South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate


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Friday, May 5, 2000
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator RYBERG.

REPORT RECEIVED
Judicial Merit Selection Commission
Report of Candidate Qualifications

Date Draft Report Issued:   Tuesday, May 2, 2000
Date and Time

Final Report Issued:     10:00 a.m., Thursday, May 4, 2000

Judicial candidates are not free to seek
or accept commitments until
10:00 a.m. on Thursday, May 4, 2000

Introduction

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission is operating under the law which went into effect July 1, 1997, and which has dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. Furthermore, the Commission is required to submit no more than three names for any particular judicial race; therefore, for these seats the Commission was required to pare the number of candidates presented for consideration by the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.

The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started previously. The Commission has asked Circuit Court candidates their views on issues peculiar to service on that particular court. These questions were posed


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in an effort to provide the members of the General Assembly more information about candidates and their thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.

In assessing each candidate's performance on the practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

The Commission has also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. The Commission was concerned that since the decisions of our judiciary play such an important role in people's personal and professional lives, all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in their racial and gender backgrounds) were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.

The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation;


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physical health; mental health; and judicial temperament. The Commission's investigation includes the following:
(1)   survey of the bench and bar;
(2)   SLED and FBI investigation;
(3)   credit investigation;
(4)   grievance investigation;
(5)   study of application materials;
(6)   verification of ethics compliance;
(7)   search of newspaper articles;
(8)   conflict of interest investigation;
(9)   court schedule study;
(10)   study of appellate record;
(11)   court observation; and
(12)   investigation of complaints.

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.

The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.

This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we


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believe it will help you make a more informed decision. If you would like to review portions of the screening transcript or other public information about a candidate before it is printed in the Journal, please contact Mike Couick at 212-6610.

This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Circuit Court for the Fifth Judicial Circuit, Seat 3, and Circuit Court, At-large Seat 3.

Ralph King "Tripp" Anderson, III
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Anderson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Anderson was born on October 13, 1959. He is 40 years old and a resident of Columbia, South Carolina. Judge Anderson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Anderson.
Judge Anderson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Anderson reported that he has not made any campaign expenditures in seeking this office.
Judge Anderson testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Anderson testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.


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(3)   Professional and Academic Ability:
The Commission found Judge Anderson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Anderson described his past continuing legal or judicial education during the past five years as follows:
"During my service as a S.C. Assistant Attorney General, I focused my continuing legal education on trial advocacy, criminal law and administrative law. Since being elected an Administrative Law Judge, I have focused on administrative law, procedure and evidence."
Judge Anderson reported that he has taught the following law-related courses:
"(a)   S.C. CLE - "Hiring and Firing" (Lectured on employment law);
(b)   S.C. CLE - "Ethics Act" (Lectured on the Ethics Act);
(c)   Supreme Court Staff - (Lectured on the Ethics Act);
(d)   Bridge the Gap - Administrative Law."

Judge Anderson reported that he has published the following:
"(a)   "A Survey on Attributes Considered Important for Presidential Candidates," Carolina Undergraduate Sociology Symposium, April 17, 1980;
(b)   "An Overview of Practice and Procedure Before the Administrative Law Judge Division,"South Carolina Trial Lawyer , Summer 1996."

(4)   Character:
The Commission's investigation of Judge Anderson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Anderson did not indicate any evidence of a troubled financial status. Judge Anderson has handled his financial affairs responsibly.
The Commission also noted that Judge Anderson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Judge Anderson reported that his last available Martindale-Hubbell rating was "BV."
Judge Anderson reported that he was appointed Assistant Attorney General in 1985, and that he served in that capacity until January 1995.


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(6)   Physical Health:
Judge Anderson appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental Stability:
Judge Anderson appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Judge Anderson was admitted to the South Carolina Bar in 1984.
Judge Anderson described his legal experience as follows:
"My initial responsibilities at the Attorney General's office were the extradition functions in the Criminal Division. Afterwards, I was transferred to the Criminal Prosecution Section, where I prosecuted criminal cases, as well as maintained my extradition duties. While in the Prosecution Section, I was also assigned the position as Counsel to the State Ethics Commission.
With the passage of the Statewide Grand Jury Act, I occupied two offices. One was located in the Prosecution Section while the other was in the Grand Jury Section. Once the Grand Jury was firmly established, I returned to the Government and Civil Litigation Division/Prosecution Section. There I resumed all of my original duties with the addition of the following:
(a)   Committee Attorney for the State Employee Grievance Committee;
(b)   Prosecutor for the Engineering and Land Surveyor's Board; and Medical Board Prosecutions, Attorney General Opinions and Criminal Appeals."
Judge Anderson reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Infrequently
(b)   State:     20 or more times a year"
Judge Anderson reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     75%
(b)   Criminal:   25%
(c)   Domestic:   none"
Judge Anderson reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     25%


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(b)   Non-jury:   75%"
Judge Anderson provided that he most often served as sole counsel.
The following is Judge Anderson's account of his five most significant litigated matters:
"(a)   State v. Dwight L. Bennett - This was a felony DUI case in which the victim lost the baby she was carrying and suffered horrible injuries. Although the defendant was convicted, this case was used as a legislative example as the need to increase the maximum felony DUI punishment.
(b)   Georgia v. Richard Daniel Starrett, a'ffd. Richard Daniel Starrett v. William C. Wallace, - Starrett was convicted of several crimes in South Carolina. Afterwards, Georgia sought his extradition in an attempt to convict him under the death penalty. Starrett's challenge to the Attorney General's Office authority to hold extradition hearings was denied.
(c)   State v. Michael Goings - Goings was a notorious City of Cayce police officer charged with assault and battery of a high and aggravated nature.
(d)   State v. Herbert Pearson and Terrance Singleton - The Defendants in this case were accomplices in the armed robbery, attempted murder and murder of attendants at a gas station in Sumter, S.C.
(e)   State v. William Keith Victor - After the Defendant was convicted of murder and kidnaping, he was given the death penalty. His case was later reversed on appeal and the prosecution was assumed by me. The prosecution, under difficult circumstances, resulted in the Defendant's plea to murder and the aggravating circumstance of kidnaping."
The following is Judge Anderson's account of five civil appeals he has personally handled:
"(a)   Bergin Moses Mosteller v. James R. Metts, S.C. Supreme Court, Not known when this case was decided.
(b)   Dennis G. Mitchell v. State of S.C., S.C. Supreme Court, Not known when this case was decided.
(c)   Ex Parte, Bobby M. Stichert v. Carroll Heath, S.C. Supreme Court, Decided August 29, 1985 - 286 S.C. 456, 334 S.E.2d 282 286 S.C. 456.
(d)   Patrick C. Lynn, et al. v. State of S.C., S.C. Supreme Court, Not known when this case was decided.
(e)   Paul David Tasker v. M.L. Brown, Jr., S.C. Supreme Court, Not known when this case was decided."

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Judge Anderson has served as an Administrative Law Judge from February 1, 1995, to the present. He described five of his most significant orders or opinions as follows:
"(a)   Kerr-McGee Chemical Corporation, et al. v. South Carolina Department of Health and Environmental Control, 99-ALJ-07-0290-CC;
(b)   Democratic Reform at Big Creek, et al. v. South Carolina Department of Health and Environmental Control, et al., 98-ALJ-07-0556-CC;
(c)   South Carolina Department of Revenue, In Re: Proposed Regulation #117.190, 97-ALJ-17-0095-RH;
(d)   Edgemoor Community Action Association, et al. v. South Carolina Department of Health and Environmental Control and J. Bruce Collins, 95-ALJ-07-0728-CC; and
(e)   United States Army Training Center and Fort Jackson v. South Carolina Department of Health and Environmental Control, 95-ALJ-07-0202-CC."
Judge Anderson reported that he was an unsuccessful candidate for Administrative Law Judge, Seat 3, on February 23, 1994.

(9)   Judicial Temperament:
The Commission believes that Judge Anderson' s temperament has been and would continue to be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Judge Ralph King "Tripp" Anderson, III, to be a qualified and highly regarded judicial candidate. The committee wholeheartedly approves of his candidacy for a circuit court judgeship."
Judge Anderson is married to Linda Corley Anderson.
Judge Anderson reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar - November 1984."
Judge Anderson provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Shandon Baptist Church - Sunday school teacher."


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Lisa G. Collins
Circuit Court, At-Large Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Collins meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. Collins was born on April 20, 1962. She is 38 years old and a resident of Rock Hill, South Carolina. Ms. Collins provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Collins.
Ms. Collins demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Collins reported that she has made campaign expenditures totaling $143.11 for letters of introduction, resumes, postage, and business cards, which she has appropriately reported to both the House and Senate Ethics Committees.
Ms. Collins testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. Collins testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Ms. Collins to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. Collins described her past continuing legal or judicial education during the past five years as follows:


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"(a)   Ninth Annual Presentation of Criminal Practice in S.C.   11-19-99;
(b)   S.C. Public Defender's Assn. Annual Conference   10-03-99;
(c)   Fourteenth Annual Criminal Law Update for S.C.   01-22-99;
(d)   S.C. Public Defender's Assn. Annual Conference   09-27-98;
(e)   Criminal Practice in South Carolina   11-14-97;
(f)   S.C. Solicitor's Annual Conference   09-28-97;
(g)   Interviewing Children: A Linguistic Perspective   09-12-97;
(h)   Roundtable on Court Practices for Child Witnesses   06-27-97;
(i)   Methods of Child Abuse Investigation   05-02-97;
(j)   Investigation/Prosecution of Homicide by Child Abuse   12-18-96;
(k)   S.C. Solicitor's Annual Conference   09-29-96;
(l)   Trial Practice Tune-Ups   07-17-96;
(m)   Drug and Alcohol Abuse in Pregnancy   05-17-96;
(n)   Everyday Ethics Problems Facing Practitioners   12-09-95;
(o)   S.C. Solicitor's Annual Conference   10-01-95."
Ms. Collins further provided, "I have obtained all required Continuing Legal Education (CLE) hours as mandated by the South Carolina Supreme Court and Bar since my admission to the South Carolina Bar in 1986."
Ms. Collins reported that she has taught the following law-related courses:
"(a)   Ninth Annual Presentation of Criminal Practice in S.C. - 11-19-99.
I made a presentation on 'Fifth and Sixth Amendment Update - A Review of the South Carolina Appellate Court Cases issued in 1999 involving issues relating to right to counsel, right to self-representation and confessions.'
(b)   S.C. Public Defender's Association Annual Conference - 10-3-99.
I made a presentation on 'Defending Criminal Sexual Conduct Cases - Views of a Former Prosecutor.'
(c)   Criminal Practice in South Carolina - 11-14-97.
I gave a presentation on 'Victims' Rights - A review of new constitutional and statutory provisions concerning the rights of crime victims.'
(d)   S.C. Solicitor's Annual Conference - 9-28-97.
I made a presentation on the correct procedure for the presentation of Guilty Pleas before the Circuit Courts of South Carolina.
(e)   Trial Practice Tune-Ups - 7-17-96.
I made a presentation regarding Hearsay - The Hearsay Evidence Rule and Exceptions.
(f)   Sexual Assault Seminar: For the Prosecutor - 12-29-93.

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I gave a presentation for prosecutors regarding the recent case law concerning criminal sexual conduct cases in South Carolina.
(g)   While I was an Assistant Attorney General for South Carolina, I made an oral presentation at a Continuing Legal Education Seminar presented at the University of South Carolina School of Law in Columbia, South Carolina. My presentation concerned the rules of evidence regarding impeachment of witnesses. I do not know the exact date of this seminar; however, I believe that it was in the fall of 1991 or during the year 1992. I do not have my records from this seminar. I called the South Carolina Supreme Court - CLE Reporting Division to obtain this information for this application. However, I was informed by their staff that they only maintain this information for the past five years. Therefore, the information regarding this seminar was not available."
Ms. Collins reported the following:
"While I was a law student at the University of South Carolina School of Law, I was a member of the staff of the Law Review. In that position, I wrote three articles which were published in the South Carolina Law Review Annual Survey of South Carolina Law, Volume 37, Autumn 1985 #1. These articles were as follows:
(a)   Action for Feticide Recognized; Criminal Law Section, Section III, pages 79-81;
(b)   Common Law Necessities Doctrine Affirmed and Expanded; Domestic Law Section, Section V, pages 105-108;
(c)   Child Custody Jurisdiction Subject to Federal Statute; Domestic Law Section, Section XII, pages 131-134.
In addition, I have made presentations at several Continuing Legal Education (CLE) Seminars, pursuant to which I submitted legal materials which were printed in the CLE course materials.
(a)   Ninth Annual Presentation of Criminal Practice in S.C. - 11-19-99.
I made a presentation on 'Fifth and Sixth Amendment Update - A Review of the South Carolina Appellate Court Cases issued in 1999 involving issues relating to right to counsel, right to self-representation and confessions.' I prepared extensive written materials on this subject which were printed in the CLE course materials which were provided to the attorneys who attended the CLE seminar.
(b)   S.C. Public Defender's Association Annual Conference - 10-3-99.
I made a presentation on 'Defending Criminal Sexual Conduct Cases - Views of a Former Prosecutor'. Written materials which I prepared related to this presentation were published in the CLE course materials provided to the attorneys who attended the CLE seminar.

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(c)   S.C. Solicitor's Annual Conference - 9-28-97.
I made a presentation on the correct procedure for the presentation of Guilty Pleas before the Circuit Courts of South Carolina. Written materials which I prepared related to this presentation were published in the CLE course materials provided to the attorneys who attended the Solicitor's conference.
(d)   While I was an Assistant Attorney General for South Carolina, I made an oral presentation at a Continuing Legal Education Seminar presented at the University of South Carolina School of Law in Columbia, South Carolina. My presentation concerned the rules of evidence regarding impeachment of witnesses. Written materials which I prepared relating to this subject were published in the CLE course materials which were provided to the attorneys who attended this seminar. I do not know the exact date of this seminar; however, I believe that it was in the fall of 1991 or during the year 1992."

(4)   Character:
The Commission's investigation of Ms. Collins did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Collins did not indicate any evidence of a troubled financial status. Ms. Collins has handled her financial affairs responsibly.
The Commission also noted that Ms. Collins was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:
Ms. Collins reported that she is not rated by Martindale-Hubbell.

(6)   Physical Health:
Ms. Collins appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental Stability:
Ms. Collins appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:
Ms. Collins was admitted to the South Carolina Bar in 1986.


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Ms. Collins described her legal experience as follows:
"South Carolina State Board of Medical and Dental Examiners (May 1984-April 1986) Rembert C. Dennis Building, Columbia, South Carolina
(Location of Assistant Attorney General assigned to this Agency)
Position: Law Clerk; Responsibilities: Performed legal research, prepared legal memoranda and assisted Assistant Attorney General in disciplinary actions against physicians and dentists; assisted with undercover investigation of complaints against physicians and dentists.
Rainey, Britton, Gibbes & Clarkson Law Firm (August 1986 - May 1988)
(currently Gibbes, Gallivan, White & Boyd Law Firm)
P.O. Box 10589, East Coffee Street, Greenville, South Carolina
Position: Associate Attorney; Responsibilities: Prepared legal pleadings and motions, performed legal research, prepared discovery responses, and represented clients in all phases of civil (defense) litigation, including depositions, motion hearings, jury trials and appeals; independent responsibility for collection and insurance defense cases (personal injury/automobile accident cases); assisted senior partners on insurance defense cases, including cases involving medical malpractice, products liability and contractual disputes. Also represented individual plaintiff in magistrate court civil case, as requested by senior partner. Also represented individuals in family court matters, as appointed by the Court.
S.C. Children's Foster Care Review Board System (May 1988-March 1991)
2221 Devine Street, Columbia, South Carolina
Position: General Counsel; Responsibilities: Represented State Agency and 32 Local Review Boards in individual cases before the Family Court (statewide); advised State Board of Directors and local review boards regarding policies and procedures; advised staff on legal issues; acted as Agency liaison to the Family Court and to relevant South Carolina legislative committees regarding proposed legislation affecting the rights of foster children, as requested by the Executive Director; served as Chief Personnel Officer and Affirmative Action Officer for the Agency.
Office of the Attorney General for South Carolina (March 1991-April 1993)
P.O. Box 11549, Rembert C. Dennis Building, Columbia, South Carolina

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Position: Assistant Attorney General; Responsibilities: Represented the State of South Carolina at both the Circuit Court and Supreme Court level, primarily in the area of post-conviction relief matters; preparation of legal briefs, pleadings and proposed Orders for post-conviction relief proceedings at the Circuit Court level; preparation of legal briefs for appeals in post-conviction relief cases appealed to the South Carolina Supreme Court; as required on two occasions, presentation of oral arguments before the South Carolina Supreme Court; responsible for a heavy caseload of criminal post-conviction relief cases, including independent responsibility for three judicial circuits; preparation for and litigation of post-conviction relief cases before the Circuit Court, typically involving sole responsibility for an average of forty cases to be heard in a one-week term of court at least once a month and often twice a month; preparation of rosters for terms of court and working closely with administrative judges to monitor pending post-conviction relief cases in assigned judicial circuits. Near the end of my employment with the Attorney General's Office, I also assumed responsibility for prosecution of attorney grievance complaints.
Office of the Solicitor, Sixteenth Judicial Circuit (April 1993-March 1998)
Moss Justice Center, 1675 York Highway, York, South Carolina
Position: Assistant Deputy Solicitor; Responsibilities: Represented the State of South Carolina and victims at the Circuit Court level in York and Union counties. Responsible for the complete presentation and trial of criminal cases, specializing in Criminal Sexual Conduct and Lewd Act cases but also prosecuting all other types of cases including Murder, Assault and Battery with Intent to Kill, Kidnapping, Armed Robbery, Burglary and Drug cases. Responsibilities in preparation for trial included interviewing victims and witnesses, including both adults and children; legal research and preparation of legal aspects of cases, including Pre-Trial Motions and related briefs in support thereof; sole responsibility for the complete presentation of these cases at jury trials. Assisted the Solicitor in the preparation and prosecution of Death Penalty cases. Served as one of only two Assistant Deputy Solicitors, which included responsibility for direct supervision and training of all Assistant Solicitors assigned to York County General Sessions Court. Also served as "Team Leader" responsible for overseeing other Assistant Solicitors and liaison to the Presiding Judge and Clerk of Court for coordination of court.
York County Public Defender Office (March 1998-present)

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Moss Justice Center, 1675 York Highway, York, South Carolina
Position: Deputy Public Defender; Responsibilities: Assist the Chief Public Defender in administration of the York County Public Defender Office; direct supervision of attorneys employed as Assistant Public Defenders and all office staff, including Office Manager, Chief Investigator and secretarial staff. Provision of legal services to indigent persons who are charged with criminal violations, as appointed by the Court; complete responsibility for the preparation and trial of all assigned cases; complete responsibility for all aspects of legal defense of clients in assigned cases, which include Death Penalty cases, Murder, Criminal Sexual Conduct, Armed Robbery, Assault and Battery with Intent to Kill, Burglary, Kidnapping and Drug cases; legal research and preparation of legal motions and briefs for all assigned cases. Assist the Chief Public Defender as liaison on behalf of the Public Defender Office to the Presiding Judge of Circuit Court and the following offices: the Solicitor's Office; the Clerk of Court; and the York County Probation and Parole Department. Assist the Chief Public Defender in all aspects of office administration includi ng decisions regarding personnel assignments, personnel hiring, education and training, and all office financial decisions."
Ms. Collins further provided the following:
"I currently provide legal defense for indigent persons in criminal cases in which our office is appointed by the Court. My typical clients are indigent persons who has been charged with felony-level criminal offenses and who cannot afford to hire private counsel. I handle all types of felony cases, including Murder, Assault and Battery with Intent to Kill, Criminal Sexual Conduct, Burglary, and Felony Drug cases. I have served in this position from March 1998 until the present date. From April 1993 until March 1998, I represented the State of South Carolina in the prosecution of criminal actions in General Sessions Court in the Sixteenth Judicial Circuit (York and Union Counties). During that time, I represented the State and victims of crimes, primarily adult and child victims of sexual assault. However, I also prosecuted other types of cases, including Murder, Assault and Battery with Intent to Kill, Armed Robbery, Kidnapping, Burglary and Drug cases. I also provided assistance to the Solicitor in Death Penalty cases. From March 1991 until April 1993, I represented the State of South Carolina as an Assistant Attorney General, specializing in post-conviction relief actions, which are civil court hearings which review criminal convictions to determine if the constitutional rights of the defendant have been violated, such as through ineffective assistance

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of counsel. From May 1988 until March 1991, I served as General Counsel for the South Carolina Children's Foster Care Review Board. In that position, I represented citizen review panels who were appointed by the State to review the services given to children in foster care. I provided legal representation for these Boards and the Agency during third-party intervention in the Family Court cases involving foster children and their rights while in foster care. From August 1986 through May 1988, I was employed with the private law firm of Rainey, Britton, Gibbes & Clarkson in Greenville, South Carolina. In that position, I primarily provided legal representation in insurance defense cases in civil court.
For the past five years, I have appeared in criminal court (General Sessions) almost daily when court is in session in York County, which is approximately two weeks each month (with two judges presiding each week that court is in session). I often handle several matters before the Court each day. I have prosecuted and defended criminal trials, both as sole counsel and as chief counsel or associate counsel. I often have to be prepared for two to three felony trials per court week, and I have actually tried two felony trials "back-to-back" on more than one occasion. In addition to trials, I have also represented the State and criminal defendants at many motion hearings, preliminary (probable cause) hearings, and countless guilty plea hearings. During the past five years, I have tried 37 cases to conclusion in General Sessions court (since January 1, 1995): 20 trials as sole counsel for my client; 9 trials as chief counsel and 8 trials as associate counsel. Of these trials, 33 trials involved felony charges; 4 were misdemeanor trials. I will be happy to provide a list of these cases upon request. Issues involved in these cases included pre-trial identification issues; voluntariness/involuntariness of defendants' statements while in custody and the admissibility of such statements; hearsay; forensic evidence (fingerprint; DNA/serology; trace (hair/fiber, etc., blood patterns); evidence of prior bad acts of the defendant as admissible in State's case-in-chief under SCRE Rule 404(b)/Lyle to show motive, identity, intent, absence of mistake or accident, common scheme or plan; impeachment of witnesses and the defendant through prior convictions and/or prior bad acts. The charges in these cases included Murder; Homicide by Child Abuse; Assault and Battery with Intent to Kill; Assault and Battery of a High and Aggravated Nature; Kidnapping; Burglary, First Degree; Burglary, Third Degree; Criminal Sexual Conduct, First Degree (adult victim); Criminal Sexual Conduct, Third Degree (adult victim); Criminal Sexual Conduct with a Minor,

Printed Page 2741 . . . . . Friday, May 5, 2000

First Degree; Criminal Sexual Conduct with a Minor, Second Degree; Lewd Act upon a Child; Armed Robbery; Trafficking in Crack Cocaine; Possession of Crack Cocaine with Intent to Distribute within the Proximity of a Park or School; Possession of Crack Cocaine; and Driving under the Influence, Second or More Offense. In addition, during my career I have tried numerous other cases involving these charges as well as Stalking, Arson, Contributing to the Delinquency of a Minor, Peeping Tom, and Resisting Arrest (Assault on a Police Officer).
In regard to my experience in civil matters, I practiced civil law during the time period from my admission to the bar in November of 1986 until May of 1988, with the private law firm of Rainey, Britton, Gibbes & Clarkson, during which time I represented defendants in civil cases (insurance defense cases) involving personal injury/automobile cases, products liability, collection/contract disputes, and medical malpractice actions. I also represented a plaintiff in a civil action (personal injury/slip and fall) in magistrate's court. I also represented defendants in family matters, as appointed by the Family Court. Also in regard to civil law, I served as an Assistant Attorney General for South Carolina from March 1991 until April 1993, representing the State in post-conviction relief actions, which are actions in civil court concerning the review of criminal convictions and addressing whether the legal rights of criminal defendants were violated, such as through ineffective assistance of counsel. During my two years with the Attorney General's Office, I handled hundreds of these hearings in Circuit Court (civil court, non-jury), as well as representing the State on the appeals before the South Carolina Supreme Court for all of the cases I handled before the Circuit Court. While most of this appellate work entailed the submission of legal briefs rather than oral argument, I did present oral argument before the South Carolina Supreme Court on two occasions on behalf of the State in post-conviction relief appeals. The Supreme Court ruled on behalf of the State on both of these cases.
Although it has been several years since I practiced civil law, and my experience in criminal law is more extensive, I believe that my background has prepared me to preside over civil matters as well as criminal matters. My years with the Rainey firm and the Attorney General's Office provided me with a solid foundation and experience in the area of civil law and procedure, a foundation upon which I can build with hard work and preparation for all matters over which I will preside. I believe that my background has provided me with a well-rounded legal experience, with two years in civil practice with the

Printed Page 2742 . . . . . Friday, May 5, 2000

Rainey Firm, three years in Family Court with the Foster Care Review Board, two years in civil law (concerning the subject matter of criminal convictions and their review) in the Attorney General's Office, five years as a criminal prosecutor in the Sixteenth Judicial Circuit, and two years as a Public Defender/criminal defense attorney in York County. In all of these positions, I have always been sincerely committed to providing quality legal representation in each and every case, despite high case volume in all of these positions. I believe that such a foundation, built upon a variety of legal experiences, will assist me in presiding over cases in both the civil and criminal courts."
Ms. Collins reported the frequency of her court appearances during the last five years as follows:
"(a)   Federal:   none
(b)   State:     almost daily in Circuit Court when York County General Sessions court is in session (which is approximately two weeks per month, with two judges presiding each of those weeks)."
Ms. Collins reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:       0%
(b)   Criminal:     100%
(c)   Domestic:     0%"
Ms. Collins reported the percentage of her practice in trial court during the last five years as follows:
"(a)   Jury:     25%
(b)   Non-jury:   75%"
Ms. Collins provided that she most often served as sole counsel.
The following is Ms. Collins' account of her five most significant litigated matters:
"(a)   State v. William Cabe. This trial involved numerous allegations of sexual assault by a local preacher against several young boys who resided in a children's home run by Rev. Cabe. I prosecuted this case by myself, and the trial lasted an entire week. The case was significant due to the number of alleged victims (seven), the resulting split in the church and issues related thereto, and the emotional nature of the case.
(b)   State v. William L. Ward. This was a murder trial which involved issues of self-defense. The victim, the father of a "runaway" daughter, had a long-standing dispute with the defendant and his family. This case was significant due to the nature of the offense. I prosecuted this case.

