Judge Kittredge appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Kittredge has managed his financial affairs responsibly.
(8) Public Service:
Judge Kittredge has been a family court judge since 1991.
(9) Ethics:
Judge Kittredge testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
(10) Miscellaneous:
Judge Kittredge meets the constitutional and statutory requirements for the office he seeks.
The Bar found Judge Kittredge qualified and said:
He enjoys an excellent reputation for judicial temperament, honesty and work ethic.
During his tenure as a Family Court judge, lawyers appearing before him have reported favorably on his impartiality and diligent handling of the court docket.
Judge Kittredge has a superb grasp of the legal issues and possesses a wealth of experience both on and off the bench that qualifies him to handle family court matters.
He is regarded by those interviewed as being courteous and industrious in the performance of his duties.

Jack W. Lawrence, Esquire
Candidate for the Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified

Mr. Lawrence was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Lawrence demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.

Printed Page 3020, May 23 | Printed Page 3040, May 23

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