Printed Page 2743 . . . . . Friday, May 5, 2000

(c)   State v. Marshall Leon Watkins. This trial involved allegations of Criminal Sexual Conduct, First Degree; Kidnapping; Armed Robbery; and Assault and Battery with Intent to Kill. This trial was significant due to the nature of the charges. I prosecuted this case.
(d)   State v. Ricky Kendricks. This trial involved allegations of Criminal Sexual Conduct, First Degree; Kidnapping: Burglary, First Degree; and two counts of Assault and Battery with Intent to Kill. The alleged victims were a mother and her seven-year-old daughter. I defended this case. This trial was significant due to the nature of the charges.
(e)   State v. William Stegall. This trial involved an allegation of Stalking. I prosecuted this case. This cas e was significant because of the nature of the charge; this case was the first stalking trial in York County, South Carolina."
Ms. Collins provided:
"I have not personally handled any purely civil appeals. However, I have handled approximately twenty-three appeals from post-conviction relief matters, which are civil hearings concerning criminal issues from a post-conviction perspective. These include:
(a)   Sammy Baughman v. State, S.C. Supreme Court, Decision filed 5-3-93, 430 S.E.2d 505 (S.C. 1993);
(b)   Lothell Tate v. State, S.C. Supreme Court, Decision filed 4-13-92, 417 S.E.2d 553 (S.C. 1992);
(c)   Jerry Sims v. State, S.C. Supreme Court, Decision filed 12-6-93, 438 S.E.2d 253 (S.C. 1993);
(d)   Charles Underwood v. State, S.C. Supreme Court, Decision filed 12-7-92, 425 S.E.2d 20 (S.C. 1992);
(e)   Jonathan Wilson v. State, S.C. Supreme Court, Decision filed 6-21-93, 432 S.E.2d 477 (S.C. 1993)."
Ms. Collins further provided that on January 10, 2000, she filed an application for U.S. Magistrate Judge for the District of South Carolina. Ms. Collins informed the Commission that she has been selected as one of five final candidates for that position and expects to be advised of a final decision on or about April 28, 2000.

(9)   Judicial Temperament:
The Commission believes that Ms. Collins' temperament would be excellent.


Printed Page 2744 . . . . . Friday, May 5, 2000

(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee reported: "We found Ms. Collins extremely qualified. She was most cordial to the committee. We were very impressed with her knowledge base of the law. We based this statement not only on her PDQ but on the comments of her colleagues and judicial opponents. She was very accommodating and flexible around the schedules of the committee members. Due to time conflicts, some of the committee members interviewed her by phone. Their reports were as glowing as the members who met with her. The comments received from her references were very positive in nature. Her present and past employment seems to enhance her ability to undertake this judicial position."
Ms. Collins is married to Harry Prim Gerard Collins.
Ms. Collins reported that she was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Member since November 1986;
(b)   York County Bar Member since 1993. I am currently the secretary of the York County Bar Association, and I have served in that position since January 2000."
Ms. Collins provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Member, Rock Hill JayCees (5/93-5/94);
(b)   Member, Kiawanis Club of Rock Hill (9/95-9/96);
(c)   Attorney Coach, Rock Hill High School Mock Trial Team (1995-1999)."
Ms. Collins additionally provided, "After representing the State both as an Assistant Attorney General and as Assistant Deputy Solicitor for the Sixteenth Judicial Circuit for a total of seven years, I "switched sides" and became the Deputy Public Defender for York County, representing indigent persons who are charged with criminal offenses. No matter which side I represent, I have always been sincerely committed to providing quality legal representation in each and every case, despite high case volume in all of these positions. I believe that all persons appearing in court deserve to have the total commitment of the attorney representing their positions, and that the attorney must also be committed to the highest ethical standards and ideals. I believe that my service to the citizens of South Carolina, both victims as well as defendants, has reflected my commitment to equal justice under the law.

Printed Page 2745 . . . . . Friday, May 5, 2000

In addition to my legal education, I believe that I have the necessary demeanor which is suited to judicial office, which is a product of my life experiences as well as my education and legal experience. My father, a farmer, died when I was nine years old; my five siblings and I were raised by my mother while she also went to nursing school to support our family. I have worked since I was sixteen years old, and I paid my way through college and law school by working several jobs, in addition to college work scholarships, academic scholarships and other financial aid. I was blessed with two parents who taught me the value of hard work as well as honesty and integrity. During my years in school and throughout my career, I have been complimented by many colleagues who have kindly remarked upon my integrity and work ethic, in addition to my legal abilities both during jury trials as well as complicated motion hearings. Both as a prosecutor and as defense counsel, I have earned a reputation of always being fair and fully prepared in every case. In that almost all of the criminal cases which I have handled have involved extremely emotional fact patterns, I have learned to remain calm and attentive during emotional and potentially disruptive situations. I have also learned the importance of maintaining a professional demeanor in all situations, both in and out of the courtroom. While I often have to communicate unpleasant news in the realities of criminal practice, I have learned to do so tactfully and patiently but firmly and clearly. I have enjoyed almost twelve years of public service as an attorney representing various state agencies as well as victims and defendants in criminal cases. I would be honored to serve the citizens of South Carolina as a Circuit Court Judge, and if selected, I would continue to strive to maintain the highest standards of diligent work, detailed preparation, unquestionable ethics and integrity. I believe that the citizens of South Carolina deserve no less. Thank you for your consideration of my application for the position of Circuit Court Judge At Large Seat 3."

G. Thomas Cooper, Jr.
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Cooper meets the qualifications prescribed by law for judicial service as a Circuit Court judge.


Printed Page 2746 . . . . . Friday, May 5, 2000

Mr. Cooper was born on November 2, 1940. He is 59 years old and a resident of Camden, South Carolina. Mr. Cooper provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1967.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Cooper.
Mr. Cooper demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Cooper reported that he has made $56.10 in campaign expenditures for postage.
Mr. Cooper testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Cooper testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Mr. Cooper to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Cooper described his past continuing legal or judicial education during the past five years as follows:
"01/06/95     Limited Liability Companies;
02/11/95     The Nuts & Bolts of a Construction Project;
06/02/95     Annual Meeting: Consumer Law Section;
10/13/95     NC/SC Construction Law Seminar;
02/02/96     SC Campaign Finance Law;
05/16/96     ADR Awakening 1996, Southeast ADR;
04/25/96     Circuit Court Civil Mediation;
01/24/97     Limited Liability Companies;
09/25/97     Premises Liability;
06/11/98     Current Developments in Real Estate;
06/11/99     Probate, Estate Planning and Trust;


Printed Page 2747 . . . . . Friday, May 5, 2000

06/12/99     Alternative Dispute Resolution;
01/21/2000   Criminal Law Update."

Mr. Cooper reported that he has taught the following law-related courses:
"1981   "Arbitration or Litigation", Lecturer, South Carolina Bar CLE;
1993   "Alternative Dispute Resolution", Panelist;
1995   "The Nuts and Bolts of a Construction Project", Program Coordinator, South Carolina Bar, CLE;
1995   "New Circuit Court Arbitration Rules", Panelist."
Mr. Cooper additionally provided: "I am a member of the American Arbitration Association National Arbitration Training Faculty. Since 1996, I have traveled around the United States giving one (1) day seminars to new AAA arbitrators. All of these seminars have qualified for a CLE credit in the States where CLE is mandatory. I am paid a per diem and expenses to conduct these seminars."
Mr. Cooper reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Mr. Cooper did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Cooper did not indicate any evidence of a troubled financial status. Mr. Cooper has handled his financial affairs responsibly.
The Commission also noted that Mr. Cooper was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Mr. Cooper reported that his Martindale-Hubbell rating is "AV."
Mr. Cooper reported that he has not served in the military. He reported that he has served as an elected member of the Kershaw County Council from 1990 to the present.

(6)   Physical Health:
Mr. Cooper appears to be physically capable of performing the duties of the office he seeks.


Printed Page 2748 . . . . . Friday, May 5, 2000

(7)   Mental Stability:
Mr. Cooper appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Mr. Cooper was admitted to the South Carolina Bar in 1967.
Mr. Cooper reported the following experience:
"1968-70     Partner - West, Holland, Furman & Cooper;
1971-74     G. Thomas Cooper, Jr., Attorney at Law;
1971-74     Assistant Solicitor, Kershaw County;
1974-76     Associate Probate Judge, Kershaw County;
1975-77     Partner - West, Cooper, Bowen & Smoot;
1977-85     Senior Partner - Cooper, Bowen, Beard & Smoot;
1985-95     The Cooper Firm;
1995-Present   Partner - Cooper & Todd, LLP."
Mr. Cooper provided:
"My practice began in 1967 as a general practice concentrating on real estate, family law and Plaintiff's work. When my partner, John West, was elected Governor in 1970, the firm broke up and I went out on my own. I became an Assistant Solicitor for Kershaw County and continued my general practice. In the 1970's my practice involved corporate representation, personal injury and other forms of civil litigation. When John West left the Governor's office in 1974, we formed a new firm with the intention of establishing a statewide practice with offices in Camden, Columbia and Hilton Head. We started acquiring statewide work when John was named Ambassador to Saudi Arabia. After his departure, the firm continued into the 1980's and I eventually returned to a sole practice. About this time (1977), I started an active construction law practice which continues today. I have continued the general practice in Camden and Columbia with a focus on real estate, business torts and estate planning. My concentration, however, continues to be on construction law. Since the mid-1980's I have devoted a substantial amount of time to my arbitration and mediation work with the American Arbitration Association and the court mandated pilot projects in Florence and Richland Counties."
Mr. Cooper further provided:
"Criminal Experience:
From 1971-1974, I was Assistant Solicitor for Kershaw County. John Foard was Solicitor of the Fifth Judicial Circuit until his defeat in 1974 by Jim Anders. During my te rm, I handled, by plea or trial, all


Printed Page 2749 . . . . . Friday, May 5, 2000

Kershaw County cases except those which Solicitor Foard tried himself. In those years, Kershaw County experienced the murder of two (2) sheriff's deputies and the serious wounding of another. These were sensational cases which were tried during the time when South Carolina did not have the death penalty. After 1974, I handled only a few criminal cases and post-conviction relief hearings. For the last five (5) years, the public defender has handled approximately 60% of all criminal matters in Kershaw County and, because my partner is the City Recorder, we get very few criminal cases referred to us.
Civil Experience:
Most of my career has been involved with civil matters, more often on behalf of Plaintiffs than Defendants. In recent years, my trial experience has been in personal injury and business torts. I ceased doing domestic work in approximately 1985. I have represented both Plaintiffs and Defendants in a substantial number of condemnation cases, most of which went to trial. I have tried cases in at least sixteen (16) counties in South Carolina. I have a substantial real estate practice which includes a title insurance agency and have handled numerous partition actions. I represent corporate clients, have handled environmental lawsuits, insurance cases, and will contests, all of which have, from time to time, required trials. Over the past ten (10) years, I have devoted a significant amount of time to creating an arbitration and mediation practice. My primary source of referrals is the American Arbitration Association. I am a Certified Circuit Court Arbitrator and Mediator and have been since 1996. I am a member of the AAA Large Complex Case panel, a certified mediator in the United States District Court and have arbitrated and mediated more than one hundred fifty (150) cases and commercial disputes with claim values in excess of $10,000,000. I have been through extensive training programs with the American Arbitration Association which allows me to sit as a panelist on significant litigated matters and am one of only five (5) certified AAA mediators in South Carolina."
Mr. Cooper reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   0%
(b)   State:     70%
(c)   Other:     30%"
Mr. Cooper reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     100%

Printed Page 2750 . . . . . Friday, May 5, 2000

(b)   Criminal:   0%
(c)   Domestic:   0%"
Mr. Cooper reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     50%
(b)   Non-jury:   50%"
Mr. Cooper provided that he most often served as sole counsel or chief counsel.
The following is Mr. Cooper's account of his five most significant litigated matters:
"(a)   Darrell Creek Associates, a South Carolina General Limited Partnership v. BellSouth Telecommunications, Inc., et al., 96-CP-10-4376; After several years of representing the developer of the Darrell Creek Subdivision in Mount Pleasant, we discovered that in the final stages of development, Southern Bell, through one of its subcontractors, had negligently severed most of the underground water and sewer lines while laying the telephone cable. Suit was brought immediately. I filed the suit in Charleston County and later the client associated Jim Merritt of Columbia as lead counsel for trial purposes. After extensive discovery, the case went to trial in March 1999, before Judge Rawl. After 3 days of trial, the case was settled for $1.7 million. Significantly, Mr. Merritt and I produced a multi-media presentation for the jury which undoubtedly convinced the numerous Defendants to contribute to the settlement. All of this took place while our client was being forced into bankruptcy by his lending bank. We eventually ended up working for the Bankruptcy Trustee because the suit remained the only asset of the estate after the property had been sold by the Trustee.
(b)   Georgetown County Board of Education a/k/a The School District of Georgetown County v. Doe and Doe, AIA, Architects, P.A., Roe and Roe, Contractors (Confidentiality Agreement) 92-CP-22-189; Chief counsel for South Carolina public school district against the architect, engineers and contractors in construction/design deficiency case. Suit involved three (3) major school buildings with numerous problems including leaks, cracking walls, floor settlement and paving degradation. After three (3) years of investigation and discovery, the case was resolved at a three (3) day mediation in Charleston. Plaintiff school district was successful in recovering a 1.2 million dollar

Printed Page 2751 . . . . . Friday, May 5, 2000

cash settlement, plus approximately $400,000 in repair work by the contractors and subcontractors.
(c)   Campus Sweater & Sportswear v. M. B. Kahn Construction Co., Fort Roofing & Sheet Metal Works, Inc. and Celotex Corp., 515 F.Supp. 64 (979); Action No. 76-0292-5. Co-counsel, with Terrell L. Glenn, and successfully represented Plaintiff in this case. This was a jury trial in the District Court in front of the Honorable Robert Hemphill. At the time of the Plaintiff's jury verdict in February of 1979, the award of $833,000 was reported to be the largest jury verdict obtained in South Carolina up until that time. The case is significant for many reasons in the products liability field and was the first of many cases against Celotex for defective roofing material which was installed on roofs in the southeastern United States in the late 60's and early 70's. Judge Hemphill's Order of September 28, 1979, denying Defendant's Motions for Judgment N.O.V. and a New Trial is frequently cited. The case also firmly established the "Discovery Rule" in South Carolina.
Judge Hemphill stated in his Order: "The trial was a mammoth and complex event. The transcript of 12 days of testimony runs 2500 pages, hundreds of exhibits were introduced or identified, and the number of objections raised were more than this court has every experienced in over 40 years of law practice and service on the bench."
(d)   George A. Creed & Son, Inc. v. Trident Technical College Area Commission, Case No. 80-CP-40-1836. Chief counsel for Plaintiff in this unsuccessful action which was ordered to arbitration and involved the Trident Technical College on its Ashley River site. Judge Bristow ordered arbitration on July 10, 1980 and arbitration under the rules of AAA commenced March 9, 1981. An award in the amount of $562,697 adverse to the Plaintiff was rendered on April 30, 1982, after forty-one days of testimony over the course of twelve months. In addition, Plaintiff was ordered to pay subcontractor claims which will eventually amount to approximately $350,000. The case is significant in that it involved many contractors and subcontractors and a building in Charleston which remained idle until it was sold to the Citadel in the late 80's. The State of South Carolina expended for the preparation and presentation of its arbitration case in excess of $800,000, none of which was ordered to be reimbursed to the State.
(e)   (Client), Individually and as Administratrix of the Estate of (Deceased) v. (Airline), et al. Chief counsel for the Plaintiff in a wrongful death commuter airline crash which occurred in

Printed Page 2752 . . . . . Friday, May 5, 2000

Greenville on November 2, 1979. Although this case was never brought to trial, and pleadings were never filed, I feel that it is significant in that the preparations, investigations and settlement negotiations I had with the various potential defendants in an airline disaster case brought about substantial settlement quickly and involved perhaps as many hours of preparation as had we filed and gone to trial. The significance of the case to me is that it demonstrated the effectiveness of thorough trial investigation and preparation. The settlement for the Plaintiff was $667,500."
The following is Mr. Cooper's account of five civil appeals he has personally handled:
"(a)   Lopez v. National General Insurance Co., 417 S.E.2d 864, 308 SC 302 (1992). Counsel for Plaintiff in automobile death case. Plaintiff's wife was killed by underinsured drunk driver. Supreme Court reversed Circuit Court ruling that Plaintiff's wife had adequate offer of UIM coverage from non-resident insurance company. The case is significant for its ruling that further solidifies rights of consumers to be adequately informed of automobile insurance options for the purpose of underinsured insurance.
(b)   First Baptist Church of Timmonsville, South Carolina v. George A. Creed & Son, Inc., 281 S.E.2d 121, 276 S.C. 597 (1981). Chief counsel for Defendant Creed in this construction-arbitration case. The lower court had denied my client arbitration, and we successfully appealed. It is significant in that it absolutely expresses the Supreme Court's opinion favoring arbitration when arbitration clauses are included in contracts. This case is quoted frequently in arbitration matters.
(c)   Ray E. Roberts v. Hermitage Cotton Mills, 8 E.P.D. 9589; U.S.D.C. Civil Action No. 72-1415; Fourth Circuit Appeals No. 73-1600. Chief counsel for Defendant in this employment discrimination action. This case was tried without a jury before the Honorable Sol Blatt, Jr. I successfully defended the Defendant in the trial court and successfully argued the affirmation in the U.S. Fourth Circuit Court of Appeals. The significance of this case is that, although the Plaintiff claimed employment discrimination on religious grounds, Judge Blatt and the Fourth Circuit felt that my client was well within its rights to dismiss the employee when his absence from work would have caused serious disruption to the plant's operations.

Printed Page 2753 . . . . . Friday, May 5, 2000

(d)   Mays v. Mays, 229 S.E.2d 725, 267 S.C. 490 (1976) Chief counsel in this successful domestic action. This case is often cited for the Supreme Court's opinion on attorney's fees in domestic cases and the burden of proof in adultery cases. This case was an unusually difficult case in that the Defendant, an attorney, was charged with physical cruelty and he counterclaimed on the grounds of adultery for which the burden of proof was not sustained.
(e)   Stackhouse v. Cook, 248 S.E.2d 482, 271 S.C. 518 (1978). Chief counsel for Plaintiff in this statute of frauds case involving a parole contract for the conveyance of land. The matter was tried in Dillon County unsuccessfully and appealed unsuccessfully."
Mr. Cooper reported he was Associate Probate Judge for Commitments in Kershaw County, from 1975-1978; appointed January 1975.

(9)   Judicial Temperament:
The Commission believes that Mr. Cooper's temperament would be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Mr. G. Thomas Cooper, Jr. to be a qualified and highly regarded judicial candidate. The committee positively approves of his candidacy for a circuit court judgeship."
Mr. Cooper is married to Hope Howell Cooper. He has 6 children: Sloane Cooper Ellis, 23, homemaker; Sarah Riley Cooper, 31, realtor; Patricia D. Cooper, 27, Webmaster; Hope B. Langley, 39, Real Estate Paralegal (stepchild); Martha B. Jones, 37, Art Teacher (stepchild); and Lisa B. Adams, 35, artist (stepchild).
Mr. Cooper reported that he was a member of the following bar associations and professional associations:
"(a)   Kershaw County Bar Association (1967-Present) President 1970;
(b)   South Carolina Bar Association (1976-Present)(Fee Dispute Committee, 1978-84 and Legislative Affairs Committee, 1986-90);
(c)   American Bar Association (1997-Present);
(d)   South Carolina Council for Conflict Resolution (1977-Present)."
Mr. Cooper provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Camden Country Club President (1976-77);


Printed Page 2754 . . . . . Friday, May 5, 2000

(b)   Congaree Land Trust President (2000-2002), Associated Charities, Director (1987-Present);
(c)   Springdale Hall Club, Secretary and General Counsel;
(d)   Palmetto Club;
(e)   Camden Rotary Club;
(f)   Paul Harris Fellow."
Mr. Cooper additionally reported:
"From July through December 1999, I sat as Chairman of an arbitration panel in Raleigh, North Carolina. Hearings were conducted over a period of fifty-four (54) days. This case is still incomplete in that the final order has not been issued. The case involved attorneys from New York, Alabama, Massachusetts, and Texas. Approximately twenty-eight (28) witnesses' testimony were taken, electronic displays of evidence were used and approximately 2,000 exhibits were submitted. As Chairman, and the only attorney on the panel, it became my responsibility to conduct the discovery and hearings in an orderly and fair process for all parties concerned. Because of the confidential nature of arbitration, I am unable to disclose the names of the parties. I anticipate this matter to be closed within the next 30-45 days. This is the latest and most complex of several multimillion multi-hearing day arbitrations which I have conducted on behalf of the American Arbitration Association in the past five years. I feel that this experience uniquely qualifies me to sit as a member of the Circuit bench in South Carolina."

James Lewis Mann Cromer, Jr.
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Cromer meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Cromer was born on April 19, 1963. He is 37 years old and a resident of Columbia, South Carolina. Mr. Cromer provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1988.


Printed Page 2755 . . . . . Friday, May 5, 2000

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Cromer.
Mr. Cromer demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Cromer reported that he has made $82.50 in campaign expenditures for postage.
Mr. Cromer testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Cromer testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Mr. Cromer to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Cromer described his past continuing legal or judicial education during the past five years as follows:
(a)   1999   How To Try a Wreck Case   05-14-99

7th Annual Probate Bench/Bar   09-10-99
(b)   1998   6th Annual Probate Bench/Bar   09-11-98

Ethics CLE   09-21-98

Practice & Procedure in Traffic Court/DUI   10-02-98
(c)   1997   Governmental Ethics   01-02-97

Civil Rights Symposium   09-26-97

Masters in Trial   12-12-97
(d)   1996   4th Annual Probate Bench/Bar   09-06-96

South Carolina Tort Law Update   09-13-96
(e)   1995   1995 SC Trial Lawyer Annual Convention   08-10-95"
Mr. Cromer reported that he has participated in the following lectures: "While I have never been a college or law school professor on a regular basis, I have guest lectured an ethics class for Professor O'Neal Smalls at U.S.C. Law School, as well as English classes (Southern Fiction) for Professor Louis Henry at Clemson University. Lastly, I have guest lectured several classes at the University of South


Printed Page 2756 . . . . . Friday, May 5, 2000

Carolina, Department of Political Science, on topics ranging from current legislative affairs to legislative ethics."
Mr. Cromer reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Mr. Cromer did not reveal evidence of any founded grievances made against him. The Commission's investigation of Mr. Cromer did not indicate any evidence of a troubled financial status. Mr. Cromer has handled his financial affairs responsibly.
The Commission also noted that Mr. Cromer was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Mr. Cromer reported that he is not rated by Martindale-Hubbell.
Mr. Cromer reported that he has held the following elected public offices:
"(a)   1999 to present: Reading Clerk, South Carolina House of Representatives. Elected by House Members in 1999.
(b)   1990 to 1998: South Carolina House of Representatives, District 80, Richland County. Elected four (4) successive terms of office."

(6)   Physical Health:
Mr. Cromer appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental Stability:
Mr. Cromer appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Mr. Cromer was admitted to the South Carolina Bar in 1988.
Mr. Cromer reported his legal experience as the following:
"July 1988 - September 1989, Walleck, Shane & Stanard, Woodland Hills, California. The general character of my practice was general civil litigation, primarily defense practice. As counsel for the San Fernando Valley Board of Realtors, I was an associate who performed research and produced memoranda on various legal


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questions that arose from the Board or its members. Tortious interference with contractual relations, fraud, material misrepresentation and lockbox liability were typical examples of legal issues dealt with by the firm during my employment. I was called upon to conduct research, interview witnesses, prepare legal memoranda and pleadings, and attend court with the associates and partners of the firm. After my admission to the California Bar, I was authorized to make court appearances on my own. I made many solo appearances in the Superior Courts of Los Angeles, Ventura and Orange Counties, as well as in the Federal District Court for the Central District of California. Prior to that, I produced more billable hours than any other associate as I researched complex legal issues and performed other casework. In my "spare time", I prepared for and passed the California State Bar Exam. I was unhappy living so far from home and left Walleck, Shane & Stanard to return to South Carolina.
November 1989 - May 1990 , South Carolina House of Representatives. As staff counsel for the Labor, Commerce and Industry Committee, I had to quickly switch gears from private-sector to public-sector legal employment. I served as legal consultant for my committee, as well as for all members of the House. It was necessary that I immediately familiarize myself with banking, insurance, and workers' compensation laws, as well as with administrative procedures. I had to be intimately familiar with all pending bills, as well as drafting preliminary bills for members before the bills were sent to Legislative Council. I also attended numerous public hearings across the state with my committee members and returned to Columbia to advise all LCI members on insurance reform legislation. I resigned this position to run for public office several weeks after my sitting House Representative failed to file for re-election in 1990.
January 1991 - November 1996, Cromer & Mabry. Cromer & Mabry, my father's firm, is a general civil litigation firm. I handled plaintiffs personal injury litigation, probate and estate matters and all criminal defense cases that the firm retained. Since the firm also handled civil defense work for some clients including serving as defense counsel for Capital Communications, Inc. (WLTX TV), I was also called upon to practice in the area of civil defense. I conducted extensive legal research in the area of First Amendment and employment law. Cromer & Mabry was on the cutting edge of the development of employment law in this state, particularly public sector employment. Together with my father and other firm members, we developed and tried the first Whistleblower case in this state. We

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obtained the first Whistleblower verdict and successfully handled several appeals both in the Supreme Court and in the Court of Appeals. When the Whistleblower law was legislatively neutered in 1993, I participated in other significant employment cases in the areas of civil rights, defamation and violation of the First Amendment.
November 1996, to present, Cromer Law Offices. A smaller general solo practice, Cromer Law Offices covers a broad spectrum of legal areas including probate and estate, civil litigation, criminal defense, labor and employment, commercial litigation, corporate law, and civil rights matters. If the client's legal issue is specialized -- such as a matter of taxation or bankruptcy -- the client is referred elsewhere. The general character of my practice is full-service representation of the client in magistrate, municipal, circuit or federal court, as well as in administrative proceedings, where necessary. If the client's best interests can be served without court intervention, other avenues are pursued."
Mr. Cromer reported the following experience in criminal matters:
"I have advised many clients on criminal matters. In my eight years of legislative service, I also became familiar with the criminal laws of this state, but I have never concentrated on a criminal defense practice. I do consistently represent clients in court charged with DUI, DUS, simple possession, petit larceny, burglary, and other like charges. When prospective clients are charged with crimes such as criminal domestic violence, arson, felony drug offenses, and other serious crimes, I usually refer them or associate myself with counsel who specialize in these types of cases. The criminal cases that I handle alone are, by and large, resolved by plea negotiations rather than by jury trial in General Sessions. I do try DUI cases. I am familiar with criminal court and procedure. I have also served as court appointed counsel in criminal matters.
While I have not accumulated extensive trial experience in criminal matters, I believe that my background has prepared me to competently preside over such matters as a Circuit Court Judge.
Prior to my graduation from U.S.C. School of Law, I worked in the Fifth Circuit Solicitor's Office under Jim Anders and his deputy at the time, Barney Giese. I processed and investigated drug offenders for indictments, investigated witnesses and victims of crime, and prepared cases up to the moment of trial. Though I could not formally appear, I was able to play an important role in the process, as well as sit in and observe the trials. I was able to observe dozens of criminal trials that ran the gamut of criminal subject matter.   Moreover, for eight years,

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instead of trying many criminal cases, I was serving in the body that makes, shapes and modifies criminal laws. Specifically, my six years on the Judiciary Committee were most beneficial in following the progress of each criminal law that was praised, criticized, debated and altered. I learned the meaning of criminal laws and procedures as well as the legislative intent behind them. Additionally, sentencing guidelines was a complicated piece of legislation that went through my committee during my final legislative session. I am ready to put my legislative criminal experience into action from the trial bench: I would have a keen insight into legislative intent, yet be ever mindful that a jurist should apply the law, not make it.
Finally, I am willing to study intensely, immediately and thoroughly any matter on which I feel the need for additional expertise. My record supports this ability whether it be from my multiple Bar admissions, the wide variety of complex civil cases I have handled, or from my legislative experience. I would do so with the same energy and drive that has enabled me to acclimate to and ultimately excel in the varied aspects of the law that I have been fortunate to experience thus far in my career[1]."
[1] I further expound on this ability, as exemplified by my legislative history, in my answer to question 47 of this P.D.Q.
Mr. Cromer reported the following experience in civil matters:
"My experience in civil matters is quite broad. Some of the legal areas where I have tried cases within the last five (5) years are sexual harassment, Butler v. McCollum, (1995); defamation, Sawyer v. Chester County School District, et al., (1995); reverse race discrimination, Rawl v. Neilsen, et al., (1996); First Amendment, Phillips v. Neilson, (1996); legal malpractice, Hunt v. Reyner, (1997) (settled just prior to trial); medical malpractice, Lombard v. Oconee Memorial Hospital, et al., (1996), (confidentially settled just prior to trial); Unfair Trade Practices Act, Plowman v. Bagnal, et al., (1994); defamation, libel and slander, Harrell v. Mims, et al., (confidentially settled just prior to trial) (1998); Harrell v. WCSC TV, (1998); personal injury, Butler v. BiLo, (1998) (trial forthcoming); nuisance, Smith, et al. v. D.M. Mays Oil Company, Inc., et al., (1997); and, most recently, accommodations law/ discrimination, Joyner, et al. v. Waffle House, (1999) (trial forthcoming). There are others, but these are illustrative of the breadth of my civil experience in the past five years.
The following is a brief description of these cases:

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Sawyer v. Chester County School District, 94-CP-12-58 (1994): I served as co-counsel on this case in Chester County. Coach Danny Sawyer was a famous high school coach. His son, Ben, was an outstanding player who suffered injuries from an unprovoked attack by a fellow student, which kept him out of the North-South All State game. Coach Danny Sawyer was accused of making racist remarks and was summarily demoted and fired. This defamation suit followed. I researched complex legal questions of "public official," "privilege" and "actual malice." The jury rendered a defense verdict. Judge Don S. Rushing tried the case.
Rawl v. Neilsen, et al., 3:42-3543-OBD: This was a reverse-race discrimination case brought against the State Superintendent of Education. I served as co-counsel and was involved in extensive research into legal issues. We were successful in advancing the case past summary judgment and a jury returned a verdict of $904,000.00 for Dr. Rawl. It was settled post verdict.
Hunt v. Reyner, 94-CP-40-2130: This was a legal malpractice case. Jim Hunt was my constituent and client. We sued a prominent Columbia attorney who had allegedly allowed Mr. Hunt to lose the bulk of his interest in a family tree farm through deficient representation. Mr. Hunt had approached several other attorneys before consulting us and had been turned down. We took his case and after significant work on the law and the facts, it was settled for a large sum of money upon being called to trial in Columbia.
Lombard v. Oconee Memorial Hospital, et al., 96-CP-37-0241: In this complicated case of medical malpractice, the plaintiff underwent routine bilateral screening mammographies in 1992, 1993, and 1994. All results were normal, with no findings suggesting malignancy. The fourth mammogram in 1995 demonstrated a suspicion of malignancy, including a nodular abnormality of approximately 2.5 centimeters in diameter. Plaintiff immediately underwent additional testing and was diagnosed as having invasive ductal carcinoma of the right breast with metastasis to her lymph nodes.
Suit was brought in 1996, alleging individual defendants violated standard medical care in failing to diagnose a suspicious mass at time of plaintiff's 1992-1994 mammogram, and causing injury to plaintiff. Defendant hospital was eventually dismissed because defendant physicians testified that they worked independent of the hospital. Plaintiff's attorneys obtained services of an expert radiologist from California who determined that the defendant physicians should have detected the suspicious mass by the 1993 mammogram, at a minimum.

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Also, plaintiff's expert oncologist from Chicago testified that early diagnosis would have most probably resulted in early intervention and prevented the cancer's metastasis. Defendants denied liability and -- after a 2 -year discovery period -- the case was confidentially settled one week prior to the trial date in Oconee County. Plaintiff succumbed to the cancer shortly thereafter.
Plowman v. Bagnal, et al. , 450 S.E.2d 36 (1994): Many of my constituents who lived in Village Pond subdivision joined in bringing an action against a corporate developer and its controlling persons under the South Carolina Unfair Trade Practices Act (UTPA). Plaintiffs claimed that defendants utilized unfair and deceptive practices to induce the homeowners to buy homes in Village Pond, by promising many amenities that were never provided. This jury trial in Richland County was presided over by Judge Ernest Kinard. The jury returned a verdict for the plaintiffs against defendant corporation only. Plaintiffs appealed the issue of controlling persons' personal liability for corporate violations to the South Carolina Supreme Court, which affirmed Judge Kinard's ruling that the two non-corporate defendants were not controlling persons.
Harrell v. Mims, 3:95-3117-0BC: Two brothers were deputy sheriffs in Sumter County and lost their jobs because of an alleged racist videotape owned by one of the brothers at an earlier time. The case was highly publicized. Through discovery and depositions, we created substantial issues of fact and were able to confidentially settle with the S.C. Insurance Reserve Fund to our clients' satisfaction.
Harrell v. WCSC TV, 97-CP-10-69: A Charleston TV anchorman aired part of the alleged racist videotape and mistakenly stated that it did represent the brothers' true beliefs. The script showed that he should have said did not, but he apparently misread it. Lewis Cromer, Ben Mabry, and I all participated in the trial in Charleston before Judge Markley Dennis. The jury returned a defense verdict. I devoted substantial time to research and pretrial issues, as well as to the lengthy trial.
Butler v. Bilo: 99-CP-12-097. Plaintiff Butler is an aging, uneducated man who slipped and fell in a Bilo grocery store. The fall burst the wires that held his rib cage in place (a pre-existing condition from open-heart surgery). In his hospitalization, he suffered many complications, including pneumonia and infection. Thereafter, the plaintiff began to psychologically deteriorate and currently suffers from dementia. The case is currently reaching the end of discovery; the trial should take place toward the end of this year.

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Smith v. D.M. Mays Oil Company, Inc., et al.: 97-CP-28-304. Plaintiffs retained me for temporary and permanent injunctive relief against a neighborhood bar, whose noise permeated the walls of their residences all hours of the evening. The matter was ultimately resolved -- by consent order -- in Judge Pleicones' chambers after a contentious hearing on the Plaintiffs' Motion for Temporary Injunction.
Joyner, et al. v. Waffle House: 3:99-4126-17 (1999). Three weeks after establishing my solo law practice, several African-American clients contacted me and scheduled consultations. Each of them, on separate occasions, had been denied service at the same Waffle House restaurant. In several instances, there was virtually no other customer present at the restaurant when service was refused. In another, two African-Americans were not allowed to sit at any of the available booths and were told they were "reserved for four or more people." Plaintiffs lodged complaints with the S.C. Human Affairs Commission, which found no violations and issued plaintiffs a right to sue letter. Suit was brought in 1999, and defendant moved to have the matter removed to Federal Court. Currently we are trying to remand the matter to circuit court. This case has not been set for trial. I was actively involved with the law firm of Cromer & Mabry in several plaintiff-oriented civil matters involving political discrimination, under the First Amendment. These Federal cases were brought against then-Superintendent of Education, Barbara Neilsen, as defendant. The cases included Phillips v. Neilsen, 99 F.3d 1130, 1196 WL 597834 (4th Cir. S.C.), Oswald, 3:92-1505-17AH; Dabney, 3:92-983-17BC; Sandifer, 3:92-3021-19BC; and, Rouse, 3:92-0520-19. In each of these cases, once the plaintiffs' disproved the defendant's contention that political affiliation of the plaintiff was a non-issue in their termination, defendant claimed qualified immunity for the decisions. In each case -- except Rouse -- plaintiff was able to effect significant settlements. Phillips went to the Fourth Circuit, which reversed Judge Shedd's grant of summary judgment. The three-judge panel's decision was upheld en banc by an 8-7 vote.
While at Cromer & Mabry, I also conducted legal research and drafted memoranda for the senior partner, which resulted in opinion letters for Richland County, East Richland Public Service District, the Town of Eastover, and Capitol Communications, Inc. (WLTX TV). Legal issues included, but were not limited to, FOIA requests, cameras in the courtroom, libel/slander, zoning and lane use matters, and employment law from the employer's perspective.

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For three of my last five years, I have been establishing a solo practice. The rigors that accompany "hanging a shingle" have not allowed for significant time in trial. I have spent the majority of my time in house. Drafting legal documents, conducting legal research, and advising clients on a daily basis, as well as performing my duties as Reading Clerk for the House of Representatives has recently consumed the majority of my time. Therefore, I am including information on my experience that goes back farther than five years.
I played an active role in the plaintiff's appeal in Gamble v. Manning, 450 S.E.2d 829 (1991), brought under the South Carolina Whistleblower Law, 8-27-10, et seq., which was heard and decided by the Supreme Court in 1991. Plaintiff Gamble alleged that he had been fired for reporting fraud, waste and mismanagement. I make note of this case due to my specific involvement in the appellate brief. This research and written presentation were important in the South Carolina Supreme Court's first interpretation of the Whistleblower law.
Gamble was a precursor to another landmark case with which I was closely involved: McGill v. U.S.C., 89-CP-40-4716. Plaintiff McGill brought an action under the Whistleblower law as a result of her being fired as hazardous waste manager at the University of South Carolina. She claimed that her termination was in retaliation for reports she had made to DHEC about U.S.C.'s dangerous handling and storage of hazardous chemicals. McGill gave rise to the first South Carolina Whistleblower jury verdict in favor of the plaintiff: $350,000.00. Then-trial Judge Carol Connor ordered a remittitur of $100,000.00, in concordance with the South Carolina Tort Claims Act. The defendant appealed the verdict, and the plaintiff appealed the remittitur. As a result, the Whistleblower Act made its second appearance before the South Carolina Supreme Court, McGill v. U.S.C., 423 S.E.2d 109 (1997). This time, the jury verdict was upheld; its award reinstated (with attorney's fees). Very shortly thereafter, the Legislature began to take steps toward "tightening" the South Carolina Whistleblower Act.
I was actively involved in a related case that followed McGill. In Turbeville v. Vacendak, et al., 91-CP-46-1830, the plaintiff brought suit after he had been fired as baseball coach at Winthrop by the athletic director and other administrators who he claimed had formed and carried out a civil conspiracy to force him out of his coaching position. This case was settled just prior to trial. In Turbeville, utilizing civil conspiracy as an alternative cause of action to the Whistleblower Act in response to the tightening-up of that statute

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proved to be a successful means for the plaintiff to assert his rights, notwithstanding the at-will employment presumption in South Carolina. My contribution to Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment, in asserting civil conspiracy as a viable cause of action in employment cases -- a motion denied by Judge Gary Clary -- was one of the keys to the plaintiff's ultimate success.
Lastly, I would note the case of Gattison v. S.C. State University, 93-CP-38-03. The plaintiff brought causes of action under the Whistleblower Act, as well as for outrage. An auditor for South Carolina State University, the plaintiff discovered numerous improprieties at the institution, which enraged his supervisors. Instead of firing the plaintiff for no articulable reason, defendant punished him by removing his computer, ostracizing him, displacing him in a cubicle labeled faculty lounge, and forcing him to sit in an 18-inch wide chair. (Plaintiff's weight was over 350 pounds.) The plaintiff obtained a $225,000.00 verdict in Orangeburg County before Judge Charles Whetstone and jury."
Mr. Cromer reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   30%
(b)   State:     70%"
Mr. Cromer reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     80%
(b)   Criminal:   15%
(c)   Domestic:   5%"
Mr. Cromer reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     20%
(b)   Non-jury:   80%"
Mr. Cromer provided that he most often served as associate counsel.
The following is Mr. Cromer's account of his five most significant litigated matters:
"(a)   Breunig v. Coop's Health & Fitness, 97-CP-23-386, (affirmed by the South Carolina Court of Appeals, 2000-UP-240). This case illustrates how administrative remedies can lead to legal remedies. The plaintiff was lured from the State of Wisconsin by virtue of her excellent fitness credentials as a finalist for Miss Fitness

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Wisconsin, her undergraduate and graduate degrees in physiology, and various other physical accolades. She was promised a set salary, commissions, benefits, and even an option for an apartment in Greenville, South Carolina, by the defendant's agent. Once she moved to South Carolina for this ostensibly wonderful opportunity, she discovered that the defendant had no intention of fulfilling any assurances made to her. The plaintiff was ultimately forced to undertake menial jobs, such as delivering telephone books, just to pay her expenses. I referred her to the Department of Labor, Licensing and Regulation, which resulted in the defendant being cited for failure to pay wages under S.C. Code Ann. 41-10-40. Thereafter, I brought an action in Greenville County, which I tried before Judge Larry Patterson. He ruled in favor of the plaintiff from the bench and awarded treble damages, attorney's fees and costs as provided by statute. I was moved when the court reporter, after proceedings had ended, looked at the plaintiff and me and said I feel so wonderful right now. I have the best feeling that justice has been served and it makes me very happy to have been a part of this process. I argued this matter before the South Carolina Court of Appeals on March 7, 2000.
(b)   Faircloth v. Sloan Construction Co., (Workers' Compensation case, 1991). This was a case in which I represented a young widow whose husband was crushed to death by a conveyer belt at his job site. The couple had been married for one week. As all of the family members were constituents of mine, I represented the widow -- pro bono -- before the Workers' Compensation Commission at a full hearing. The widow obtained a most favorable result. My job entailed much more than garden-variety legal work, since it was such a tragic and ghastly accident. At the resolution of the hearing, however, the appreciation I received from the young widow, as well as from the family of the decedent was as fulfilling as any matter I have pursued in my life, legal or otherwise.
(c)   Estate of Larry Stevens v. Fogle, 96-ES-32-0280. I was successful in taking over another attorney's case, correcting errors and omissions, redirecting the case and ultimately producing a favorable result in court for a client who had given up on my profession and the legal system. The defendant, who was separated from the decedent at the time of his death, said she was being victimized by the decedent's wealthy and influential family. She voluntarily relinquished her rights as personal representative

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after having been ill-advised to assume that legal capacity by a lawyer she had recently fired. Notwithstanding her abstention from the probate proceedings, the new personal representative of the estate had sued her and alleged fraud, misappropriation of estate funds and assets, and neglect of fiduciary duties. The insurance company that issued the original bond had likewise been sued and filed its own counterclaims. A single mother of two emotionally unstable and potentially violent boys, the defendant literally begged me to try to help her. Two years later, she was exonerated before Judge Eckstrom in Lexington County Probate Court. Upon conclusion of the matter being resolved, the defendant, with tears in her eyes, embraced me in front of the Court and opposing counsel and thanked me for finally bringing closure to the most horrible chapter of her life. And for restoring her faith in attorneys and the court system.
(d)   Cromer v. S.C., 917 F.2d 819 (1990). This is the case I brought when I initially ran for the House of Representatives. A twenty-seven-year-old, newly-relocated attorney, I was faced with a situation in my house district where the incumbent representative failed to file for re-election until the last minute of the filing deadline. Moreover, at that moment, he ushered in his hand-picked replacement to file for a primary in which he was to be unopposed. Since the other party filed no candidate for the seat, my home House District was presented with a non-incumbent, unopposed House Representative. I was shocked that the filing deadline, so far in advance of the general election, also applied to independent candidates. If independents were cut off by the same filing deadline as partisans, then dissatisfied voters would have no way of fielding an alternative candidate on the November ballot. I discovered a Supreme Court case, Anderson v. Celebreeze, 460 U.S. 780, 103 S.Ct. 1564, 75 L.Ed.2d 547 (1983), which agreed. Along with the assistance from several of my former professors of the University of South Carolina School of Law, I prepared my lawsuit, joined several other plaintiffs, and brought suit in Federal District Court. All the while, I launched a campaign for the house seat.

Around May 5, 1990, Judge Matthew Perry ruled in favor of the plaintiffs and ordered that I be allowed to collect my petition signatures and be placed on the ballot, provided the petition requirements were met. Attorney General Travis Medlock immediately appealed. Several months later, my appeal was heard


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by the Fourth Circuit Court of Appeals in Richmond, Virginia, before a three-judge panel in order for Judge Perry's decision to be affirmed. The three-judge panel affirmed Judge Perry's decision 30 days prior to the general election. I was placed on the ballot, and won my election by some 57 percent of the popular vote."
The following is Mr. Cromer's account of five civil appeals he has personally handled:
"(a)   Long v. U.S., 958 F.2d 367, 1992 WL 48019 (4th Cir. (S.C.)).
(b)   McGill v. U.S.C., 423 S.E.2d 109 (1997). While my name may not appear as counsel of record, I conducted the bulk of the research and was present to assist the senior partner for this appeal before the South Carolina Supreme Court.
(c)   Gamble v. Manning, 450 S.E.2d 829 (1991). While my name may not appear as counsel of record, I conducted the bulk of the research and was present to assist the senior partner for this appeal before the South Carolina Supreme Court.
(d)   Cromer v. S.C., 917 F.2d 819 (1990).
(e)   Breunig v. Coop's Health & Fitness, 97-CP-23-386 (argued March 7, 2000)."

(9)   Judicial Temperament:
The Commission believes that Mr. Cromer's temperament would be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Mr. J.L. Mann "Bubba" Cromer, Jr., to be a qualified and well-regarded judicial candidate. The committee approves of his candidacy for a circuit court judgeship."
Mr. Cromer reported that he was a member of the following bar associations and professional associations;
"(a)   American Bar Association;
(b)   South Carolina Bar Association;
(c)   Richland County Bar Association;
(d)   California State Bar Association;
(e)   Bar Association for the District of Columbia."
Mr. Cromer provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Lower Richland Ruritan Club, Secretary and Vice-President;
(b)   Recipient of Governor's Order of the Palmetto;
(c)   S.C. Association of Taxpayers Friend of the Taxpayers Award;


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(d)   S.C. Animal Care and Control Association Legislator of the Year;
(e)   S.C. College of Emergency Physicians Representative of the Year;
(f)   The Humane Society/SPCA Legislator of the Year;
(g)   S.C. Pro Bono Service for Indigents Award;
(h)   Member of Dreher High School Foundation;
(i)   Claude M. Sapp Outstanding Law Student Finalist;
(j)   Los Angeles County Bar Assn. Barrister Hospice AIDS Project;
(k)   Hurricane Hugo Relief Effort Coordinator, Dorchester County;
(l)   Sigma Alpha Epsilon Faculty Advisor's Award;
(m)   President- Dreher High School."
Mr. Cromer additionally reported:
"After examining all angles of this opportunity, I concluded that this is not only a job at which I would flourish, but one for which I have spent my life in preparation. I feel that I am worthy of the nomination I am seeking from you out of what is unfolding as a large group of qualified candidates.
Throughout this detailed application, I have illustrated the breadth of my legal experience, from my education, to my multiple admissions, to the diverse practice of law to which I have been exposed over my career. I am proud of my accomplished legal history, and equally confident in my legislative record. Since I feel the latter is directly relevant to my ability to be an exceptional jurist, I will briefly expound on it here.
Whenever given the opportunity, I have seized the chance to dissect and comprehend complex legislation. As staff counsel for L.C.I., I helped draft, modify, and explain the "Choice No-Fault" insurance bill of 1989. The knowledge gained was quite valuable when I returned to the Committee as a member in 1991, and the issue resurfaced. I am not afraid of complicated insurance, commercial or regulatory legislation: I feel that I was very productive while serving on both the Property and Casualty and the Labor and Commerce subcommittees, especially when my Property and Casualty subcommittee was charged with the responsibility of travelling statewide to public hearings to hear disgruntled consumers complaining about the state of car insurance rates in South Carolina, then return to Columbia to draft and pass meaningful legislation that would address those complex concerns.
The most-valuable judicial experience I have received since law school was in my six years of service on the Judiciary Committee. During my first two years, I had the opportunity to stand in and chair our General Laws Subcommittee. A "catch-all" subcommittee of sorts,

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this was the perfect place for me to gain exposure to the wide variety of substantive legislation that flows through Judiciary on a weekly basis. When the Constitutional Laws subcommittee was issued the gargantuan task of restructuring state government, I made a point to be present at every subcommittee meeting, even though I did not serve on it. I did so in order that I be familiar with this most-complicated legislation by the time it reached the full committee.
I was appointed as Chairman of the Ad-Hoc Committee on Court Fines in 1994, where I gained insight into the administrative side of our state court system. I worked closely with the state chairperson of the Clerks of Court Association. I had to immediately familiarize myself with which fines were imposed for what violations of law, why those fines needed modification, and where those monies were directed. I feel this experience with court administration would be especially useful in my performance on the bench.
In 1993, I was appointed to the Welfare Reform Task Force, where I served as chairman of the Welfare Delivery and Accountability Study Group. I was introduced to a new level of legislative complexity when I had to digest the Federal Rules and Regulations of the Department of Health & Human Services, apply them to our current state regulations and practices, and then draft hybrid alternative solutions in an attempt to solve the perceived problems with South Carolina's welfare system.
As Chairman of the Election Laws subcommittee, I oversaw re-apportioning House Districts that had been struck by the Federal Court. I traveled the state to the problematic regions, listened to the citizens' proposals and returned to the Capitol only to tenuously sit with antsy members, loathe to alter the Districts from which they were elected. By factoring in the court's objections, the members' preferences, the citizens' desires, and the topographical limitations, I drafted, proposed and passed a reapportionment plan that withstood the scrutiny of the Federal Court. I am told that my testimony in Federal Court was a key factor in the court's final judgment. This was the first reapportionment plan in over a decade to pass both the legislative and legal hurdles that historically block this contentious issue.
These are merely a few of the many examples of how my legislative record of service exemplified personal traits that can directly develop into valuable judicial skills: The ability to quickly grasp and master complex issues, the talent of formulating solutions that are legally sound, the skill of listening, and the burning desire to shine at the challenge issued me.

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I believe my experience -- from a young man with a scholastic and leadership record in college and law school to a complex civil defense practice in California to a public sector job with the South Carolina Legislature to an associate position in a litigation firm that tries cases throughout the state through four terms in the State Legislature including much experience on the Judiciary Committee to a lawyer on his own with a small general practice uniquely qualifies me for this position I now seek.
If you nominate me and I am fortunate enough to win, I would carry with me to the bench my broad spectrum of experience along with my fundamental fairness; I would strive daily to be a positive reflection on you, the General Assembly, and this great State. Thank you for your consideration."

Diane P. DeWitt
Circuit Court, At-Large Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. DeWitt meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. DeWitt was born on August 25, 1955. She is 45 years old and a resident of Beaufort, South Carolina. Ms. DeWitt provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1983.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. DeWitt.
Ms. DeWitt demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. DeWitt reported that she has made $31.56 in campaign expenditures for printing and envelopes.
Ms. DeWitt testified 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;


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(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. DeWitt testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Ms. DeWitt to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. DeWitt described her past continuing legal or judicial education during the past five years as follows:
(a)   10-29-99     Tort Law Update;
(b)   06-12-99     S.C. Bar Annual Meeting;

Family Law Section/Misuse of Computers;
(c)   05-14-99     How to Try a Wreck Case;
(d)   01-22-       S.C. Bar Mid Year Meeting;

01-23-99     Employment & Labor Law Section;

Family Law Section;

Solo & Small Firm Practitioners;

Business Valuation Seminar;
(e)   11-07-98     Ethics for Family Law Practitioners;
(f)   11-06-98     Family Court Bench/Bar;
(g)   10-23-98     Persuasion and Communication in the Courtroom;
(h)   10-02-98     Traffic/DUI: Confused About the Changes;
(i)   08-28-98     Domestic Practice: Hot Tips;
(j)   07-10-98     Child Protective Services Act;
(k)   03-21-97     Hidden Issues in Cases Involving Children;
(l)   12-06-96     1996 Family Court Bench/Bar Update;
(m)   11-08-96     Auto Insurance Update;
(n)   04-12-96     Understanding the New S.C. Criminal Rules;
(o)   01-12-96     Worker's Compensation Practice in S.C.;
(p)   11-17-95     Marital Litigation Update;
(q)   08-24-95     The Proposed New S.C. Rules of Evidence;
(r)   01-07-95     Civility in the Profession;
Ms. DeWitt reported that she has taught the following law-related courses:
"(a)   "H ot Tips" Domestic Relations, S.C. Bar CLE, Columbia, S.C., Corroborating the Client's Story. September 24, 1999. Discussion of Rule 11, ethical requirements and practice tips for obtaining corroborating evidence;


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(b)   Domestic Violence-Civil and Criminal Remedies. CODA Shelter Support Group, Beaufort, S.C., July 1999;
(c)   Beaufort Police Department Reserve Officer Training. Beaufort, S.C., June 1999. Four 4-hour classes on constitutional law, law of arrest, search and seizure, and ethics;
(d)   Legal and Ethical Issues in Management. Webster University, Beaufort, S.C., MA/MBA program. Spring & Fall 1993, Fall 1992. Topics covered included ethical issues involving defective products, false advertising, environmental hazards, contract negotiations and mergers, price fixing and union organization, as well as legal consequences and principles that applied to the situations studied;
(e)   Business Law. Webster University, Beaufort, S.C., MA/MBA program. Spring 1994. Topics covered included forms of business organizations, contract law, negligence, Fair Labor Standards Act, Sherman Antitrust Act;
(f)   Criminal Evidence. Technical College of the Lowcountry, Beaufort, S.C., Fall 1993. This course covered the South Carolina and federal rules of evidence, as well as some constitutional law. Used factual situations and court decisions to teach the hearsay rule and exceptions, Miranda rights and waiver, admissibility of statements of defendants and witnesses, competency of witnesses, admissibility of prior bad acts and prior record of defendant;
(g)   Family Law. Technical College of the Lowcountry, Walterboro, S.C. Summer 1987. This course covered South Carolina statutory and case law on jurisdiction, venue, Uniform Child Custody Jurisdiction Act, divorce grounds and defenses, annulment, adoptions, common law marriage, equitable division, custody factors. Also drafted pleadings;
(h)   Interviewing and Counseling. Technical College of the Lowcountry, Walterboro, S.C. Fall 1987. This course ta ught interviewing techniques required to elicit information from clients and witnesses by paralegals assisting lawyers in case preparation, including financial information, history, present needs. Also counseling clients on services available through other agencies such as women's shelter, DSS. Examples used for social security cases, domestic relations and bankruptcy cases. Included lectures on confidentiality and ethics;
(i)   Criminal Law. Technical College of the Lowcountry, Walterboro, S.C. Spring 1988. This course taught procedural law from time of

Printed Page 2773 . . . . . Friday, May 5, 2000

arrest through appeal. Also elements and penalties of most common crimes, and law applicable in death penalty cases;
(j)   History of Beaufort Public Defender's Office. Port Royal Rotary Club, Port Royal, S.C. September 1996. History, staffing, case load and funding from 1973 to present;
(k)   The Importance of Education for Women. Battery Creek High School, Beaufort, S.C. February 1996. Lecture on educational and career opportunities and earning potential;
(l)   Careers in the Legal Profession. Career Focus Day, Technical College of the Lowcountry, Beaufort, S.C. August 1995. Lecture on educational and career opportunities, earning potential and public service opportunities for lawyers;
(m)   Best Budget Proposals. S.C. Public Defender Association Conference, Myrtle Beach, S.C. September 1994. Obtaining and managing funding, operating within budgets, documenting and presenting funding needs;
(n)   Insanity Defense. U.S. Law, WHHI-TV, Hilton Head Island, S.C. February 1994. Discussed elements of insanity defense in South Carolina, procedure after verdict;
(o)   Women and the Law. Women's Equality Day, Marine Corps Air Station, Beaufort, S.C. August 1993. Opportunities in the legal profession for women;
(p)   Criminal Justice System. Panel Member, Leadership Beaufort, Beaufort, S.C. February 1993, January 1992, January 1991. Discussed procedures (arrest through trial) and role of defense counsel;
(q)   Pre-Trial Motions Practice. Public Defender Training Conference, Columbia, S.C. August 1992. Suppression motions (procedure and law), search and seizure issues, eyewitness identification, admissibility of confessions;
(r)   Press Access to Juvenile Hearings. Public Defender Training Conference, Columbia, S.C. April 1991. First Amendment v. Defendant's rights, procedure, burden of proof, factors;
(s)   Juvenile Transfer Hearings. S.C. Public Defender Association Conference, Myrtle Beach, S.C. November 1990. Lecture on statutory requirements, case law, procedure, evidence at transfer hearings."
Ms. DeWitt reported that she has not published any books and/or articles.
(4)   Character:

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The Commission's investigation of Ms. DeWitt did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. DeWitt did not indicate any evidence of a troubled financial status. Ms. DeWitt has handled her financial affairs responsibly.
The Commission also noted that Ms. DeWitt was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:
Ms. DeWitt reported that she is not rated by Martindale-Hubbell.

(6)   Physical Health:
Ms. DeWitt appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental Stability:
Ms. DeWitt appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:
Ms. DeWitt was admitted to the South Carolina Bar in 1983. She described her legal experience as follows:
"Neighborhood Legal Assistance Program, Walterboro, South Carolina (serving Hampton and Colleton Counties). Hired as staff attorney in Fall 1983, served as managing attorney from 1984 until June 1988. Represented clients at social security, FmHa, employment security commission, VA and DSS administrative hearings, appeals of ALJ decisions to state and federal courts. Also represented tenants in Magistrate Court evictions, defendants in foreclosures in Federal Court, foreclosures, collection actions and claim and delivery actions in Common Pleas. Brought claims against landlords under S.C. Landlord Tenant Act, filed claims under Consumer Protection Code, Fair Debt Collection Act, and with Manufactured Housing Board. Filed an action in Probate Court on behalf of a deaf client seeking a redetermination of his competency, permission to handle his own funds and specific accounting. Some involvement with actions to quiet title and other real estate matters. Also represented clients in Family Court. Family Court and Probate Court appointments. These files are not available to me for purposes of obtaining details on procedural history. I also supervised


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and trained staff attorneys and paralegals, maintained records required under federal regulations, and served as co-counsel on assistants' cases.
Beaufort County Public Defender Office, Beaufort, South Carolina. Hired as Deputy Public Defender in June 1988, served as Chief Public Defender from July 1988 until April 1993. Represented defendants in General Sessions and juveniles in Family Court. Also represented adults in Magistrate Court on related charges, and at extradition hearings. Appointed as counsel for witnesses on occasion and in DSS abuse and neglect proceedings when connected to criminal charge. Served as counsel in civil commitment and/or release proceedings for defendants previously found not guilty by reason of insanity, and in criminal contempt proceedings. Investigated cases, negotiated pleas or tried cases as necessary. I also hired, trained and supervised staff, served as co-counsel on assistant public defender cases. Prepared and presented budget requests, reported to Public Defender Board, and had other administrative duties. In five years as public defender, I represented clients on approximately 2,000 warrants. Defendants were represented by the Office of Appellate Defense on all appeals.
Private Practice, Law Office of Diane P. DeWitt, Beaufort, South Carolina. April 1993 - present. Criminal trial practice includes representation of defendants in General Sessions and Magistrate Court, occasional appearances before U.S. Magistrate and military tribunals. Also representation of persons being investigated for criminal activity but not yet charged and have been retained at times to represent victim's interests, probation and parole hearing violations. Civil trial practice includes representation of persons injured in automobile accidents, claims for violation of civil rights, negligence actions, breach of contract; defense of collection actions and other actions for damages; have brought and defended contempt motions and applications for restraining orders; represent inmates on PCR actions as appointed or retained, defense of forfeitures, and in Magistrate Court appeals. Representation of landlords and tenants in eviction actions; serve as guardian in probate appointments for minors and incompetents; serve as guardian for John Does in quiet title actions. Also represent clients in every type of case in Family Court, represent persons at social security administrative hearings and through appeals process in U.S. District Court. Basic real estate work related to conclusion of property divisions in divorce cases. Draft leases, contracts, promissory notes, powers of attorney, prenuptial agreements, other documents. Have appealed denial of medical benefit payments through CHAMPUS and BC/BS

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administrative appeal process. All real estate closings, estate administrations, worker's compensation, employment discrimination/harassment, medical and attorney malpractice cases are referred to outside counsel due to limits on my time, resources and staff capabilities."
Ms. DeWitt further provided the following representative list of her cases:
"Criminal Cases as Chief Public Defender:
State v. Seabrook, 90-GS-07-933, 934. Distribution of Crack Cocaine/Possession with Intent to Distribute. Throw down case. Main issues at trial were identification of Defendant by Officer and CI, reliability, prior record of CI, motion to reveal the deal, alibi defense. Convicted.
State v. Chris Franklin, 425 S.E.2d 758 (S.C. App. 1992) Reh. Den., Cert. Den. 15-year-old charged with Murder (2 cts.) of father and stepmother and Grand Larceny. Transfer hearing in Family Court. Motion to quash indictments granted on grounds jurisdiction still in Family Court. Reindicted. Issues at trial were competency, argued a motion to change venue, motions to suppress statements, competency of two child witnesses, admissibility of statements made by deceased stepmother, admissibility of opinion evidence of defense expert, admissibility of Defendant's juvenile criminal record, requests to charge manslaughter, self-defense and battered child's defense. Convicted of Murder (2 cts.), acquitted of Grand Larceny.
State v. Antonnier Adolphe, 314 S.C. 89, 441 S.E.2d 832 (Ct.App. 1994). Defendant was tried on indictments for two counts trafficking in crack cocaine and sale of crack cocaine. Search warrant for stash house obtained based on information from street suspect who had been arrested after he assisted in a purchase of crack for a wired confidential informant at a separate location. Defendant Adolphe and others were at the stash house at time search warrant executed. Drugs and other evidence found in stereo speakers. Street suspect taken to stash house and identified Adolphe as seller of crack at first location. All defendants but Adolphe posted bond and fled prior to trial. Co-defendant cases were severed. Adolphe was tried on trafficking indictments only. At trial, motion to suppress testimony of crack sale as evidence of prior bad acts denied; motion to suppress eyewitness identification by street suspect of Adolphe as drug seller denied; motion to suppress all evidence on basis search warrant affidavit did not support probable cause denied; motion to suppress evidence on grounds inventory and officers' testimony not specific as to location

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individual items of evidence were found denied; motion to suppress all evidence and testimony mentioning Defendant' s nationality as Haitian was denied. Court of Appeals reversed Defendant's conviction on grounds the search warrant should not have been issued because the affidavit coupled with the Johnson hearing failed to supply facts creating probable cause. There was no showing of the confidential informant's reliability and the informant's allegations were never corroborated by any identifiable individuals. Good faith exception inapplicable if the underlying affidavit does not include sufficient information to allow a magistrate to determine probable cause. Evidence seized must be suppressed. Other issues raised, not addressed by Court of Appeals.
State v. Hutson, 91-GS-07-443. Criminal Sexual Conduct with a Minor 1st Degree. Motions to exclude witness testimony of child's statements as being hearsay/bolstering outside scope of res gestae exception to hearsay rule. Cross examination of medical experts. Request to charge lesser included offenses and ABHAN.
State v. Frazier, 92-GS-07-2015. Armed Robbery. Hearing on motion to suppress eyewitness identification based on improper police procedures denied. Alibi defense. Request to charge common law/strong armed robbery denied. Acquitted.
State v. Rhoe, 92-GS-07-1381. Armed Robbery. Hearing on motion to suppress witness identification denied. Expert testimony on witness identification presented. Alibi defense. Convicted of Common Law Robbery.
State v. Smalls. Trafficking in Crack Cocaine. Motion for State to produce CI/provide additional information of whereabouts pursuant to State v. Diamond and other cases. Motion to continue so defense could find CI as potential defense witness. Denied. Motion to suppress tape and testimony received from CI who was not present to testify was granted. Convicted. Distribution of Crack dismissed because CI could not be found.
State v. Brown, 92-GS-07-991. Armed Robbery. Motion to suppress witness identification denied. Alibi defense. Convicted of Common Law Robbery.
State v. Tyrone Jenkins, 322 S.C. 414, 472 S.E.2d 251 (1996), reversing State v. Tyrone Jenkins, 317 S.C. 183, 452 S.E.2d 612 (Ct.App. 1994), rehearing denied. Defendant was convicted by a jury of first degree burglary, acquitted on the related grand larceny indictment. Motion to suppress Defendant's oral statements to officer was made on three grounds. First, the Defendant's Miranda waiver was not

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voluntarily or knowingly made because he was under the influence of crack cocaine at the time warnings, waiver and statement given as shown by officer's own testimony and by Defendant's testimony at Jackson v. Denno hearing. Second, the Defendant's statement that he did not commit the burglary, he just ran a school for burglars was not admissible under the Lyle "bad acts" exception because there was no evidence this burglary was connected to any other burglary. Third, the introduction of Defendant's burglary school statement was unduly prejudicial. Motion to suppress was denied. Court of Appeals upheld conviction and admissibility of statement as evidence of common scheme or plan. Supreme Court reversed. No evidence of similarity of burglaries, or common scheme or plan. Testimony clearly prejudicial as other evidence of guilt far from overwhelming.
State v. Swinton. Burglary 1st and Grand Larceny. Motion for directed verdict denied. Acquitted. Numerous indictments. Tried on one case. Multiple other indictments dismissed.
State v. Albany. Sale of Crack Cocaine. Credibility of CI in question. Motion to produce CI's complete criminal record granted. Acquitted.
State v. Howard, 92-GS-07-2168. Pointing a Firearm. Conflict in Complainant/Defendant versions of facts. Convicted.
State v. Gilbert, 91-GS-07-1239. Possession with Intent to Distribute Crack Cocaine. Throw down case. Acquitted.
State v. Heyward. Burglary 2nd Degree, Armed Robbery. Motion to suppress witness identification. Motion to suppress evidence seized on grounds of invalid search warrant. Denied. Alibi defense and expert witness presented by defense on eyewitness ID problems. Convicted.
State v. Priester, 93-UP-280 (S.C. Ct. App. dated Nov. 2, 1993). Distribution of Crack Cocaine. Motion to suppress identification. Alibi defense. Objection to reply testimony by jailhouse informant that he had bought drugs from Defendant on previous occasions for which Defendant was not charged. Prior to reply testimony, Court granted defense motions for witness record and motion to reveal the deal. Conviction reversed on appeal. Reply testimony not admissible.
State v. Yarrington, 92-GS-07-0002. CSC 1st Degree. Strictly facts. Consent defense. Not guilty.
State v. Anderson, 91-GS-07-412, 413, 414. Kidnapping, CSC 1st Degree, Armed Robbery. Motion to suppress statements, motion to suppress witness identification of Defendant. Alibi defense. Presented experts on eye witness identification and chemist to refute State's

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experts on clothing analysis and hair samples. Directed verdict on Armed Robbery. Allen charge. Hung Jury. Mistrial. Retried. Convicted.
State v. Prince, 90-GS-07-2216. Decedent's body found in young mother's mobile home while she was incarcerated on unrelated charges. Pre-trial motion to suppress testimony of four-year-old son as State's witness on grounds that he was not competent to testify. Reputable psychologist testified for defense that child was not competent. Child had been tested and interviewed on four different occasions and was functioning on about a two-year-old age level. Also testified that child had been improperly questioned repeatedly by police, social workers and lawyers. Judge denied motion. Also motion to suppress Defendant's statement due to violation of 6th Amendment granted. Defendant acquitted.
State v. Jenkins, 88-GS-07-835. Murder. Motion to disclose criminal record of Co-Defendant testifying as State's witness and to reveal the deal. Duress defense. Acquitted.
State v. Williams, 90-GS-07-2046. Voluntary Manslaughter. Motion for criminal records on all State's witnesses granted. Defense of others presented. Acquitted.
State v. Singleton, 91-GS-07-701. Murder. Motion to suppress statement, suppress evidence obtained as a result of statement, motion to exclude photographs of body as being unduly prejudicial. Request for instruction on self-defense denied. Convicted.
State v. Allen, 91-GS-07-1700, 1701. Assault and Battery with Intent to Kill (2 cts.). Numerous witnesses to fight testified for State and defense. Evidence of Defendant's good character introduced. Self-defense case. Convicted.
State v. Bostick, 86-GS-07-812, 813. Forgery (2 cts.). Eyewitness ID and handwriting expert case. Pled after State's case concluded.
State v. Manigault. Murder, Armed Robbery and Conspiracy. Two Co-Defendants, one testifying for State. Motion for redaction of Co-Defendant' statements under Bruton. Motion for severance on grounds 2nd Co-Defendant's testimony in her own defense concerned other bad acts of my client for which he had never been charged and were not similar or related in any way to Murder charge. Her testimony would have been unduly prejudicial and was not admissible. Severance motion granted. Indictment dismissed after Co-Defendant acquitted. Plea on unrelated charges.
State v. Woods, 91-GS-07-654. Murder. Battered Woman's Defense. Alford plea to Manslaughter, suspended sentence.

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State v. Evans, 90-GS-07-1512, 1511, 1513. Kidnapping, Armed Robbery, and CSC 1st (2 cts.). Insanity defense. Found not guilty by reason of insanity. Civil Commitment Hearing.
State v. Johnson, 92-GS-07-1354. Murder. Found not competent at first hearing. Later determined not guilty by reason of insanity. Confined to State Hospital at civil commitment hearing.
Representative Criminal Cases While in Private Practice - Last 5-6 Years:
State v. Russell, 88-GS-07-1397. Retrial of Defendant previously convicted of Manslaughter at trial on Murder indictment. Was granted new trial on PCR. Second trial issues: motions to suppress statement, admissibility of State's witness' criminal record and character evidence of other bad acts, admissibility of Defendant's prior record, request for self-defense instructions. Defendant acquitted. Co-Counsel on this case.
State v. Livingston, 327 S.C. 17, 488 S.E.2d 313 (1997). Client arrested and indicted for Reckless Homicide. Later indicted for Felony DUI. Trial on both indictments. Motion to continue denied, motion to limit police presence in courtroom denied. Motion to suppress Defendant's statement granted. Objection to coroner's lay testimony on Defendant being "under the influence" denied. Motion to suppress drug analysis on basis BA not offered or refused denied. Objection to Solicitor's introduction of victim impact testimony by victim's husband and photograph denied. Motion to require State to elect which indictment to proceed on denied. Motion for directed verdict on Felony DUI denied. Convicted of Felony DUI, acquitted of Reckless Homicide. Supreme Court reversed. Admission of victim's husband's testimony to effect they were both police officers, newlyweds and wedding photo was irrelevant, highly inflammatory and prejudicial. Not harmless error as urinalysis inconclusive as to whether Defendant was driving under influence of marijuana.
State v. Heyward, 94-GS-15-380, 381. CSC with Minor 1st, Lewd Act on Minor. Motion to require State to elect which indictment to proceed on denied. Motion to suppress identification as tainted by improper photo lineup identification. Motion to suppress testimony of victim from prior case alleging CSC with Minor wherein Defendant pled to ABHAN. Motion to suppress and objection made on grounds no similarity in crimes or evidence of common scheme or plan. Denied. Motions to determine competency of State's witness and for criminal record of State's witness granted. Alibi defense presented. Motion for directed verdict denied. Acquitted.

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State v. Wright, 98-GS-07-1083, 1085, 1084. Possession of Pistol by Felon, Possession with Intent to Distribute Marijuana, Sale of Marijuana. Client was present in trailer with 8 others when search warrant was executed. Only he and one Co-Defendant arrested. Marijuana and gun in bathroom near Defendant. Sale from trailer at prior time one reason for search warrant. Filed motions to disclose CI record, motion to reveal the deal. Prepared for trial instructions on mere presence, simple possession, voir dire, motion to suppress search warrant on staleness grounds, lack of credibility of CI. Prior to call of case, motion to quash gun charge granted on ground facts set forth in indictment did not meet elements of 16-23-30. Defendant's prior conviction for possession of crack not a violent offense. Sale of Marijuana dismissed by Solicitor. CI could not be found and Defendant obviously did not meet detailed description of drug seller as set forth in report. Plea to Possession WITD Marijuana. At sentencing, motion to sentence Defendant as a first offender due to Baldazar argument was granted. Defendant had no attorney on plea to simple possession of crack which was entered on day after release from mental hospital. Although he did not get time at original plea, Defendant was on probation and facing imposition of suspended sentence since the new plea to Possession WITD Marijuana was a violation of probation. Documentation provided to Court, plus evidence that the crack case was weak. If Defendant had counsel in that case, he would not have pled. Based on facts of case ("Defendant in wrong place at wrong time"), weight of marijuana and recommendation of continued probation by agent, Defendant received suspended sentence. Would have filed PCR application on crack conviction but statute of limitations had run.
State v. Miller, 95-GS-27-0088. Murder. Shootout at night club. Motion to change venue denied. Motion to suppress Defendant's statement on 5th and 6th Amendment grounds, motion to suppress gun and ballistics evidence as being "fruit of poisonous tree" - ob tained as a result of illegally obtained confession. Denied. Other issues/objections on admissibility of prior bad acts/character of State's witness. Request to charge self-defense denied. Convicted.
State v. Hardy, 94-GS-07-2108. Failure to Stop for Blue Light, Possession of Crack Cocaine, Possession within 1/2 Mile of a Park. Tried on all indictments. Suppression motion on grounds no probable cause to stop vehicle. Motion to suppress evidence/testimony of other bad acts for which Defendant had not been charged granted. Motion for

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directed verdict granted as to Possession and Possession within 1/2 Mile of Park. Necessity defense on Failure to Stop. Convicted.
State v. Blake, 99-GS-07-602. Indicted for Kidnapping, CSC 1st. Consent defense. Prepared for trial, including cross of DNA expert - motion to determine Defendant's competency based on mental retardation report, motion to suppress Defendant's statements, motion to disclose victim's criminal record. Indictments dismissed. Client reindicted for Violation of S.C. Code Section 44-23-1150 Unlawful for a Correctional Officer to Have Sex with an Inmate. Plea, suspended sentence.
State v. Patton, 94-GS-07-660. DUI 2nd, DUS, Open Container. Acquitted of DUS at Mag. bench trial. Acquitted of Open Container at Mag. jury trial. Jury trial on DUI 2nd. No BA. Cross on field sobriety tests. Acquitted.
State v. Tapley, Warrant Nos. E132237, 40, 41, 42. Unlawful Carrying of Pistol (4 cts.). Plea for suspended sentence after jury selection and opening arguments.
State v. Lingard, Warrant Nos. D725578, 77. Armed Robbery, Grand Larceny Motor Vehicle. Ran client on polygraph. Prepared for trial. Plea to Accessory After Fact. YOA suspended. Agreement to testify for State against Co-Defendants.
State v. Lucas, 97-GS-07-1874, 1875, 1876. Kidnapping, Spousal Sexual Battery, CDVHAN and Probation Violation. Several bond hearings. Prepared for trial. Probation revoked. Plea to Mag. level CDV, 30 days concurrent with probation revocation. Kidnapping/Marital Rape dismissed.
State v. Carter, 96-GS-07-1874, 1875. Kidnapping, ABIK. Unusual facts. Prepared for trial. After jury selection, client entered negotiated Alford plea to ABHAN. Suspended sentence and restitution for medical bills. Kidnapping charge dismissed.
State v. Heflin, 94-GS-07-2086. ABIK. Knife fight with self-defense. Jury trial. After several of State's witnesses testified, Defendant was offered plea to ABHAN, no restitution. 5 years concurrent with parole revocation.
State v. Patton, 95-GS-07-0044. DUI 2nd. Jury trial. No BA. Usual cross examination on field sobriety tests. Mistrial - hung jury. Nolle prossed.
State v. Barnwell. Failure to Stop for Blue Light, DUI. PTI on Blue Light/Jury trial on DUI.

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State v. David M. juvenile. Violation of School Safety Act (2 cts.). Threats to teachers. Trial on one charge, guilty. Plea on other petition.
State v. Wagner. Burglary 1st, GL, CDV. No probable cause. Dismissed at preliminary. CDV dismissed. Husband accused of breaking in his own house and taking property of the marriage.
State v. Simmons. Dist. Crack Cocaine, Poss. WITD Crack Cocaine. Dismissed at prelim. Mere presence defense. Indicted and nolle prossed.
State v. Reynolds. DUI. Client acting pro se had been convicted by jury of DUI. Filed motion for new trial based on inadmissibilty of evidence. Motion granted. At second trial jury deadlocked, mistrial granted. At third trial, Defendant acquitted. Issues on chain of custody, admissibility of blood test results.
State v. Brinson. DUS 4th, Probation Violation. Plea for time served. Probation terminated.
State v. Evans. Accused of being part of a shoplifting ring. Receiving Stolen Goods and GL. PTI.
State v. Stegall. DUS 1st and DUI 2nd. Motion to dismiss DUS on grounds Defendant was a Georgia resident, with valid Georgia driver's license. S.C. suspension period had ended. Granted. Jury trial on DUI. Credibility of witnesses at issue. Convicted.
State v. Simmons. Distribution of Marijuana. Motion to disclose CI. Credibility of CI at issue. Entrapment defense. Plea for suspended sentence.
State v. Bunton. DUI. Plea.
State v. C.L. Client being investigated for embezzlement. Resolved through negotiation with employer. Not charged.
State v. Simmons. Harassing Telephone Call. Dismissed at preliminary hearing.
State v. Parsons. Assault and Battery. Dismissed by Complainant prior to trial.
State v. Chandler. Assault and Battery with Intent to Kill. Dismissed at preliminary hearing, no probable cause. Mag. Court bench trial on Malicious Injury to Personal Property. Not guilty.
State v. Dudley. Armed Robbery (4 cts.), Probation Violation. Plea to one count Common Law Robbery, 8 years concurrent with probation violation.
State v. Galloway. Speeding Ticket. Mag. Court bench trial.
State v. Baker. Alleged embezzlement of fines from Mag. office. Inconclusive audit report. Defense required knowledge of Mag. Court

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administrative reporting, division of fines, accounting and auditing principles. PTI with some restitution.
State v. Pendel. Petit Larceny. Restitution. Charge dismissed.
State v. Osborne. Unlawful Possession of Pistol - Under 21. Plea. Intimidation of a witness. Dismissed. Mag. Court - Discharging Firearm in City, Receiving Stolen Goods. Dismissed.
State v. Reese. Possession of THC with Intent to Distribute, Possession with Intent to Distribute Mushrooms. Bond hearing. Analysis showed no illegal substance. No billed.
State v. Capers. Unlawful Telephone, Stalking. PTI.
State v. Halker. Pointing a Firearm. Dismissed at preliminary hearing.
State v. Stafford. Parole hearing. Serving time for probation revocation CSC with Minor, which had involved consensual sex with teenage girlfriend. Obtained affidavits from victim and her mother for parole hearing.
State v. Mosley. Conspiracy to Traffic in Counterfeit Cocaine. Indicted as Conspiracy to Violate Drug Laws. Client riding in car with numerous people after passenger sold fake dope to undercover officer for large sum. Dismissed.
State v. Evans. GL Auto. Charge changed to Use Without Permission at preliminary hearing. Dismissed by victim.
State v. Pruitt. Distribution of Crack Cocaine. Mere presence defense. Dismissed.
State v. G.S. Represented Marine in base investigation of alleged Florida rape. Private polygraph and NIS polygraph run. Cleared by military police. Obtained co-counsel in Florida who represented client at bond hearing and preliminary hearing wherein charge was dismissed based on S.C. NIS investigation provided to Florida law enforcement.
State v. Manbeck. DUI. Attended BA refusal hearing - favorable ruling. DUI trial. Convicted.
State v. Peter P. Florida probationer in S.C. in violation of probation to care for children who were here. Requested and coordinated transfer of probation from Florida to South Carolina by obtaining necessary verification of circumstances. Dismissed Florida violation citation through agency cooperation.
State v. Davis. DUI/DUS 3rd. Convicted in Mag. Court on DUI. Plea to DUS 2nd, fined.
State v. Osborne. Possession of Alcohol by a Minor, DUS. Bench trial. Not guilty DUS. Guilty alcohol possession.

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State v. Hall. Bench warrant on DUS 3rd. Vacated bench warrant. Plea to DUS 2nd.
State v. Mullins. CDV. Mag. trial. Acquitted.
State v. Smith. DUI, DUS, Open Container. Jury trial. Directed verdict DUI. Plea to other charges.
State v. Ward. Possession of Crack with Intent to Distribute. Throw down case. Entered drug treatment program. Plea, suspended sentence.
State v. Jackson. DUI. Trial in Mag. Court. Convicted.
State v. Yates. Assault and Battery. Bench trial. Not guilty.
State v. McKinnon. DUS 3rd, Possession of Cocaine. Search issue. Lab report negative for drugs. Plea to DUS 2nd.
State v. Washington. Assault and Battery with Intent to Kill. No evidence client involved. Dismissed by Complainant.
State v. Smalls. Assault and Battery with Intent to Kill. No evidence client involved. Dismissed by Complainant.
State v. Goodsen. Possession with Intent to Distribute Crack Cocaine. Plea to Possession of Cocaine.
State v. Heflin. Indecent Exposure (4 cts.). PTI.
State v. Frioux. Trespassing, Unlawful Possession of Firearm. Distraught father arrested after going to retrieve daughter from her boyfriend's house. Bench trial on Trespassing. Not guilty. Gun charge dismissed.
State v. Jansen. Possession of Beer by a Minor, False Information to Police, Fake ID. College student. PTI.
State v. Hucker. Possession of Beer by a Minor, False Information to Police, Fake ID. College student. PTI.
State v. Seaver. Assault and Battery, Simple Possession of Marijuana, Possession of Drug Paraphernalia. Plea to A&B, 1 day time served. PTI on drug charges.
State v. Buckner. CSC 1st. Dismissed by Complainant.
State v. Buckner. Distribution of Crack Cocaine (2 cts.), Possession with Intent to Distribute Crack Cocaine. Dismissed when client pled to other charges.
State v. Housey. Sale and Distribution of Crack Cocaine, Sale of Marijuana (2 cts.). Plea to Sale of Crack Cocaine, marijuana charges dismissed. Imperfect entrapment defense. Defendant with psychiatric problems acted as unwitting CI for undercover cop in accommodation crack sale. Suspended sentence.

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State v. Goodson. DUS 3rd. Reduced to DUS 2nd. Plea.
State v. Ladson. Distribution of Crack Cocaine, Grand Larceny. GL dismissed, no p.c. Prepared for trial on drug charge. Informant could not be found.
State v. Slagel. Grand Larceny. Lack of evidence to convict, possible fraudulent claim by victim. Dismissed.
State v. Seaver. ABHAN (2 cts.). Resolved one case through Complainant's attorney - paid medical bills, charge dismissed. Other Complainant failed to appear when case called for trial. Dismissed.
State v. McCaleb. CDV. Dismissed upon conclusion of custody litigation.
State v. Osborne. Shoplifting, Trespassing. Restitution. Charges dismissed by store owner.
State v. Randalls. Unlawful Possession Pistol/Under 21. PTI.
State v. Patilla. Possession with Intent to Distribute Cocaine, Unlawful Possession of Liquor, Simple Possession of Marijuana. Plea to Possession of Cocaine, suspended sentence. Time served on Mag. charges. Consent search of vehicle.
State v. Washington. Breach of Trust with Fraud. Intent/Obtaining Goods under False Pretense. Restitution paid. Dismissed.
State v. Simmons. Criminal Sexual Conduct with Minor 2nd Degree. Problems with medical evidence and credibility of Complainant. PTI.
State v. Steven G. Indecent Exposure. Petition dismissed. Child urinating in yard while playing. Neighbor called police.
State v. Bazemore. Burglary 2nd (3 cts.), GL (3 cts.). Plea to Burglary 2nd, Petit Larceny. Other indictments dismissed.
State v. O'Hara. Leaving Scene of Accident, Improper Backing. Dismissed on basis of witness affidavits obtained.
State v. Brian R. Juvenile. Burglary 2nd, Grand Larceny, Receiving Stolen Goods, Indecent Exposure. Extensive mental health problems and treatment record. R&E and probation.
State vs. Hollman. CDV, ABHAN. Convicted of CDV on bench trial. ABHAN dismissed by Complainant.
State v. Mullins. CDV. Not guilty at bench trial.
State v. Desai. Contributing to Delinquency of Minors (3 cts.), Sale of Cigarettes to Minors. PTI
State v. Fields. B&E Auto, P/L. Motion to suppress eyewitness ID. Alibi defense. B&E dismissed. Plea to P/L.
State v. Priest. CDV. PTI

Printed Page 2787 . . . . . Friday, May 5, 2000

State v. Ruth. Forgery, P/L. Restitution paid. Charges dismissed.
State v. Dangerfield. DUI trial. Hung jury, mistrial. Motion to dismiss based on testimony at first trial granted.
State v. Desai. Speeding ticket. Bench Trial-Not Guilty.
State v. Wright. Armed Robbery. Eyewitness ID case. Perfect alibi. Obtained verification Defendant was in prison in Delaware at time this armed robbery occurred in S.C. Charge dismissed. Vacated bench warrant on old crack sale indictment which was dismissed.
State v. Harvey. Assault and Battery. Ex-wife/new wife fight. Jury trial. Convicted.
State v. Russell. DUI 2nd. Plea.
State v. Angela S. Juvenile probation violation.
State v. Ferguson. Possession with Intent to Distribute Crack Cocaine. Client a passenger in vehicle stopped for speeding. Mere presence defense. Dismissed at preliminary hearing.
State v. Dashi. Possession of Sawed-Off Shotgun, Possession with Intent to Distribute Crack Cocaine, Possession with Intent to Distribute within 1/2 Mile of School, Carrying a Concealed Weapon. Police called to house in reference to domestic dispute. Told Defendant and friend to leave, put on jeans girlfriend handed him, grabbed bags belonging to him and friend. Searched as leaving. Crack in jeans. Claimed lack of knowledge, not his pants or bag. Petition for PTI denied. Plea to 2 indictments. Others dismissed.
State v. Client. Insurance Fraud investigation. Resolved with restitution and civil penalty. Memorandum of Understanding entered. No criminal action pursued.
State v. Fennell. CSC with Minor. Grand jury requested victim and parent appearance. Failed to appear 3 times. No billed.
State v. Shelton P. Juvenile. Bomb threat (2 cts.). Client a resident of Kentucky. Not wanted back in state to try case. Petitions dismissed.
State v. Hill. Transfer of alcohol to a minor. Pending.
State v. Gadson. Trafficking Crack Cocaine, Conspiracy to Traffic, Possession of Crack, Unlawful Possession Pistol, Assaulting Police Officer, Resisting Arrest. Three different cases involving probable cause to stop vehicles, consent to search, validity of search warrant. Negotiated plea to Possession with Intent to Distribute, 18 years. Other indictments dismissed.
State v. Greene. Possession Cocaine, Simple Possession Marijuana, Resisting Arrest. Cocaine lab report negative, charge dismissed. Validity search warrant and legality of search procedures in

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question. Co-Defendant claimed marijuana. Resisting Arrest dismissed since Defendant was shot by police during arrest and lost his civil suit.
State v. Baughman. Possession with Intent to Distribute Crack Cocaine, Possession with Intent to Distribute Marijuana. Lab report negative for crack cocaine. No probable cause for search warrant. Dismissed.
State v. Harrell. Possession with Intent to Distribute Crack Cocaine, Possession with Intent to Distribute Marijuana. Lab report negative for crack cocaine. No probable cause for search warrant. Dismissed.
State v. Boyles. ABHAN. Dismissed by Complainant upon resolution of custody case.
State v. Suzanne A. Juvenile. Assault and Battery. Girl fight. Plea, probation, essay and apology.
State v. Roger C. Juvenile. Burglary 2nd, Grand Larceny. R&E, evaluation, probation, restitution.
State v. Corley. Conspiracy to Commit Grand Larceny. Vacated bench warrant. Indictment dismissed upon review of case with Solicitor.
State v. Robert W. Juvenile. GAL Appointment for fifteen-year-old accused of CSC 1st on younger sister. Approved plea to Lewd Act. Sexual offender treatment.
State v. Burns. CDV. Dismissed by Complainant.
State v. Kari T. Juvenile. Possession Weapon on School Grounds. EH student. Suspended R&E, probation.
State v. Granet. CDVHAN. Complainant moved to California. Dismissed.
State v. Skipper. Indecent Exposure. PTI.
State v. Jamar S. Juvenile. Grand Larceny. Plea R&E, evaluation and probation.
State v. Sparta. Contributing to Delinquency of a Minor-Attempted CSC with a Minor. Pending.
State v. Chaplin. Resisting Arrest, Possession with Intent to Distribute Crack Cocaine, Probation Violation. Videotape case. Negotiated plea concurrent with probation violation. Client fled. Bench warrant issued.
State vs. Charleton. Petit Larceny. Pending.
State v. Singleton. DUS 3rd. Reduced to DUS 2nd per driving record. Plea, fined.

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State v. Scott. Hindering an Officer, Threatening Public Official, Possession of Cocaine, Crack Cocaine and Marijuana. PTI.
State v. Ezell. DUI. Acquitted at Magistrate jury trial. Unusual facts.
State v. Riebold. Simple Possession of Marijuana. Florida college student forfeited bond on Simple Possession. Driver's license suspended. Consent Order vacating conviction and granting new trial. Enrolled in PTI.
US vs. Gestwicki. DUI trial before US Magistrate. Motion to suppress client's statements.
State v. Ferguson. Possession of Crack Cocaine. Mere presence defense. Dismissed at preliminary hearing.
State v. MacArthur. DUI trial. Convicted. Appeal to Circuit Court. Upheld.
State v. McBride. DUI. Jury trial. Not guilty.
State v. Jenkins. Probation Violation. Restitution paid. Terminated.
State v. George H. Larceny of Vehicle. Juvenile trial. Found guilty.
State v. Scott. Possession Crack Cocaine, Possession Cocaine, Simple Possession Marijuana. Search warrant executed at residence where Defendant was roommate. Convicted at Mag. bench trial without counsel on marijuana charge. Filed motion for new trial which was granted. PTI all charges.
State v. Driggers. Assault and Battery. Blind man accused of fondling co-worker. Jury Trial. Directed verdict, not guilty at conclusion of State's case.
State v. Scott. Assault and Battery. Dismissed by Complainant day of trial.
State v. Kinlaw. Burglary 1st. Bond hearing. Dismissed at preliminary hearing. Should have been charged with Magistrate level Receiving Stolen Goods. State's witness against person he purchased items from.
State v. Sanders. Possession with Intent to Distribute Marijuana. Imperfect entrapment defense. Plea, suspended sen tence.
State v. Sparta. CDV. Not guilty, bench trial.
State v. Jenkins. Simple Possession Marijuana, Possession with Intent to Distribute Crack Cocaine. Questionable probable cause for stop of vehicle. PTI.

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State v. Galloway. Possession with Intent to Distribute Marijuana. Probable cause for investigative stop and consent to search vehicle an issue. Negotiated plea.
State v. Simmons. Possession with Intent to Distribute Marijuana. Search warrant validity in question. Plea, suspended sentence.
State v. Buckner. Trafficking Cocaine, Possession with Intent to Distribute Marijuana, Possession Weapon by Felon. Validity of search warrant an issue. Plea to package deal with new charges, some indictments dismissed.
State v. Gainey. Represented Defendant during investigation of CSC with Minor. Defendant passed polygraph, not arrested.
State v. Samuels. Conspiracy to Violate S.C. Drug Laws, Conspiracy to Violate S.C. Drug Laws within 1/2 Mile of School. Defendant present at residence when search warrant executed based on prior drug sales from home he was visiting. No evidence of conspiracy as set forth in State v. Mouzon. Indictment dismissed.
State v. McCollough. ABIK. Fight with husband's girlfriend. PTI with restitution for medicals.
State v. Chris L. Grand Larceny, B&E Auto (4 cts.). Juvenile. Plea in Family Court.
State v. Moultrie. Possession with Intent to Distribute Crack Cocaine. Mere presence defense. PTI.
State v. Todd. DUI. Jury trial, convicted. Cross-examination on field tests. Handicapped client.
State v. Mitchell. Assault and Battery of a High and Aggravated Nature. PTI.
State v. Simmons. DUS. Convicted. Appeal to Circuit Court. Reversed. No Valid S.C. Driver's License.
State v. Robertson. DUI. Defendant not competent to be tried. Committed to State Hospital.
State v. Witter. Sale Crack Cocaine, Sale within 1/2 Mile, Conspiracy. Bond hearing. Direct indictment by grand jury. Turned client in. Problems with CI, undercover officer and chain of custody of evidence. Negotiated plea to sale indictment, suspended sentence. Others dismissed.
State v. Themins. CDVHAN. PTI.
State v. Williams. CDV (2 cts.). Motion to dismiss for lack of probable cause, alleged facts don't meet elements of offense denied. Pending trial.
State v. Jenkins. Possession of Crack. Dismissed. No probable cause for arrest.

Printed Page 2791 . . . . . Friday, May 5, 2000

State v. Taylor. CDVHAN, Child Endangerment. Pending.
State v. Steve. Sale of Crack Cocaine. Videotape case. Pending.
State v. Byson. DUS 2nd, Failure to Stop for Blue Light, Open Container, Possession with Intent to Distribute Crack Cocaine. Problem with identification of vehicle driver, who ran from police. DUS dismissed. PTI on other charges.
State v. Pruitt. Possession Cocaine. Mere presence defense. PTI.
State v. Glasner. DUI. Hired to enter plea in Defendant's absence and pay fine.
State v. Finley. Possession with Intent to Distribute Marijuana, Distribution of Marijuana (11 cts.), Distribution within 1/2 Mile of School (11 cts.). Some sales were accommodation sales. Imperfect entrapment defense. Plea to one sale, Possession with Intent to Distribute.
State v. Spaulding. Fraudulent Check. Dismissed by Solicitor. Pre-existing debt.
State v. Jenkins. DUI, Open Container. Pending, waiting on jury trial. Represented Defendant at administrative hearing. Waiting on decision.
State v. Bulock. Eavesdropping/Peeping Tom. PTI.
State v. Pellam. Conspiracy to Trawl for Shrimp, Conspiracy to Trawl in Closed Waters. Dismissed.
State v. Baker. Conspiracy to Trawl for Shrimp, Conspiracy to Trawl in Closed Waters.
State v. Baker, Conspiracy to Trawl for Shrimp, Conspiracy to Trawl in Closed Waters. Plea to one charge, other dismissed.
State v. Ladson. Threatening to Use Incendiary Device. Remanded to Magistrate Court as Disorderly Conduct.
State v. Nicole B. Juvenile. CDVHAN. Plea, probation and mental health counseling.
State v. Bobby U. Juvenile. Trial in Family Court. Main issue eye witness identification of Defendant as perpetrator. Found guilty. R&E, evaluation, probation.
State v. Francis. Possession with Intent to Distribute Crack Cocaine. Mere presence defense. Dismissed.
State v. Ferguson. Sale & Distribution Crack Cocaine (3 cts.). Three incidents alleged sale to confidential informant accompanied by an undercover officer. Negotiated plea to one sale, others dismissed - 7 years.

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State v. Setzler. DUI. Trial in Magistrate Court. Accident. No witness to driving, .09 BA. First trial - hung jury, mistrial. Second trial - acquitted.
State v. Antoine S. Juvenile. Carrying Gun in Public Building. R&E, suspended probation.
U.S. v. Skierski. General Court Martial. 8 cts. Assault (CDV), 1 ct. False Statement. Preliminary hearing. Negotiated pre-trial agreement. Entered plea to 6 cts. Assault and False Statement. Sentencing trial. Beat the plea agreement, 7 months, no bad conduct discharge, reduced in rank.
SC v. Client. Represented client under investigation by A.G. for failure to file tax returns. Returns filed and proof of mitigating circumstances, including medical evidence submitted. Criminal action not pursued.
REPRESENTATIVE LIST OF CIVIL CASES HANDLED IN LAST 5 YEARS:
Terrence Greene v. Jeffrey Palkowski, Civil Action No. 9:95-2603-19. Plaintiff was shot by law enforcement officer during execution of a search warrant. Procedural history: Filed complaint in common pleas as Terrence Greene v. Beaufort County 95-CP-07-1162 alleging assault & battery, negligence and violation of federal civil rights. Procedural history: Case removed to Federal Court by Defendant. Complaint amended with consent of Defendant to correct clerical error. Parties filed their Statements Concerning Establishment of Scheduling Order. Scheduling Order issued. Motions to Strike and for Summary Judgment filed by Defendant on grounds Beaufort County exercises no authority over Sheriff's Department. Defendant's summary judgment motion granted. Plaintiff filed Motion for New Trial, Amendment of Judgment and Motion for Joinder of Persons Needed for Just Adjudication or for Amendment of Pleadings. Motion for Joinder and Amendment of Complaint granted. Filed Second Amended Complaint as Terrence Greene v. Carl McLeod, Sheriff of Beaufort County Sheriff's Department, in his official capacity, Beaufort County Sheriff 's Department, and Jeffrey J. Palkowski, individually and in his official capacity. Defendant filed new Motion to Strike request for punitive damages from amended Complaint on grounds punitive damages not recoverable under S. C. Tort Claims Act, and 11th Amendment protects state agents from damage suits. Defendant also filed Motion for Summary Judgment. Plaintiff filed Response in Opposition to Motions. Trial Judge granted motion for summary judgment against Carl McLeod, Sheriff and Palkowski in his

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official capacity on basis of 11th amendment immunity from damages and suits brought in federal court. In opposition had argued that Plaintiff filed case in state court and Defendant removed case, creating the circumstances for the 11th Amendment immunity. Summary judgment granted to Beaufort County Sheriff's Department on basis it is not a separate legal entity. Motion to strike punitive damages as to Palkowski in his individual capacity was denied. Pretrial Motions included arguments on Plaintiff's objections to introduction of portions of depositions, motion to exclude testimony of Plaintiff's arrest on drug charges on which he had not yet been tried, hearsay testimony of information from confidential informant used to obtain search warrant for Plaintiff's home. Objection to jury selection procedure whereby names of jurors selected to juries in cases already picked were not returned to jury box. Direct and cross examination of experts. Verdict for Defendant who presented accidental discharge defense. Motion for New Trial made on grounds hearsay testimony of defense witnesses that Plaintiff and one of Plaintiff's witnesses were involved in illegal activities was irrelevant to shooting and highly prejudicial. Motion for new trial denied. Client did not want to appeal.
Peggy Bailey v. Sirloin Family Steakhouse, 95-CP-15-281. Represented Plaintiff in slip and fall. Original Complaint amended to reflect correct name of steakhouse. Had also named as a Defendant Rent-a-Mat. After discovery completed, Rent-a-Mat's motion for summary judgment was granted. Defendant Steakhouse motion for summary judgment was argued and denied. Case settled prior to trial.
Moreland v. City of Beaufort, Durangos and others. Client assaulted in nightclub restroom by two women, all women ordered off premises where assault continued, police arrested client and others for disorderly conduct. During assault or arrest client's wrist broken requiring several surgeries. Preparing Complaint. Excessive use of force, civil rights violation by police officer, premises liability claim against nightclub and assault & battery claims against other defendants.
Coker v. Asnip, 95-0854. Client sued in Magistrate Court by ex-wife for reimbursement of income taxes she paid. Filed Answer and moved to dismiss on grounds of lack of subject matter jurisdiction (Divorce Decree required payment of taxes by client) and on basis of res judicata - client already found in contempt at family court hearing and sentenced, ordered to reimburse ex-wife. Consent order of dismissal entered.
LaSanta Perry v. State of South Carolina. Represented inmate in action for Post Conviction Relief. Alleged ineffective assistance of

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counsel for failure to investigate and talk with alibi witnesses. Re-investigated case and talked with witnesses for client. PCR denied after hearing.
Jones as GAL for Cook v. Port Royal Department of Public Safety and Roy Fife, 95-CP-07-341. Represented minor who had been assaulted by police officer crossing guard. Filed Complaint alleging causes for assault & battery, negligence, civil rights violation. Filed motion to amend Complaint to correct typographical error, granted. Filed amended Complaint. After discovery completed Defendants filed motion for summary judgment on second and third causes of action. Plaintiff's second cause of action was dismissed as to all defendants. Third cause of action dismissed as to original Defendants Town of Port Royal and Port Royal Police Department. No causes of action were remaining against the Town or Police Dept. The Complaint against those defendants was dismissed. Jury trial at which most of witnesses were children who had seen the assault. Verdict for Plaintiff on assault & battery, found not liable on civil rights act claims. Filed Motion for New Trial or in alternative New Trial Nisi Additur, with memorandum which was denied.
Jones v. Beaufort County, 94-CP-07-989. Jones as GAL for J. Cook v. Beaufort County, 94CP-07-990. Jones as GAL for J. A. Cook v. Beaufort County, 94-CP-07-991. Represented mother falsely accused of shoplifting. Detained, searched, had purse dumped out in front of her children and others. Police had been searching for shoplifter. Only similarity between client and suspected shoplifter was they were both black females. Mother's Complaint set forth causes of action for false imprisonment, invasion of privacy, assault & battery, defamation, negligence and civil rights violations. Filed Complaints on behalf of children for emotional distress. Cases settled after discovery completed.
HR v. GA. Client leased building for use as store that still contained refrigeration equipment, shelving belonging to prior evicted tenant. Dispute over removal of equipment and whether landlord had authority to lease building inclusive of equipment belonging to prior tenant. Negotiated purchase of equipment by client and renegotiated lease with landlord. Prior tenant resolved his conflict with landlord through separate counsel.
Martin v. Preventor Security, 93-CP-07-1037. Represented Plaintiff in suit for malicious prosecution. Settled after depositions.
Teacher v. Bft. Co. School District. Represented teacher whose contract was not being renewed due to letter she wrote to newspaper.

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Resolved by way of settlement agreement containing confidentiality provision.
Employee v. RG. Represented discharged employee on appeal of denial of unemployment benefits.
Employee v. DSS. Represented employee being investigated on sexual harassment charges. Negotiated transfer of employee.
Smith v. USAA. Client's driver's license has been indefinitely suspended for many years due to outstanding Georgia judgment for damages caused by client when he previously drove uninsured vehicle. Located judgment and insurer, negotiated settlement, satisfied judgment. Client obtained S.C. license.
Sears v. Feise, 97-CP-07-1774. Represented Defendant in collection action. Prepared Answer and cross-claim, motion to add client's wife as Defendant or necessary third party for purposes of asserting cross-claim against her for use of credit card without permission. Also represented Defendant in divorce though so settled property division by using Sears debt as offset and client assuming responsibility for payment. Payment plan on debt approved by Sears.
IRS v. Feise. Negotiated reduction in wage garnishment for back taxes upon verification of client financial situation and custody of three children.
Johnson v. Simmons, 93-0835 and 93-CP-07-1944. Represented defendant sued in Magistrate Court for damages on claims alleging assault & battery and injury to personal property. Bench trial. Verdict for Defendant and award of $500 attorneys fees under Frivolous Claims Act. Pro se Plaintiff appealed. Magistrate decision upheld.
DR v. Ladies Workout Express. Disputed debt collection. Canceled client's contract and resolved dispute.
In the Interest of R.R. - Appointed to represent client on petition for involuntary commitment for chemical dependency. Client fled, later voluntarily committed to alcohol rehab.
Lewis v. Watson & Randall. Defense of magistrate collection action. Resolved by settlement and payment plan.
Cunningham v. U-Haul. Accident caused by defective U-Haul caused substantial damages to client's personal property, other expenses. Settled without filing suit.
Morrall v. Hooters. Represented car owner. Vehicle left with mechanic to have engine replaced. Without vehicle several months and work defective. Resolved by settlement when mechanic obtained counsel.

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Moore v. Beaufort County, 95CP-07-1169. Represented woman arrested by deputy at concert for disorderly conduct. Acquitted by jury in Magistrate Court. Filed Complaint alleging false imprisonment, assault & battery, negligence. Defendant filed motion to strike claim for punitive damages under SC Tort Claims act, and motion for summary judgment. Plaintiff filed motion to amend Complaint to correct name and add necessary parties was granted. Summary judgment denied. Motion for reconsideration and/or amendment of order denying summary judgment which was denied. Notice of appeal filed on order denying summary judgment. Filed Amended Complaint with additional defendants added. Defendant's counsel refused to accept service. Personally served all defendants. Case settled after depositions taken. Appeal dismissed - interlocutory.
Raino v. Raino, 93-CP-07-1916. Defended Plaintiff's ex-husband on claims for unjust enrichment, and breach of contract alleging that after the divorce ex-wife loaned ex-husband $20,000 which he was to pay back to her upon receipt of monies on a loss of consortium law suit then pending as a result of wife's personal injuries in an automobile accident/defective tire case. In answer, pled statute of frauds, unjust enrichment to wife, lack of jurisdiction. Filed motion in Family Court to set aside and complete property division in Decree. No mention of personal injury action or equitable division of these claims in divorce decree. Plaintiff filed motion to strike defenses. After hearing, order issued by Master-in-Equity denied motion, suggested Plaintiff take voluntary non-suit or parties settle. Order entered settling case.
State v. Means. Represented Defendant at hearing on Rule to Show Cause. Client had previously been found not guilty by reason of insanity, committed to State Hospital for many years, then released under an order that required him to abstain from illicit drug use. Client tested positive for marijuana. Solicitor issued Rule. State wanted Defendant re-committed. Bench trial. Defendant fined, continued under terms of order.
98-CP-07-1512/99-DR-07-117. 10 year relationship in which man and woman lived and worked together in establishing a business, substantial properties and funds in his name. She received no salary. Substituted as counsel in action transferred from Common Pleas to Family Court for determination as to whether a common law marriage exists. If so, equitable division of property to be made in Family Court. If the parties do not have a common law marriage, the case is to be transferred back to Common Pleas for a hearing on Defendant's motion for a more definite statement and/or amendment of Complaint filed by

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prior counsel that alleges breach of contract, breach of partnership agreement, breach of fiduciary duty, conversion, fraud, unjust enrichment and quantum meruit. Defendant had moved to dismiss for lack of jurisdiction because last cause of action alleged common law marriage. Pending in Family Court at this time. All original counsel relieved due to conflicts of interest.
KZ v. Singleton. Represented Plaintiff in auto accident. Knee injury that required surgery. Liability clear. Hit from behind by driver charged with DUI. Case settled without filing suit.
Smith v. Singleton. Represented Plaintiff in auto accident. Reinjured knee. Liability clear. Hit from behind by driver charged with DUI. Settled without filing suit.
Butler v. Appleby. Represented Plaintiff in auto accident. Minor personal injuries. Liability clear. Settled without filing suit.
Hunt v. Schwartz. Represented Plaintiff in auto accident. Relatively minor neck and back injuries. Liability clear. Settled without filing suit.
Griffin v. Port Royal Seafood. Represented Plaintiff in auto accident. Liability clear. Settled without filing suit.
Rivers v. Port Royal Seafood. Represented Plaintiff in auto accident. Liability clear. Settled without filing suit.
Reising v. Casper. Defense of Rule to Show Cause in Magistrate Court that alleged violation of restraining order issued pursuant to harassment statute. Bench trial, conflicting testimony.
BCSD v. Pruitt. Forfeiture. Represented Defendant. Filed Answer and Counterclaim. Settled by consent order.
BCSD v. Dudley. Forfeiture. Represented Defendant. Filed Answer and Counterclaim. Settled by consent order.
Ward v. Garrett. Represent Plaintiff in automobile accident. Significant injury to shoulder requiring surgery. Other driver's liability clear.
Ladys Pointe Apts. v. Leadingham. Represented landlord in eviction. Knowledge of Section 8 regulations required.
Parkview Apts. v. Reid. Represented landlord in eviction based on criminal activity.
Parkview Apts. v. Green. Represented landlord in eviction based on criminal activity.
Spellman v. Bostick. Defended Magistrate suit requesting restraining order filed pursuant to harassment statute. Request for R/O denied.

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Coverly v. Ortega. Auto accident. Liability clear. Case settled without filing complaint.
Witter v. Powell, 95-CP-07-1710. Defendant injured in automobile accident. He was sued by other driver. I represented the Defendant on his counterclaim against the Plaintiff for negligence. Client also represented by attorney for his insurer. After discovery and depositions counterclaim settled.
BCSC v. Gadson. Forfeiture. Consent order entered.
Watson v. Buckles. Represented Plaintiff in auto accident. Liability clear. Settled without filing complaint.
Bostick v. Hilton. Represented Plaintiff in auto accident. Liability clear. Settled without filing complaint.
Casper v. Newton. Represented Plaintiff in auto accident. Liability clear. Settled prior to filing complaint.
BCSD v. Chisolm. Forfeiture. Filed Answer. Consent order.
McLeod & Washington v. Smith. Represented Plaintiff in auto accident. Liability clear. Settled without filing complaint.
Washington v. Bi-Lo, 94-CP-07-1760. Represented Plaintiff in slip and fall. Had to file and argue motion to compel production of documents which was granted. Case tried by substitute counsel. Verdict for Plaintiff.
Washington v. Firestone, et al., 93-CP-15-856. Represented one of several persons injured in automobile accident believed to have been caused by defective product. Confidentiality provision contained in settlement agreement.
Probate Court Case No. 94GCO70022. Appointed GAL for minor on petition for appointment of conservator. Criminal records check and interview with child's mother to ensure she could handle funds, reconcile bank statements and file required accountings. Attendance at hearing.
Brown v. City of Beaufort, 93-CP-07-1936 and 93-CP-07-1937. Consolidated for trial. Represented Plaintiff in cases alleging malicious prosecution, false imprisonment, defamation, negligence. Defendant filed motion for summary judgment which was argued and denied. Plaintiff filed motion for continuance and motion to compel discovery. Jury Trial. Defendant's motion for directed verdict was granted at conclusion of Plaintiff's case. Filed Motion for New Trial and to Reconsider which was granted as to cause of action for slander. Defendant filed another Motion for Summary Judgment on the cause of action for slander which was argued and granted. Client did not want to appeal.

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Don Young dba Southland Properties v. Fosnight, Kegler & Wade, 94-CP-07-1330. Represented Defendant Fosnight in action that alleged Fosnight cut down neighbor's trees without permission and sold the timber. Kegler & Wade were Plaintiff's tenants. Complaint set forth causes of action against Fosnight for trespass, conversion, malicious injury to trees. Fosnight filed an Answer & Counterclaim asserting tenants gave him permission and had implied authority to give permission. His Counterclaim alleged action for malicious prosecution as a result of his arrest on a related criminal warrant taken out by Plaintiff, Cross-Claim against tenants for indemnification. Plaintiff's motion for summary judgment on Counterclaim denied. Kegler dismissed from suit. Wade in default. All settlement offers rejected by Plaintiff. Main issue was dispute over measure of damages. Malicious prosecution claim dismissed. Judgment for Plaintiff against Def. Fosnight of $9500 actual and $100 punitive. Fosnight entitled to indemnity against Wade to extent he pays Plaintiff.
Jackson v. Hanna, 94-CP-07-543. Represented Plaintiff in automobile accident. Filed Complaint. Defendant moved to change venue to Aiken, Defendant's county of residence. Motion granted. After some discovery Plaintiff filed motion to change venue back to Beaufort County on grounds Aiken not a convenient forum, all witnesses in Beaufort and Defendant no longer in Aiken. Consent order entered sending case back to Beaufort County. Filed motion to compel discovery responses. Several motions for continuance by Defendant were granted because he was in college out of state. Substitute counsel tried case.
Brown v. Kjos, Enterprise Rental Car & Heflin, 95-CP-07-1835. Represented Defendant Heflin in personal injury action that alleged negligent entrustment of his rented vehicle to a minor. Forwarded pleadings to Helfin's insurer but his policy had lapsed. Filed Motion to vacate Heflin's appointment as guardian for minor in litigation as he had no relation to her. Order appointing minor's mother as guardian. Filed Answer denying minor had permission to use his vehicle. Some discovery. Motion for Summary Judgment filed by Enterprise argued and granted. Parties unable to locate Defendant Kjos or mother for service of pleadings and discovery requests. Case stricken pursuant to Rule 40(j).
OTHER CIVIL:
I have also argued for and against many motions in Family Court, applied the rules of civil procedure and rules of evidence in that court and argued equitable doctrines, including laches, "unclean hands", res

Printed Page 2800 . . . . . Friday, May 5, 2000

judicata, judicial and equitable estoppel. A domestic relations case list can be provided.
I have not had the opportunity to serve as counsel on a death penalty case but was in charge of organizing the mitigation/sentencing evidence in the one death penalty case handled by the Beaufort Public Defender Office while I was Public Defender. A plea was negotiated based on the mitigating evidence, and the client received a life sentence. As a law clerk at the Richland County Public Defender Office, I worked on two death penalty cases by assisting the mitigation/sentencing team in investigating and putting together this evidence. I was the investigator at the Beaufort Public Defender Office when John Plath and John Arnold were arrested. I worked on the case in chief. I also assisted in compilation of juror information used to challenge the Beaufort County grand and petit jury selection process in State v. Clemmie Moultrie, a Colleton County death penalty case transferred to Beaufort for trial around 1975. Mr. Moultrie was found guilty of voluntary manslaughter. I am very familiar with the procedural history and facts of State v. Linder, a Colleton County death penalty case in which the Defendant's death sentence was overturned and he was acquitted at his retrial.
I would want to review and study the current case law prior to presiding at a death penalty trial.
I would like to have tried more civil cases. I am familiar with issues ordinarily raised in civil cases, know the rules of evidence, court rules and legal principles that apply. I also acquired knowledge of civil areas in which I have not practiced by teaching graduate classes in business law. To compensate for any shortcomings, I would read the court files prior to hearing motions and/or beginning trials, familiarize myself with the law that applies, and hold pre-trial conferences in an effort to determine what issues may arise during the trial."
Ms. DeWitt reported the frequency of her court appearances during the last five years as follows:
"(a)   Federal:   One completed jury trial; pretrial motions on that case; one criminal trial before U.S. Magistrate; one court martial before military judge advocate; Social Security Administration four hearings and two appeals to SSA Appeals Council.
(b)   State:   Until April 1993, I appeared approximately two weeks per month in the Court of General Sessions; several times per week before Magistrates for preliminary and bond hearings; two days per month in Family Court, plus detention and transfer hearings as scheduled. In the last five years, I have had 10-20 appearances in

Printed Page 2801 . . . . . Friday, May 5, 2000

Family Court per month; Magistrate Court bench or jury trials an average of five times per month; General Sessions Court an average of four times per month for pleas or motions, eight completed jury trials; Master-in-Equity motions average six per year, one trial; Common Pleas motions six times per year, two completed trials, roster meetings and pre-trial conferences."
Ms. DeWitt reported that the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     20%
(b)   Criminal:   30%
(c)   Domestic:   50%"
Ms. DeWitt reported the percentage of her practice in trial court during the last five years as follows:
"(a)   Jury:     20%
(b)   Non-jury:   80%"
Ms. DeWitt provided that she most often served as sole counsel.
The following is Ms. DeWitt's account of her five most significant litigated matters:
"(a)   State v. Christopher Lee Franklin, 425 S.E.2d 758 (S.C. App. 1992); Reh. Den., Cert. Denied; 15-year-old troubled youth killed father and stepmother. Competency evaluation ordered. Ten hour transfer hearing in Family Court. Testimony on child's competency, history and culpability presented by both sides. Motion to quash first indictments was granted on grounds jurisdiction was still in the Family Court. A motion to reconsider had not been ruled on. Defendant indicted again. Trial in General Sessions Court. Defense presented some evidence of physical and emotional abuse but insufficient for battered child's defense or self-defense instructions. Convicted of two counts of murder. Concurrent life sentences. Motions at trial - request for venue change, voluntariness of Defendant's confessions and sufficiency of evidence to give manslaughter or self-defense instructions. Also competency of two child witnesses was an issue. Court of Appeals affirmed conviction and held Defendant not entitled to manslaughter instruction that was given by trial court.

Also defended media requests for access to transfer hearing. Ex Parte: The Island Packet and The Beaufort Gazette, Appellants In Re: Christopher F., a minor, Defendant. 417 S.E.2d 575 (SC 1992) Both appeals handled by South Carolina Office of Appellate Defense.


Printed Page 2802 . . . . . Friday, May 5, 2000

(b)   State v. Prince, 90-GS-07-2216. Decedent's body found in young mother's mobile home while she was incarcerated on unrelated charges. Pre-trial motion to suppress testimony of four-year-old son as State's witness on grounds that he was not competent to testify. Reputable psychologist testified for defense that child was not competent. Child had been tested and interviewed on four different occasions and was functioning on about a two-year-old age level. Also testified that child had been improperly questioned repeatedly by police, social workers and lawyers. Judge denied motion. Also motion to suppress Defendant's statement due to violation of 6 th Amendment granted. Defendant acquitted.
(c)   State v. Antonnier Adolphe, 314 S.C. 89, 441 S.E.2d 832 (Ct.App. 1994). Defendant was tried on indictments for two counts trafficking in crack cocaine and sale of crack cocaine. Search warrant for stash house obtained based on information from street suspect who had been arrested after he assisted in a purchase of crack for a wired confidential informant at a separate location. Defendant Adolphe and others were at the stash house at time search warrant executed. Drugs and other evidence found in stereo speakers. Street suspect taken to stash house and identified Adolphe as seller of crack at first location. All defendants but Adolphe posted bond and fled prior to trial. Co-defendant cases were severed. Adolphe was tried on trafficking indictments only. At trial, motion to suppress testimony of crack sale as evidence of prior bad acts denied; motion to suppress eyewitness identification by street suspect of Adolphe as drug seller denied; motion to suppress all evidence on basis search warrant affidavit did not support probable cause denied; motion to suppress evidence on grounds inventory and officers' testimony not specific as to location individual items of evidence were found denied; motion to suppress all evidence and testimony mentioning Defendant's nationality as Haitian was denied. Court of Appeals reversed Defendant's conviction on grounds the search warrant should not have been issued because the affidavit coupled with the Johnson hearing failed to supply facts creating probable cause. There was no showing of the confidential informant's reliability and the informant's allegations were never corroborated by any identifiable individuals. Good faith exception inapplicable if the underlying affidavit does not include sufficient information to allow a magistrate to determine probable cause. Evidence seized

Printed Page 2803 . . . . . Friday, May 5, 2000

must be suppressed. Other issues raised, not addressed by Court of Appeals.
(d)   State v. Tyrone Jenkins, 322 S.C. 414, 472 S.E.2d 251 (1996), reversing State v. Tyrone Jenkins, 317 S.C. 183, 452 S.E.2d 612 (Ct.App. 1994), rehearing denied. Defendant was convicted by a jury of first degree burglary, acquitted on the related grand larceny indictment. Motion to suppress Defendant's oral statements to officer was made on three grounds. First, the Defendant's Miranda waiver was not voluntarily or knowingly made because he was under the influence of crack cocaine at the time warnings, waiver and statement given as shown by officer's own testimony and by Defendant's testimony at Jackson v. Denno hearing. Second, the Defendant's statement that he did not commit the burglary, he just ran a school for burglars was not admissible under the Lyle "bad acts" exception because there was no evidence this burglary was connected to any other burglary. Third, the introduction of Defendant's burglary school statement was unduly prejudicial. Motion to suppress was denied. Court of Appeals upheld conviction and admissibility of statement as evidence of common scheme or plan. Supreme Court reversed. No evidence of similarity of burglaries, or common scheme or plan. Testimony clearly prejudicial as other evidence of guilt far from overwhelming.
(e)   Terrence Greene v. Jeffrey Palkowski, CA No. 9:95-2603-19. Represented Plaintiff who was shot by law enforcement officer during execution of a search warrant. Initial Complaint alleged assault and battery, negligence and federal civil rights violations, was originally filed in Common Pleas as Terrence Greene v. Beaufort County, 95-CP-07-1162. Defendant removed case to federal court and was granted summary judgment but Plaintiff's motion to amend and for joinder of necessary parties was granted. Some joined party defendants were later granted summary judgment. Lengthy procedural history of amendments and motions. Pre-trial motions on objections to exhibits, objection to defense introduction of selected portions of witness depositions and objection and request for pre-trial ruling on admissibility of testimony regarding Plaintiff's pending drug charges arising from execution of search warrant. Significant issues related to expert witness testimony on police practices and procedures, safety features of weapon, forensic evidence and opinion testimony on distance between Plaintiff and Defendant at time of shooting, at

Printed Page 2804 . . . . . Friday, May 5, 2000

trial related to the relevance and prejudicial effect of defense witness testimony of hearsay information from confidential informant that Plaintiff was an armed, dangerous, drug dealer and introduction of search warrant affidavit itself as exhibit in Defendant's case. Verdict for Defendant who put up accidental discharge defense. Same issues argued in motion for new trial, which was denied. No appeal."
The following is Ms. DeWitt's account of civil appeals she has personally handled:
"(a)   Hess v. Hess. Court of Appeals, Unpublished Opinion No. 96-UP-468, submitted December 3, 1996, filed December 16, 1996. Represented Respondent/Mother. Father appealed award of custody to Mother, and property division. Custody award affirmed. Equitable distribution award to Mother vacated and remanded.
(b)   Taylor v. Taylor. Final Briefs Filed. Plaintiff appealed Order dismissing Complaint and denial of GAL appointment. I represent Respondent.

(9)   Judicial Temperament:
The Commission believes that Ms. DeWitt's temperament would be excellent.

(10)   Miscellaneous:
The Low Country Citizens Advisory Committee reported: "Ms. DeWitt meets the constitutional qualifications and is possessed of the requisite character, reputation, ability, fitness, experience, and temperament. Ms. DeWitt is recommended for Circuit Court At-Large Seat 3 with one observation--the Committee noted that Ms. DeWitt has limited civil trial experience."
Ms. DeWitt has three children: Jenny P Sopshier (age 26, sales/supervisor); Gregory M. Piazza (age 23, U.S. Navy); James Tyler DeWitt (age 10, student).
Ms. DeWitt reported that she was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association, member, Family Law Council 1998 - 2000;
(b)   Beaufort County Bar Association;
(c)   Beaufort County Family Court Bar Association, secretary;
(d)   American Bar Association;
(e)   S.C. Women's Law Association."


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Ms. DeWitt provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Beaufort Chamber of Commerce;
(b)   Hendersonville Baptist Church, Walterboro, S.C.;
(c)   Shell Point Elementary School PTO & Booster Club, Burton, S.C.;
(d)   Battery Creek High School PTO & Booster Club, Burton, S.C."
Ms. DeWitt additionally provided, "My professional and personal experiences have provided me with the knowledge, organizational skills, common sense and objective fairness required of a Circuit Court judge."

Judge Joseph M. Epting
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Epting meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Epting was born on January 2, 1942. He is 58 years old and a resident of Irmo, South Carolina. Judge Epting provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1969.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Epting.
Judge Epting demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Epting reported that he has spent less than $100 in campaign expenditures for printing resumes and letters of introduction.
Judge Epting testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.


Printed Page 2806 . . . . . Friday, May 5, 2000

Judge Epting testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Judge Epting to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Epting described his past continuing legal or judicial education as follows:
"During the last five years my legal and judicial have exceeded the total hours required by the bar and court administration:
(a)   Legal: Evidence, domestic relations, health care law, ethics, trial procedures;
(b)   Judicial: Criminal Justice Academy: Search and Seizure, bonds, domestic violence, substance abuse, Supreme Court updates. National Judicial College: Opinion Writing, logic. - American Bar Association- Traffic Court Technology."
Judge Epting reported that he has taught the following law related courses:
"Chaired a S.C. Bar CLE on regulated industries focusing primarily on practice before the Public Service Commission.
Presided over mock trial demonstrating trial procedures and evidentiary matters for Criminal Justice Academy continuing education seminar for magistrates October 1999."
Judge Epting reported that he has not published any books or articles.

(4)   Character:
The Commission's investigation of Judge Epting did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Epting did not indicate any evidence of a troubled financial status. Judge Epting has handled his financial affairs responsibly.
The Commission also noted that Judge Epting was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.


Printed Page 2807 . . . . . Friday, May 5, 2000

(5)   Reputation:
Judge Epting reported that his last available Martindale-Hubbell rating was "BV."
Judge Epting reported that he served in the United States Army from 1964-1969, receiving an Honorable Discharge in 1969 at the rank of First Lieutenant.

(6)   Physical Health:
Judge Eptin g appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental Stability:
Judge Epting appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Judge Epting was admitted to the South Carolina Bar in 1969.
Judge Epting described his legal experience as follows:
"Legal: General Practice (the early years- Berry, Lightsey, Gibbes and Bowers (1969-1973). Every good legal career is built on a strong foundation. I was fortunate to work with Harry M. Lightsey, Jr. during my early years. I, along with other young attorneys such Nikki Setzler and Jim Richardson, assisted Harry Lightsey, Jr. as he handled significant constitutional cases such as senate reapportionment, school desegregation, and the beginning of the large rate increase era for private utilities. The lessons learned about the practice of law during this period were invaluable.
Also, early in my career I acquired my initial education in trying cases in circuit court. Lesson 1- topic - summation - teacher - Honorable Marion Gressette. My co-counsel and I received a direct verdict on a collection claim in circuit court, but Senator Gressette made such a powerful closing on his counterclaim that he won the case; Lesson 2 - Venue. During this period Henry Kirkland, a fine trial lawyer, associated me to try a will contest with him in Newberry County. Our opponent was Thomas Pope, Sr. Mr. Pope was relentless. We thought we had victory after a hung jury on the first trial but were beaten soundly on the retrial. Lesson: Good trial lawyers are good anywhere, but they are terrific in their own briar patch.
(1973-2000) Epting Law Firm - primarily as sole practitioner in space sharing with other lawyers and for the past two years as an LLC in partnership with my son. Practice included probate, domestic, wills,


Printed Page 2808 . . . . . Friday, May 5, 2000

property, regulated industries, corporations, business and general litigation. A portion of my practice has involved family court matters including divorce, custody, equitable division, and adoptions. In addition, a portion of the practice has involved proceedings before the master-in-equity in regards to foreclosures and supplemental proceedings. Circuit court experience has included some guilty pleas in general sessions court and civil experience including PCR appointments and jury and nonjury matters including property disputes, condemnation, collections, personal injury, contract litigation.
Criminal Matters: I have had experience in representing defendants in General Sessions Court and assisting clients in entering the new drug court program. However, my primary criminal experience occurs on a daily basis in performing my duties at the Chief Judge for Irmo. Specifically, I am called upon on a regular basis to determine probable cause for the issuance of arrest and search warrants. I regularly conduct bond hearings and set bonds on both summary court and general sessions offenses. I conduct preliminary hearings as requested on general sessions court offenses. I conduct court on a weekly basis presiding over bench and jury trials. I supervise the court calendar and preside over roster meetings with defendants, their attorneys, and the prosecutors. My court has a prompt disposition time for setting and disposing of jury trials.
Civil Matters: My experience in civil matters within the last five years has covered a wide variety of cases such as:
(a)   Contract matters: I have represented plaintiff and defendants in a wide variety of disputes ranging from collection matters to actions involving basic breach of contract, breach of warranty, and fraud.
(b)   Property disputes: I have filed actions for the plaintiff for various property matters including boundary line disputes, mortgage foreclosures, actions to quiet title, and mechanic's lien foreclosures.
(c)   Condemnation: I have represented primarily the landowner in condemnation actions including takings by utilities and the South Carolina Department of Transportation.
(d)   Employment cases: I have instituted actions on behalf of employees in an action for failure to pay benefits as required under federal law.
(e)   Construction cases: I have represented and defended homeowners and contractors in actions involving defective construction including actions for failure to meet proper construction or inspection requirements.

Printed Page 2809 . . . . . Friday, May 5, 2000

(f)   Personal Injury cases: I have filed actions for personal injury on behalf of the plaintiff including automobile accident cases.
(g)   Other negligence actions: I have instituted action on behalf of the plaintiff for negligence for medical malpractice.
In addition prior to this period, I have had cases for the plaintiff involving product liability and wrongful death claims. I have also represented clients in the area of disputed Wills and disputed probate claims."
Judge Epting further provided:
"I lack current experience in such areas of workers' compensation and taxation. If faced with an appeal or case in that area, I would do as I have done in other such situations on the bench when faced with something new: First, if notice ahead of time, I would research the point prior to argument or trial. Second, I would question and probe the litigants more thoroughly during their arguments. Finally, I would call on colleagues more experienced in the area for their advice."
Judge Epting reported the frequency of his court appearances during the last five years as follows:
"(a)   federal:   two major cases one involving an appeal of a social security decision and a federal employment law case.
(b)   state:     I appear in court approximately 20 to 25 times a year. Most of those matters will normally involve motions on pending case but there will normally be one or two cases that do not settle without a complete trial."
Judge Epting reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     80%
(b)   criminal   2%
(c)   domestic:   18%
This does not include time on the bench, which is all criminal and consumes about 25 to 30% of his total time."
Judge Epting reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     50%
(b)   Non-jury:   50%.
This is the percentage of cases filed, but actually 90% of more of the cases would be resolved during the litigation process prior to a resolution by the jury or court."
Judge Epting provided that he most often served as sole counsel.

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The following is Judge Epting's account of his five most significant litigated matters:
"(a)   Whittle - Common Pleas case filed in Sumter County resolved during trial. Jim Richardson and I represented several Lexington County chicken farmers against a large national corporation for breach of growing contracts and misrepresentations - case was resolved under a confidential settlement. The case was significant in the large amount and extent of discovery prior to trial. We were are able to successfully conclude the case on the eve of trial in the defendant's home county in a manner which allowed a portion of an agricultural industry in another county to survive during a period of economic downsizing;
(b)   Lowe and Bland - Richland County Court of Common Pleas case. Ken Suggs and I handled this personal injury case involving severe burns and fire damage caused by an explosion from an improperly installed water heater. Case resolved under a confidential settlement. As a result of this case, the method of installing the product was corrected throughout the area and future disasters averted;
(c)   Cooke v. K-Mart - federal court case- Wrongful death action handled by Ken Suggs and I involving defective plastic boat seat. Case resolved on the day of trial. Extensive discovery and expert testimony resulted in discovery of defect in manufacturing process which could be easily corrected and the imposition of better warning labels on the product for the consuming public;
(d)   Epting v. Devaney - Common Pleas Lexington County. Wrongful death action which Ken Suggs and I handled involving a boating accident on Lake Murray. The Case involved a difficult legal issue concerning the statute of limitations and the definition of navigable waters. We were successful in having the court determine that the lake was non-navigable for jurisdiction purposes and ultimately resolved the case favorably for the client;
(e)   Evelyn Sites v. Modern Exterminating - Richland County Court of Common Pleas case. I was the sole counsel representing the plaintiff in a breach of contract and unfair trade practices action. Jury returned a favorable verdict under the unfair trade practices cause of action. The case is significant because the plaintiff was able to introduce evidence under the criteria set forth by the Court of Appeals at that time for proving unfair trade practices."
The following is Judge Epting's account of the civil appeals he has personally handled:

Printed Page 2811 . . . . . Friday, May 5, 2000

"(a)   Epting v. Brumble, 264 S.C. 114, 212 S.E.2d 711 (1975);
(b)   Thomas v. Gathings, 304 S.C. 308, 403 S.E.2d 682 (1991).
In the latter years of my practice, I have learned that I simply don't have the time to do it all and have referred my appeals work out to attorneys who specialize in that area such as James B. Richardson, Jr."
Judge Epting further reported that he was:
"Appointed Judge for the Town of Chapin (1986-1997); Appointed Chief Judge Town of Irmo (1989-present). Court has criminal jurisdiction - trial jurisdiction for all crimes involving sentences for up to 30 days in jail and fines of up to $500.00 plus costs. Jurisdiction also includes setting bonds and conducting preliminary hearing for General Sessions Court offenses."
Judge Epting reported that his decisions normally do not result in written opinions. His rulings and decisions during trial however have been appealed to the circuit court for review. In the time that he has served as the primary trial judge for the Town of Irmo, he reports that he has had only one reversal or remand by the circuit court."
Judge Epting reported that he was an unsuccessful candidate for the school board and Richland County Council. However, he is unable to recall the dates of his candidacy.

(9)   Judicial Temperament:
The Commission believes that Judge Epting's temperament has been and would continue to be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Judge Joseph M. "Mickey" Epting to be a qualified and highly regarded judicial candidate. The committee wholeheartedly approves of his candidacy for a circuit court judgeship."
Judge Epting is married to Nancy G. Epting. He has two children: Joseph M. Epting, Jr. - 30 - attorney; and Kristin E. Epting - 28 - Atlanta Chamber of Commerce Staff.
Judge Epting reported that he was a member of the following bar associations and professional associations:
"(a)   American Bar Association - Special Court Judges Division;
(b)   South Carolina Summary Court Judges Association;
(c)   South Carolina Bar Association;
(d)   Richland County Bar Association;
(e)   Lexington County Bar Association."


Printed Page 2812 . . . . . Friday, May 5, 2000

Judge Epting provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Lake Murray- Irmo Rotary Club;
(b)   Irmo Chamber of Commerce."
Judge Epting further provided that, "During my tenure, the Irmo Court has been one of the leaders in applying new technology in the courtroom setting. It is one of a few of a handful of courts in South Carolina who have been approved by the Supreme Court to utilized video teleconferencing for bond hearings and pleas. This innovation has resulted in enormous economic savings for the court and law enforcement, increased security and a more efficient use of the court's time.

Judge John D. Geathers
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Geathers meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Geathers was born on April 10, 1961. He is 39 years old and a resident of Columbia, South Carolina. Judge Geathers provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Geathers.
Judge Geathers demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Geathers reported that he has made $79 in campaign expenditures for stationery.
Judge Geathers testified 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;


Printed Page 2813 . . . . . Friday, May 5, 2000

(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Geathers testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Judge Geathers to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Geathers described his past continuing legal or judicial education during the past five years as follows:
"I have satisfied the CLE requirements for each of the past five years. I also attended the National Judicial College for a seminar."
Judge Geathers reported that he has participated in the following lectures: "I lectured on Appellate Practice before the ALJD at a Bar Association program, Appellate Practice in South Carolina. Also, I presented in-house lectures at orientation seminars for new ALJs."
Judge Geathers reported that he has prepared written materials for the lectures noted above.

(4)   Character:
The Commission's investigation of Judge Geathers did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Geathers did not indicate any evidence of a troubled financial status. Judge Geathers has handled his financial affairs responsibly.
The Commission also noted that Judge Geathers was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Judge Geathers reported that he is not rated by Martindale-Hubbell.

(6)   Physical Health:
Judge Geathers appears to be physically capable of performing the duties of the office he seeks.


Printed Page 2814 . . . . . Friday, May 5, 2000

(7)   Mental Stability:
Judge Geathers appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Judge Geathers was admitted to the South Carolina Bar in 1986.
Judge Geathers reported the following experience:
"I was employed for approximately eight months as the OSHA attorney for the South Carolina Department of Labor upon graduation from law school in 1986. I resigned from the Department of Labor to accept employment with the Office of Senate Research of the South Carolina Senate, where I became Senior Staff Counsel. Upon being elected to Administrative Law Judge Seat #4, I subsequently resigned employment with the Senate.
I have recently been elected to a second term as an ALJ. I believe that my adjudicatory experience as an administrative law judge, which includes presiding over contested case, appellate, and regulatory hearings, would be an asset in presiding over civil and criminal cases. It should be noted that the rules of evidence and the SC Rules of Civil Procedure are applicable in these administrative matters.
To reacquaint myself with civil and criminal law, I have intensely studied, and in some cases outlined portions of, the following authorities: Alex Sanders, et al., South Carolina Trial Handbook (1999); William Shepard McAninch, The Criminal Law of South Carolina, 3rd.; Hon. Ralph King Anderson, Jr., et al., South Carolina Trial Techniques Handbook (1998); Jack B. Swerling, My Little Rules Book-Criminal (1998); and Jack B. Swerling and Richard A. Harpootlian, Criminal Defense, 1997 Bridge The Gap."
Judge Geathers reported the following regarding his judicial experience: "I have served as an Administrative Law Judge since 1995. Pursuant to Section 1-23-600, an Administrative Law Judge is authorized to preside over all hearings of contested cases involving the departments of the executive branch of government in which a single hearing officer is permitted to hear and decide. Exempted, however, are cases brought under OSHA, matters arising under Title 56 of the SC Code of Laws, and hearings mandated by federal law. The ALJD also has appellate jurisdiction over decisions from various boards and commissions. Finally, the ALJD presides over regulation hearings during the promulgation of regulations by a department for which the governing authority is a single director. The ALJ provides the General


Printed Page 2815 . . . . . Friday, May 5, 2000

Assembly with written findings as to the need and reasonableness of the proposed regulations."
Judge Geathers provided five of his most significant orders or opinions as follows:
"(a)   Myrtle Beach Hospital, Inc. v. Horry County Assessor, 97-ALJ-17-0449-CC (addressed novel issue in South Carolina of valuation of investor-owned hospital for tax purposes);

(b)   SC Dept. of Labor v. James E. MacDonald, 98-ALJ-11-0360 (contempt order);

(c)   Greenville Metro Treatment Center v. SC Dept. of Health and Environmental Control, 97-ALJ-07-0143;

(d)   Charleston Naval Shipyard v. SC Dept. of Health and Environmental Control, 96-ALJ- 07-0264 (waiver of federal government's sovereign immunity);

(e)   Julius Murray and George Martin v. SC DHEC, Baptist Healthcare System of SC, Inc. and Richland Memorial Hospital, 97-ALJ-07-0262 (extensive discussion on subject matter jurisdiction and standing)."

(9)   Judicial Temperament:
The Commission believes that Judge Geathers' temperament has been and would continue to be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Judge John D. Geathers to be a qualified and highly regarded judicial candidate. The committee positively approves of his candidacy for a circuit court judgeship."
Judge Geathers is married to Doris Williams Geathers. He has one child, Lydia Kaden Geathers (age 6).
Judge Geathers reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   North Carolina Bar."
Judge Geathers provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:


Printed Page 2816 . . . . . Friday, May 5, 2000

"(a)   National Assoc iation of Administrative Law Judges;
(b)   The NAACP."

Judge Robert N. Jenkins, Sr.
Circuit Court, At-Large Seat 3

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Jenkins meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Jenkins was born on August 8, 1947. He is 52 years old and a resident of Travelers Rest, South Carolina. Judge Jenkins provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Jenkins.
Judge Jenkins demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Jenkins reported that he has made campaign expenditures for stationery and postage for sending a letter of interest regarding the announcement of his candidacy.
Judge Jenkins testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Jenkins testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Judge Jenkins to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.


Printed Page 2817 . . . . . Friday, May 5, 2000

Judge Jenkins described his past continuing legal or judicial education during the past five years as follows:
"I have consistently satisfied CLE requirements in excess of basic requirements:
- Orientation for new Family Court Judges (1996)
- Annual Judicial Conference with emphasis on current legal development in Family Law (1996-1999)
- Mid-Year Bar MJCLE 1996-2000
- Annual Family Court Judges Conference, current updates in areas of interest in Practice and Procedure and Substantive Development in Family Law (1996-1999)
-National Council of Juvenile and Family Court Judges Annual Conference (1998)

Evidence In Juvenile and Family Court (1998)

Advanced Family Law (1997)."
Judge Jenkins reported that he has taught the following law-related courses:
"I have taught the Juvenile Law/Pre-Trial Diversion Course through the sponsorship of the Department of Youth Services and the local Solicitor's Office. It was a ten (10) week course designed to teach juveniles between ages 13-16 responsible civil conduct under the law; giving them exposures through site visits and guest presenters on law enforcement functions. (1986-88)
I have served as a presenter for the SBA's Committee for Indigent Representation on the topic on Judicial Responses to PRO SE Representation (1998).
I have served as a presenter for the Family Court Judges Conference on topic of Judicial Ethics (1998)."
Judge Jenkins reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Judge Jenkins did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Jenkins did not indicate any evidence of a troubled financial status. Judge Jenkins has handled his financial affairs responsibly.
The Commission also noted that Judge Jenkins was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.


Printed Page 2818 . . . . . Friday, May 5, 2000

(5)   Reputation:
Judge Jenkins reported he is not rated by Martindale-Hubbell.
Judge Jenkins served in the military from 8/66 through 5/69 Reg. Air Force, E-5 (Staff Sergeant) AF11820038 and in the active reserve 6/69 through 8/72; Honorable Discharge: 8/72.
Judge Jenkins has previously held public office (other than his current judicial office) in the following capacities:
(a)   1979-1996 - Director, Legal Services Agency of Western Carolina, Inc.; appointed through selection by quasi-public Board of Directors.
(b)   1984-86 - State Advisory Committee on Workers Compensation Laws; appointed by the Governor of South Carolina.
(c)   1990-1996 - Board of Directors, South Carolina Protection and Advocacy System for the Handicapped, Inc.; appointed by Board of Directors.
(d)   1991-1996 - The Citadel Board of Visitors, by designation for the State Superintendent of Education.
(e)   1993-1996 - Board of Directors, South Carolina Families for Kids; appointment by Board of Directors.

(6)   Physical Health:
Judge Jenkins appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental Stability:
Judge Jenkins appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Judge Jenkins was admitted to the South Carolina Bar in 1976.
Judge Jenkins described his legal experience as follows:
"1976-79: Engaged in the active practice of law as a Staff Attorney/Managing Attorney with Legal Services Agency headquartered in Charleston, South Carolina (NLAP, Inc.).
Provided direct legal assistance to indigent clients in the areas of Family Law (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Laws (15%), and State/Federal Consumer Law involved in Claim & Delivery and Deficiency Suits (10)%). Other areas of service provided included the preparation of wills and deeds; and power of attorneys for clients' financial affairs. Yearly caseload exceeded 300 cases.


Printed Page 2819 . . . . . Friday, May 5, 2000

In this position, I also coordinated the expansion of offices to Georgetown, Kingstree, and Beaufort Counties.
In addition, coordinated the attorneys weekly office schedule for client intake and served as the office liaison with the local courts. The office yearly caseload exceeded 5,000 cases.
1979-95: Engaged in the active practice of law as a Attorney/Administrator titled: Director/General Counsel for Legal Services Agency of Western Carolina, Inc. in Greenville South Carolina.
Fifty percent of time was devoted to client practice in association with 13 staff attorneys in the areas of: Family Law Practice (50%), Federal Consumer Law (10%) and other legal services associated with the practice of Poverty Law. I was responsible for the legal services provided through offices located in Greenville, Anderson, and Greenwood, serving those areas and the adjoining counties of Edgefield, McCormick, Abbeville, Oconee, and Pickens. The yearly total caseload exceeded 4,000 cases.
Served as legal counsel for numerous local community organizations whose mission are to improve the lives of people in poverty. Examples include: Greenville' s Child, Inc., Save Our Sons, Neighborhoods In Action, The Neighborhood Economic Development Corporation, and Brockwood Senior Housing Corporation.
Served as an attorney member on the Kellogg Bar & Bench Sub-Committee of Judicial Administrative Policy, recommending Family Court Rule changes affecting disposition of cases where the State is involved in establishing permanent placement for Foster Care children (1993-on-going).
I was responsible for the hiring and training of all staff attorneys. I was responsible for public relations with the court system and the community. I served as liaison to the local state and national bar associations.
I was responsible for managing a yearly operating budget of over one million dollars and served as the general counsel for the corporation's financial affairs with state/federal government and other regulating bodies.
I reported to a fifteen-member board of directors appointed by bar associations and community groups."
Judge Jenkins further provided:
"Circuit Court Experience:
My initial experience in Criminal Law Practice began through the Law School's Corrections Clinic Program where, in my senior year,

Printed Page 2820 . . . . . Friday, May 5, 2000

under special court rule for supervised appearances, I represented inmates in Post Conviction Relief Proceedings. This essentially involved challenging their convictions based on legal defects in either the proceeding or the quality of the representation given during the prosecution of the case. This involved conducting extensive interviews with the inmates at the Central Correction Institute location, interviewing other pertinent witnesses, reviewing transcripts of the trial, and drafting pleadings and motions to challenge the convictions at the Circuit Court level.
In the past four years, as a Family Court Judge, I have presided over proceedings involving the full range of Criminal Law and Procedure in Juvenile Court. These have included taking various forms of guilty pleas, conducting Waiver hearings, Detention hearings, Adjudicatory and Dispositional hearings and full- blown trials involving the full range of charges from misdemeanors to more serious felonies by juveniles. In these proceedings the judge acts without a jury to "find facts" and impose an appropriate sentence after receiving a history on the juvenile and his family circumstances. I have had to apply the South Carolina Rules of Criminal Procedure and Rules of Evidence in these proceedings in the same manner as applicable in the Circuit Court. During the past four years I have conducted no less than 500 cases in this area of court practice.
In the Fall of 1998, I received 40 hours of Continuing Legal Education Instructions in a four day course entitled "Evidence In Juvenile and Family Court Proceedings" at the National Council of Juvenile and Family Court Judges School at the University of Nevada at Reno. I believe my learning curve in Criminal Law Practice will be no greater or less than others who have come to the Circuit Court Bench and that I can quickly get current to a greater degree by attending targeted Criminal Law CLEs and by the actual experience of presiding over Criminal Proceedings with juries. I am a very hard worker at self-improvement in whatever I do. My approach to Circuit Court Judicial Practice will be consistent with my current judicial record in Family Court. I attended the Criminal Law CLEs in November 1999.
Civil Experience:
My past experience at Circuit Court in Civil Practice is very broad and varied. In the past eighteen years of my practice prior to becoming a Family Court Judge, I served as a Staff Attorney, Managing Attorney and Director of Legal Services Programs in Charleston and Greenville Counties."

Printed Page 2821 . . . . . Friday, May 5, 2000

Judge Jenkins reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Infrequent appearances by written motions in social security cases.
(b)   State:     Frequent"
Judge Jenkins reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     65%
(b)   Criminal:   0%
(c)   Domestic:   35%"
Judge Jenkins reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     2%
(b)   Non-jury:   98%"
Judge Jenkins provided that he served as solo counsel 60% of the time and associate counsel 40% of the time.
The following is Judge Jenkins' account of his five most significant litigated matters:
"(a)   Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct., Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.
(b)   John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.
(c)   Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64 year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control.

Printed Page 2822 . . . . . Friday, May 5, 2000

(d)   Jenkins, et al. v. American Modern Homes, et al., 90-10-5549 (Cir. Ct. Charleston County). This case involved seeking to enforce proper hazard insurance coverage for Hugo related damages against a claim of exclusion due to alleged flood damages. The issues were successfully resolved in client's favor after extensive discovery and trial preparation, thus preventing a homeless outcome for clients. (1990).
(e)   Hatchcock and Shuly v. Tammy McKensie, 94-CP-23-1336 (Cir. Ct. Greenville) on Supersedeas to S.C. Supreme Court. This case involved the enforcement of client's right to continue possession of premises under the HUD Section 8 Housing Subsidy Program against improper ejectment proceeding brought by landlord. The client's mental condition complicated resolution of the issues (client is covered under the Americans with Disabilities Act (ADA). Case resolved favorable to interest of client. (1994)."
The following is Judge Jenkins' account of five civil appeals he has personally handled:
"(a)   Creel v. Miles, In re: Dianne Mary Miles, Supreme Court unpublished memorandum #79-179, September 1979. This case involved an unsuccessful attempt to get practical compliance with the ten day hearing rule in cases where a minor has been taken into protective custody through DSS and law enforcement to protect rights of the parent.
(b)   Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct. Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.
(c)   John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.
(d)   Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64

Printed Page 2823 . . . . . Friday, May 5, 2000

year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control."
Judge Jenkins reported:
"I am now serving as a Circuit Family Judge for the 13th Judicial Circuit. My current term is through June 2002. This is a Court of limited jurisdiction by statute covering Marital Litigation, Juvenile cases, Child Dependency cases and other Domestic Relations Issues."
The following is a list of Judge Jenkins' five most significant orders or opinions:
(a)   Rourk v. Rourk, 95-DR-95-08-1178, Charleston, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.
(b)   Wham v. Simpson, et al., Greenville, 96-DR-23-5756, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.
(c)   Simons v. Simons, Greenville, 98-DR-23-550, 98-DR-23-1819; (Private marital litigation involving issues of divorce, custody, child support, equitable division of property and debts, and attorney fees.) The decision voids a purported agreement due to unequal bargaining position and legal unrepresentation of the wife. It allows issues to be presented after the wife obtained competent representation.
(d)   SCDSS v. Evans, et al., Greenville, 95-DR-23-5300, 97-DR-23-1073, T.P.R. (Public Action) (Termination of Parental Rights) The decision allows termination based on S.C. law application.
(e)   SCDSS v. Sturkey, et al., Greenville, 99-DR-23-258, T.P.R. (Public Action) (Termination of Parental Rights). The decision allows termination based on S.C. law application. S.C. Court of Appeals 4/22/99 - Opinion #99 affirms.
Judge Jenkins has run unsuccessfully for judicial office on two occasions:
(a)   Candidate for Resident Seat #2 Circuit Court of Greenville, February 2000. Withdrew before formal vote.
(b)   Candidate for Judicial Seat 3, Family Court, Greenville County, January 1992.

(9)   Judicial Temperament:
The Commission believes that Judge Jenkins' temperament has been and would continue to be excellent.


Printed Page 2824 . . . . . Friday, May 5, 2000

(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported "Judge Jenkins was found to be qualified pursuant to the evaluative criteria."
Judge Jenkins is married to Margaret Helen (Rivers) Jenkins. He has two children: Robert Nathaniel Jenkins, Jr., 26 - Account Representative with MCI, Greenville, S.C.; Jason Matthew Jenkins, 18, Tuskegee University, Tuskegee, Alabama.
Judge Jenkins reported that he was a member of the following bar associations and professional associations:
(a)   South Carolina Bar Association (1976 - present);
(b)   South Carolina Black Lawyers Association, member; served as its Treasurer 1976-1980;
(c)   Greenville Bar Association, dues paying member;
(d)   American Bar Association, member; served on the Economics of Law Practice Group;
(e)   South Carolina Legal Services Advisory Group, served as Chairman 1983-1996;
(f)   National Project Advisory Group for Legal Services, served as S.C. representative (1983/96).
Judge Jenkins provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
(a)   Allen Temple A.M.E. Church, Board of Trustees; Assist Superintendent of Sunday School; member, Finance Commission;
(b).   Association of Citadel Men, member;
(c)   Northwest (Travelers Rest) YMCA- Board member, 1996 - present.
Judge Jenkins provided the following additional information:
(a)   Concurrent Resolution #S698 from the State Legislature for Outstanding Service as a Governor Appointee to the State Committee for Improvement of Workers Compensation Law, 1987.
(b)   Certification of Appreciation Award from the State Department of Youth Services for teaching the Pre-Trial Diversion Class for Juvenile, 1985.
(c)   Columbia University School of Law, Completed two weeks course in Civil Procedure taught by Judge J. Weinstein (1982).
(d)   Leadership South Carolina, 1983 Graduate.
(e)   Leadership Greenville, 1982 Graduate.


Printed Page 2825 . . . . . Friday, May 5, 2000

Edward W. "Ned" Miller
Judge of the Circuit Court, At Large, Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Miller meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Miller was born on September 24, 1952. He is 47 years old and a resident of Greenville, South Carolina. Mr. Miller provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Miller.
Mr. Miller demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Miller demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Miller reported that he has not made any campaign expenditures.
Mr. Miller testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Miller testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

(3)   Professional and Academic Ability:
The Commission found Mr. Miller to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.


Printed Page 2826 . . . . . Friday, May 5, 2000

Mr. Miller described his past continuing legal or judicial education during the past five years as follows:
(a)   1998   South Carolina Public Defender Conference;
(b)   1997   Advanced Federal Sentencing Guidelines;

South Carolina Public Defender Conference;
(c)   1996   Understanding the New South Carolina Criminal Laws;

Greenville County Bar Seminar; Powerful Witness Preparation;
(d)   1995   Greenville County Bar; Seminar Everyday Ethics; Family Law; and Ethics;
(e)   1994   Counseling Negotiation; Advanced Federal Sentencing Guidelines; The Year that Was.
Mr. Miller reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Mr. Miller reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Mr. Miller did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Miller did not indicate any evidence of a troubled financial status. Mr. Miller has handled his financial affairs responsibly.
The Commission also noted that Mr. Miller was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Mr. Miller reported that his Martindale-Hubbell rating is "BV."

(6)   Physical Health:
Mr. Miller appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental Stability:
Mr. Miller appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Miller was admitted to the South Carolina Bar in 1978.


Printed Page 2827 . . . . . Friday, May 5, 2000

Mr. Miller reported the following experience:
"November 1978 - April 1980:   Southern Bank and Trust Company

Federal Regulations Compliance Officer;
April 1980 - June 1981:     Assistant Public Defender for Greenville County;
July 1981 - June 1982:     Sole Practitioner in the General Practice of Law in Greenville, South Carolina;
July 1982 - Present:     Miller and Paschal, Attorneys at Law, General Practice with concentration in Criminal and Civil litigation."
Mr. Miller further reported:
"Experience in Criminal Matters:
My private law practice includes a significant amount of criminal work in the Court of General Sessions. Additionally, I have worked as a part-time Assistant Public Defender for Greenville County for fourteen years. I have handled thousands of criminal cases. These cases have involved a wide variety of matters including: offenses against the person (murder and all other degrees of homicide, all levels of assault and battery, all degrees of criminal sexual conduct, kidnapping and all degrees of robbery); offenses against property (all degrees of burglary and larceny, arson, forgery, breach of trust, shoplifting, and all types of financial transaction crimes); drug offenses (all types of illegal drugs and all degrees of involvement including possession, possession with intent to distribute, distribution and trafficking); traffic offenses (all degrees of driving under the influence including accidents resulting in injury and death, driving under suspension, and failure to stop for police vehicles); crimes against morality (prostitution, indecent exposure, and lewd acts); prison offenses (escape and contraband possession); and violation of probation cases.
I have defended one death penalty case which resulted in a plea to a life sentence.
I have practiced criminal law in the United States District Court for South Carolina since 1982. I have handled all types of federal offenses including drug offenses, weapons offenses, economic offenses, securities fraud, and bank robberies.
My experience in the above listed cases includes bond hearings, motion hearings, guilty pleas, and jury trials to verdict."
Experience in Civil Matters:
"Over the course of my career I have represented both plaintiffs and defendants in civil matters. Recently, my civil practice has


Printed Page 2828 . . . . . Friday, May 5, 2000

included personal injury cases and other torts. I have spent a significant amount of time on a federal securities fraud case which involved a shareholder class action and a claim under an officers' and directors' errors and omissions insurance policy. The securities class action case has recently been remanded from the Fourth Circuit Court of Appeals to District Court for further factual determination concerning the parties excluded from the class, including my client.
I am currently representing two death-sentenced inmates in Post Conviction Relief proceedings. The first case has been fully litigated and is in the post-trial briefing stage, and the other is in the pre-trial discovery stage.
Early in my career in private practice, I handled litigation for Southern Bank and Trust Company, including general litigation and collection work. I have handled automobile accident cases, libel and slander cases, contract disputes, water drainage damage cases, defective products cases, matters in the probate court, social security disability cases, and real estate proceedings including closings and disputes over real estate."
Mr. Miller reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Bi-Monthly
(b)   State:     Bi-Weekly"
Mr. Miller reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     25%
(b)   Criminal:   50%
(c)   Domestic:   25%"
Mr. Miller reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     15%
(b)   Non-jury:   85%"
Mr. Miller provided that he most often served as sole counsel.
The following is Mr. Miller's account of his five most significant litigated matters:
"(a)   McCall by Andrews v. Batson, 329 S.E.2d 741, 285 S.C. 243. This case was an appeal from a Demurrer which was decided by the South Carolina Supreme Court in 1985. This case abolished the doctrine of sovereign immunity as it applied to the state and all local subdivisions of government, excepting discretionary

Printed Page 2829 . . . . . Friday, May 5, 2000

authority of the three branches of government. This case has been considered a landmark decision.
(b)   State v. Anthony Caruso. This case involved the murder and armed robbery of a grocery store clerk making a night deposit. Caruso, along with two co-defendants, was charged with murder and armed robbery, and the State sought the death penalty. The case involved issues related to physical evidence, voluntariness of a confession, implicating statements of co-defendants, and the development of a mitigation defense in anticipation of a conviction. On the eve of trial the State offered a life sentence in exchange for a guilty plea, which the defendant accepted.
(c)   U.S. v. Ross Cosmetics Distribution Center, Ross Freitas, et al. This multi-defendant case involved complicated international trade agreements, corporate buyouts, and business dealings which resulted in securities fraud and the resultant loss of millions of dollars by shareholders. When the fraud was revealed, the stock price plummeted from $55.00 per share to $4.00 per share. This publicly owned company, which traded on NASDAQ, was supplied by a manufacturer in England and financed by a Swiss factor. Both the manufacturer and the factor were owned, through seven Panamanian holding corporations, by the same group of investors located in Dubai. The Dubai investors gradually obtained control of Ross Cosmetics through "stock for inventory" trades. The investors illegally failed to reveal their controlling interest by using the seven holding companies to acquire the stock shares of Ross Cosmetics. The investors artificially inflated the value of the Ross Cosmetics stock by selling the English manufactured goods to Ross Cosmetics below cost, thus making Ross Cosmetics appear to have a superior profit margin and thereby driving up the value of the stock. The government returned a twenty count indictment alleging conspiracy, securities fraud, false statement, mail fraud, and customs fraud. I represented the lead defendant, Ross Freitas, who the government originally alleged to be the mastermind of this scheme. While this case resulted in the largest criminal fine in South Carolina history, Mr. Freitas plead Nolo Contendere to a misdemeanor and received six months probation.
(d)   Richard Longworth v. State. This case is a pending Post Conviction Relief action involving a death sentenced inmate. Richard Longworth was convicted in 1991 of armed robbery and two murders at the Westgate Cinemas in Spartanburg. He

Printed Page 2830 . . . . . Friday, May 5, 2000

received the death penalty. The PCR has been fully litigated from the initial pleadings through a week of trial. Post trial briefing is complete, and the parties are awaiting the Judge's Order. The issues raised by the Applicant at trial included: ineffective assistance of counsel due to trial counsel laboring under an actual conflict of interest by representing dual clients with divergent interests; prosecutorial use of false or inaccurate testimony; failure by the prosecution to disclose discoverable Brady material; failure of trial counsel and the trial court to inform applicant of his right to testify at the penalty phase of his trial; failure of trial counsel to object to the trial court's improper and misleading instruction to the applicant concerning the scope of cross examination; and other general ineffective assistance of counsel claims.
(e)   Federal Insurance Company v. Ross Cosmetics Distribution Center, et al. Numerous class action lawsuits were initiated against Ross Cosmetics' successor and various officers and directors alleging federal securities laws violations. Federal Insurance Company had issued an Executive Liability and Indemnification Policy, owned by Ross Cosmetics, to insure its officers and directors against errors and omissions. Federal Insurance Company initiated an interpleader action in the South Carolina District Court to determine if it should be required to pay the policy proceeds and which "insureds" would be entitled to the proceeds. The policy proceeds were paid into the registry of the Court and Federal Insurance was relieved of further liability. I represented two former officers and directors of Ross Cosmetics in their claims to the policy proceeds. Other former officers and directors had assigned their rights under the policy to Ross Cosmetics' successor corporation which strongly contested my clients ' claims to the proceeds. Various orders were filed in the District Court with respect to proceeds distribution, which resulted in Motions to Alter and Amend, and Judicial Stays imposed due to related matters before the Securities and Exchange Commission. This action was also related to a federal criminal action and shareholder class action lawsuits. Ultimately, the case was settled on the eve of the trial before the United States District Court.
Mr. Miller as provided a list of the following civil appeals he has personally handled:
"(a)   McCall by Andrews v. Batson, 329 S.E.2d 741, 285 S.C. 243, (1985);

Printed Page 2831 . . . . . Friday, May 5, 2000

(b)   Ro-Lo Enterprises v. Hicks Enterprises, Inc., 362 S.E.2d 888, 294 S.C. 111 (1987);
(c)   Robbins v. First Federal Savings Bank, 363 S.E.2d 418, 294 S.C. 219 (1987);
(d)   McCarter v. Willis, 383 S.E.2d 252, 299 S.C. 198 (1989)."

(9)   Judicial Temperament:
The Commission believes that Mr. Miller's temperament would be excellent.

(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported: "Mr. Miller was found to be qualified pursuant to the evaluative criteria."
Mr. Miller is married to Martha Albrecht Miller. He has two children: Elizabeth, age 16; and E. Walker, age 14.
Mr. Miller reported that he was a member of the following bar associations and professional associations:
(a)   South Carolina Bar Association;
(b)   Greenville County Bar Association (1993 Board of Directors);
(c)   South Carolina Association of Criminal Defense Lawyers;
(d)   National Association of Criminal Defense Lawyers;
(e)   South Carolina Trial Lawyers Association;
(f)   American Trial Lawyers Association.
Mr. Miller provided that he has participated in the following civic, charitable, education, social, or fraternal organizations:
"I am currently the President of the Downtown Soccer Association and have been so since 1998; my term will expire at the end of this calendar year. I have been on the Board of Directors since 1996. I have served as a volunteer youth soccer coach throughout the last five years. This organization is a youth soccer club serving approximately 450 young people in the downtown Greenville area. I have supervised the construction of and fund raising for a four-field soccer complex during my term as President. I have played a pivotal role in negotiating a "public-private" partnership with the city of Greenville related to its contemplated construction of ten additional soccer fields at the same location. My participation has included dealing with the head of the City recreation department, the City manager and making a presentation to the City Council and various committees. This city soccer complex will be managed by the Downtown Soccer Association."
Mr. Miller further added:


Printed Page 2832 . . . . . Friday, May 5, 2000

"My family and I are active communicants at Christ Church Episcopal in Greenville. In the early 1990's, I served three years as treasurer for St. James Episcopal Church, also in Greenville. I have coached my daughter's church basketball teams and numerous youth sport teams at the Cleveland Street YMCA, in Greenville."

Clifton Newman
Circuit Court, At-Large Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Newman meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Newman was born on November 7, 1951. He is 48 years old and a resident of Columbia, South Carolina. Mr. Newman provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1981.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Newman.

Mr. Newman demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Newman reported that he has not made any campaign expenditures.
Mr. Newman testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Newman testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.


Printed Page 2833 . . . . . Friday, May 5, 2000

(3)   Professional and Academic Ability:
The Commission found Mr. Newman to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Newman described his past continuing legal or judicial education as follows:
"I have exceeded all continuing legal education requirements each year for the past five years by attending the South Carolina Solicitors Association Annual Conference and the Association of Trial Lawyers of America Annual Convention. During this time, I have also established a pattern of attending the Faces of the Future Children Law Seminar, South Carolina Trial Lawyers Association Annual Auto Torts Seminar, various medical-legal seminars, and a capital murder seminar."
Mr. Newman reported that he gave a presentation on the prosecution of DUI cases at the Association of Trial Lawyers of America in Boston, Massachusetts, in July 1996.
Mr. Newman reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Mr. Newman did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Newman did not indicate any evidence of a troubled financial status. Mr. Newman has handled his financial affairs responsibly.
The Commission also noted that Mr. Newman was punctual and attentive in his dealings with the Commission, and the Commission' s investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Mr. Newman reported that he is not rated by Martindale-Hubbell.
He has been Assistant Solicitor of the Third Judicial Circuit since July 1983.

(6)   Physical Health:
Mr. Newman appears to be physically capable of performing the duties of the office he seeks.


Printed Page 2834 . . . . . Friday, May 5, 2000

(7)   Mental Stability:
Mr. Newman appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Mr. Newman was admitted to the South Carolina Bar in 1981. He described his legal experience as follows:
"1976-1977     Associate Attorney, Law Office of Elliott Ray Kelley, Cleveland, Ohio;
1977-1982     Partner, Belcher, and Newman, Cleveland, Ohio;
1982-1994     Law Office of Clifton Newman, Kingstree and Columbia, S.C.;
1994-present   Managing Attorney, Newman and Sabb, P.A., Kingstree, Lake City, and Columbia, S.C.;
1983-present   Assistant Solicitor, Third Judicial Circuit."
Mr. Newman reported the frequency of his court appearances during the last five years as follows:
"(a)   federal:   Once a year.
(b)   state:     Weekly."
Mr. Newman reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     50%
(b)   criminal:   48%
(c)   domestic:   2%"
Mr. Newman reported the percentage of his practice in trial court during the last five years as follows:
"(a)   jury:     20%
(b)   non-jury:   80%"
Mr. Newman provided that he most often served as chief counsel.
The following is Mr. Newman's account of his five most significant litigated matters:
"(a)   State v. Ellis Franklin: 91-GS-45-451. This was as eight-day death penalty trial in Williamsburg County which I participated in as assistant solicitor. The defendant was convicted of murder, rape, burglary, and torture and sentenced to death. The case is significant in that the defendant was given the death penalty by a Williamsburg County jury, the only such verdict in recent history.
(b)   State v. Nathaniel Williams: 87-GS-45-270. This was a death penalty trial in which the defendant was convicted of murder and armed robbery and sentenced to life in prison. The case is


Printed Page 2835 . . . . . Friday, May 5, 2000

significant because the conviction was principally based on the disputed interpretation of a dying declaration by the victim and circumstantial evidence of the guilt of the defendant.
(c)   Jackie Wilson v. Medical University of South Carolina, 1997: This was a medical malpractice case in the Common Pleas Court of Charleston County wherein I successfully represented the plaintiff who suffered blindness in one eye following complicated back surgery. The case was significant because of the complex nature of the evidence presented, the extensive use of expert testimony, talented opposing counsel, and the ultimate success in receiving a hard-fought plaintiff verdict.
(d)   June Harden v. Top Value Homes: 92-CP-45-119. This was a fraud, breach of warranty, and unfair trade practices counterclaim successfully litigated on behalf of a consumer who purchased a defective mobile home. The case is significant in that the consumer was a defendant who prevailed in her counterclaim and was awarded a substantial jury verdict of compensatory and punitive damages.
(e)   State v. Casey Lewis: 99-GS-45-18. This was a recent murder trial that I prosecuted in which, in open court, the defendant stabbed his defense attorney with a homemade shank in the presence of the judge and jury. This outburst occurred while I was examining a witness during the presentation of the case in chief by the State. This case was significant in that in addition to this shockingly unprecedented experience, I successfully argued against the defendant being granted a mistrial due to alleged prejudice precipitated by his own disruptive behavior. The defendant subsequently pled guilty to murder."
The following is Mr. Newman 's account of the civil appeals he has personally handled:
"(a)   Haddock Flying Service v. Tisdale, 339 S.E.2d 525, 288 SC 62 (1986)
Top Value Homes, Inc. v. June Harden, 460 S.E.2d 427, 319 SC 302 (1995)"

(9)   Judicial Temperament:
The Commission believes that Mr. Newman's temperament would be excellent.


Printed Page 2836 . . . . . Friday, May 5, 2000

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds that Mr. Clifton Newman is a qualified and highly regarded judicial candidate. The committee wholeheartedly approves of his candidacy for a circuit court judgeship."
Mr. Newman is married to Patricia Lynette Blanton Newman. He has four children: Corwyn, 26, Graduate Student, UNC-Chapel Hill; Jocelyn, 22, Legal Assistant, Newman and Sabb, P.A.; Kellee, 19, Sophomore, Spelman College, Atlanta, Georgia; Brian DeQuincey, 17, Junior, Spring Valley High School.
Mr. Newman reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   Ohio Bar Association;
(c)   South Carolina Trial Lawyers Association;
(d)   Association of Trial Lawyers of America;
(e)   Bar Association of Greater Cleveland;
(f)   Columbia Lawyers Association;
(g)   Williamsburg County Bar Association;
(h)   Richland County Bar Association;
(i)   Solicitors Association of South Carolina, Inc."
Mr. Newman provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Interfaith Community Services of South Carolina, Inc.: Member, Board of Directors;
(b)   Chairman, Board of Missions, South Carolina Conference, United Methodist Church;
(c)   I. DeQuincey Newman United Methodist Church: Chairman, Administrative Council;
(d)   Williamsburg County Development Board: Member;
(e)   Mayoral Advisory Committee, Town of Greeleyville;
(f)   Corporate Advisory Board, Victory State Bank;
(g)   Richland School District Number Two, Mentoring Program;
(h)   Bethlehem Community Center: Member, Board of Directors;
(i)   Historical Preservation Award: Williamsburg Historical Society;
(j)   Award of Merit: Historic Columbia Foundation;
(k)   Kappa Alpha Psi Fraternity;
(l)   Poinsettia Cotillion."

Printed Page 2837 . . . . . Friday, May 5, 2000

Mr. Newman additionally reported, "The Williamsburg County Bar Association voted unanimously in passing a resolution supporting my candidacy."

Grady L. "Leck" Patterson, III
Circuit Court for the Fifth Judicial Circuit, Seat 3

Commission's Findings:   NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Patterson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Patterson was born on November 18, 1952. He is 47 years old and a resident of Columbia, South Carolina. Mr. Patterson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1979.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Patterson.
Mr. Patterson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Patterson reported that he has made campaign expenditures totaling approximately $20.
Mr. Patterson testified 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;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Patter son testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Mr. Patterson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Patterson described his past continuing legal or judicial education during the past five years as follows:


Printed Page 2838 . . . . . Friday, May 5, 2000

"Date           Course
1995   March 25-27     National Guard Judge Advocate Conference;

July 28     Federal Practice in District Court;

August 24     Proposed New S.C. Rules of Evidence;

October 13-15     U.S.A.F. Annual Survey of the Law;

December 7       Mastering S.C. Rules of Evidence;
1996   August 19-23     Reserve Forces Judge Advocate Course;

November 11     Ethics Seminar;
1997   September 21     Annual National Guard Conference;

September 26     S.C. Tort Law Update;

October 10-12     U.S.A.F. Annual Survey of the Law;
1998   May 6         Fair Debt Collection Practices Act;

October 9-11     U.S.A.F Annual Survey of the Law;
1999   September 17-19     International Humanitarian Law;

November 19     Criminal Practice;
2000   January 8       Practicing Ethically in the 21st Century;

February 25       Tips from the Bench."
Mr. Patterson reported that he has taught the following law-related courses:
"(a)   Continuing Legal Education Seminar, Office of Attorney General, Discovery in Administrative Proceedings;
(b)   Continuing Legal Education Seminar, Soldiers' and Sailors' Civil Relief Act;
(c)   U.S.A.F. CLE, Annual Survey of the Law, Denver, CO, Deployment;
(d)   U.S.A.F. CLE, Annual Survey of the Law, Denver, CO, Domestic Violence and Military;
(e)   Lecturer at A.N.G. Commander School, Knoxville, TN;
(f)   Solicitors' Association, Drug Forfeiture Act, Myrtle Beach, SC."
Mr. Patterson reported that he has published the following:
"Co-author, Civil Forfeiture Manual (South Carolina Attorney General, 1984). "
He further provided that he has published materials for the lectures mentioned above.

(4)   Character:
The Commission's investigation of Mr. Patterson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Patterson did not


Printed Page 2839 . . . . . Friday, May 5, 2000

indicate any evidence of a troubled financial status. Mr. Patterson has handled his financial affairs responsibly.
The Commission also noted that Mr. Patterson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:
Mr. Patterson reported that his Martindale-Hubbell rating is "AV."

(6)   Physical Health:
Mr. Patterson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Patterson appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:
Mr. Patterson was admitted to the South Carolina Bar in 1979.
Mr. Patterson described his legal experience as the following:
"Upon completion of law school and admission to the South Carolina Bar, I began practicing law with the South Carolina Attorney General's Office. I was involved in a number of areas of the law including workers' compensation, tort claims, condemnation actions, construction law claims, enforcement actions for State agencies, drug forfeiture actions, tender offer actions, licensing board hearings, and writing legal opinions.
In connection with my workers' compensation work, I represented the State Workers' Compensation Fund in all compensation cases involving the Fund which arose in one of the seven South Carolina Industrial Commission administrative districts. I also handled tort claims against the State and State employees which, at the time, were jury matters. The majority of my courtroom work was in connection with handling tort cases and condemnation cases.
Another significant aspect of my work with the Office concerned construction law. I was involved in contract drafting, contract administration, arbitration, and litigation.
A major responsibility of attorneys in the Attorney General's Office was representation of State agencies. Representation included defending agencies against suits and prosecuting enforcement actions for licensing agencies and rendering opinions. In connection with


Printed Page 2840 . . . . . Friday, May 5, 2000

representing the Deputy Securities Commissioner I worked with review of tender offer securities transactions. I appeared before the Fourth Circuit Court of Appeals in defense of State tender offer review action.
I was also assigned to the Attorney General's Legislative Task Force which drafted and presented proposed legislation to the General Assembly. I helped draft amendments to the drug forfeiture act and was involved in drug forfeiture actions.
I entered private practice in 1985 with the Columbia firm of Quinn, Brown & Arndt which later became Quinn, Patterson & Willard. I practiced with this firm until 1999. In January 2000 I began practice with the firm of Montgomery, Patterson, Potts & Willard, L.L.P. in Columbia. The majority of my practice has been in litigation with a focus on contracts, leases, business torts, and construction law. In addition, I have done corporate work including drafting of various contracts, leases, and other corporate documents.
I have handled a number of appeals including appeals in the South Carolina Court of Appeals, the South Carolina Supreme Court, the United States District Court, and the United States Fourth Circuit Court of Appeals. I have been involved in bankruptcy cases and have handled a case in the United States Court of Federal Claims.
In addition to my regular practice I am a member of the South Carolina Air National Guard which I joined in 1981. I attended the Air Force law school, which is known as the Judge Advocate School, and was first in my class. Following Judge Advocate School I was designated a Judge Advocate. In my work with the Guard I have prosecuted and defended airmen subject to discharge before discharge boards. I have also served as the legal advisor to boards who serves in the role of a judge for the hearing. My judge advocate work includes issues ranging from the law of armed conflict to preparing wills for deploying troops. I have received civil affairs training to prepare me for work in foreign countries.
In 1982 I was fortunate to have the opportunity to attend the National Institute for Trial Advocacy in Denver, Colorado. This intensive training in trial techniques and evidence law has been of great benefit to me in my practice.
My criminal work has been limited to magistrate and municipal courts. I will study diligently to make up for the level of my experience in this area. I have already attended a criminal CLE to begin the process.
My work has been balanced between plaintiff and defense matters and jury and non-jury matters."

Printed Page 2841 . . . . . Friday, May 5, 2000

Mr. Patterson reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Average 12 per year
(b)   State:   Average a little more than 14 times per year"
Mr. Patterson reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     94%
(b)   Criminal:   5%
(c)   Domestic:   1% (Court appointed cases)"
Mr. Patterson reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     Approximately 50% of practice consisted of jury cases although none went to a jury during this period
(b)   Non-jury:   Approximately 50% of practice consisted of non-jury matters"
Mr. Patterson provided that he most often served as sole counsel, however, he has often served as co-counsel on larger cases.
The following is Mr. Patterson's account of his five most significant litigated matters:
"(a)   H. Thomas Taylor v. Terry L. Cash, et al. (more than twenty cases). Suit by lessor of nursing homes who was former business partner of the Defendant whom, along with Defendant companies, we represented. Plaintiff lessor sought a declaratory judgment, alleged fraud, alleged breach of contract, sought claim and delivery of equipment, and sought ejectment of the lessees in connection with transfer of leases of six nursing homes and related covenants not to compete. Numerous issues resulted in more than twenty suits being brought in or removed to Bankruptcy Court and handled as adversary proceedings. Four trials were held (including a number of cases consolidated for trial). Three of the cases were appealed to the United States District Court where they were briefed and argued. One of the cases was appealed to the United States Fourth Circuit Court of Appeals where the issues were briefed prior to settlement. A significant trial involved the issue of whether Plaintiff could sell the nursing homes and, thereby, eliminate Defendants' interests. We were successful in preventing the sale. The case involved issues of first impression and is reported at In re Taylor, 198 B.R. 142 (D.S.C. 1996).
(b)   Turner Murphy Company v. City of York (two cases). Suit by contractor against the City of York, South Carolina, for the

Printed Page 2842 . . . . . Friday, May 5, 2000

balance of the contract price on construction of new wastewater treatment plant. Represented the City of York in a two-week jury trial. Case was significant due to the number of issues involved including complex administrative issues involving the U.S. Environmental Protection Agency. The second suit was brought several years later by the City against the contractor and engineer for defective work when a concrete filter structure leaked. Three-day jury trial in the York County Circuit Court resulted in a verdict for the City.
(c)   F.D.D. Ltd. v. GMK Construction, et al. (two cases). Represented the plaintiffs in a suit originally by developer and prosecuted by the homeowners' association of a residential development. Suit was brought against the contractor, subcontractor, and engineer for defects in roadways and piping system in the development. Settled with contractor and subcontractor. Week long jury trial in the United States District Court for the District of South Carolina against the engineer resulted in verdict for the homeowners' association. Verdict and settlement amounts provided sufficient funds for the homeowners' association to effect all needed remedial work.
(d)   Griggs v. Southern Electronic Manufacturing Company. Suit by manufacturer's representative against manufacturer alleging breach of an agreement to pay the representative an ongoing commission. Case involved a significant issue of whether sales commissions can be received as long as a business sells to the customer introduced by the representative. Represented the defendant and obtained summary judgment for client.
(e)   Covington v. Genesis. Suit by former member of a real estate relocation referral service for breach of contract and franchise law. Significant issues of franchise law. Represented the defendant and obtained summary judgment for client."
The following is Mr. Patterson's account of five civil appeals he has personally handled:
"(a)   Rowe v. Hyatt, 321 S.C. 366, 468 S.E.2d 649 (1996). This case involved the question of whether an individual owner who did not participate in the sale of an automobile could be liable under the Automobile Dealers Act, S.C. Code Ann. Section 56-15-10, et seq. (Supp. 1998). Court of Appeals decision reported: Rowe v. Hyatt, 317 S.C. 172, 452 S.E.2d 356 (Ct. App. 1995).
(b)   D & D Leasing Co. of South Carolina v. David Lipson, Ph.D., P.A., 305 S.C. 540, 409 S.E.2d 794 (Ct.App. 1991). This case

Printed Page 2843 . . . . . Friday, May 5, 2000

involved the issue of whether an automobile lease termination clause which provided for acceleration of unpaid lease payments and sale of the repossessed automobile was valid.
(c)   D & D Leasing Co. of South Carolina v. Gentry, 298 S.C. 342, 380 S.E.2d 823 (1989). This case involved the question of whether a commercial lease of personalty was governed or controlled by Article 2 (Sales) of the Uniform Commercial Code.
(d)   Gosnell v. South Carolina Department of Highways and Public Transp., 282 S.C. 526, 320 S.E.2d 454 (1984). This case involved whether a directed verdict should have been granted to the Department in a collision case arising out of work being done on a highway.
(e)   McKenzie v. McKenzie, 276 S.C. 461, 279 S.E.2d 609 (1981). This case involved an attack on the doctrine of sovereign immunity."

(9)   Judicial Temperament:
The Commission believes that Mr. Patterson's temperament would be excellent.

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Mr. Grady L. "Leck" Patterson, III, to be a qualified and highly regarded judicial candidate. The committee wholeheartedly approves of his candidacy for a circuit court judgeship."
Mr. Patterson is married to Sarah Jordan Patterson. He three children: Grady L. Patterson, IV (age 18); Jonathan D. Patterson (age 15); Sarah M. Patterson (age 11).
Mr. Patterson reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar (Chairman of the Military Law Section, 1990-1991; Member of the House of Delegates for Military Law Section, 1991-1992; Member of the House of Delegates for the Fifth Judicial Circuit, 1992-1998; Committee on Continuing Education);
(b)   Richland County Bar Association (Clerk of Court Committee);
(c)   American Bar Association (Section on Litigation)."
Mr. Patterson provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:


Printed Page 2844 . . . . . Friday, May 5, 2000

"(a)   National Guard Association of the United States, National Guard Association of South Carolina, By-Laws Committee;
(b)   Spring Valley Homeowners Association Board of Directors, President (1995-1998);
(c)   United Way volunteer;
(d)   Shandon Presbyterian Church, Columbia, S.C.;
(e)   Graduate of USAF Air War College;
(f)   Graduate of USAF Air Command and Staff College;
(g)   Received Commendation Medal for service in South Carolina during Operation Desert Storm."

CONCLUSION

The following persons were nominated:

Circuit Court, Fifth Judicial Circuit, Seat 3

Judge Ralph King "Tripp" Anderson, III,

G. Thomas Cooper, Jr.

Grady L. "Leck" Patterson, III

Circuit Court At-Large Seat 3

Lisa G. Collins

Edward W. "Ned" Miller

Clifton Newman

Respectfully submitted,

/s/ Rep. F. G. Delleney, Jr.       /s/ Sen. Glenn F. McConnell
/s/ Sen. Edward E. Saleeby     /s/ Sen. Thomas L. Moore
/s/ Rep. Wm. Douglas Smith     /s/ Rep. Ralph W. Canty
/s/ Harry M. Lightsey, Jr.       /s/ Judge Curtis G. Shaw
/s/ Richard S. Fisher           /s/ Amy Johnson McLester

Note: Harry M. Lightsey, Jr. did not participate in the Commission's investigation, public hearing, deliberations, or voting regarding candidates for Circuit Court for the Fifth Judicial Circuit, Seat 3.

On motion of Senator Moore, ordered printed in the Journal.


Printed Page 2845 . . . . . Friday, May 5, 2000

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.

By prior motion of Senator LAND, with unanimous consent

ADJOURNMENT

At 11:11 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Monday, May 8, 2000, at 11:00 A.M.

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