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AND ALSO, THAT YOU CAN BE ASSURED THERE IS SOME CONSISTENCY; THAT THE FACT THAT YOU WOKE UP ON A DIFFERENT SIDE OF THE BED THE NIGHT BEFORE WOULD HAVE NO BEARING, WHEN THE GAVEL IS SOUNDED, AND THE PROCEEDING IS STARTED; THAT YOU WILL BE TREATED WITH UTMOST RESPECT, AS THE PROCEEDINGS CONTINUE ON. I THINK MY BACKGROUND, COMING FROM A FAMILY OF NINE AND BEING THE ELDER -- THAT'S NEXT TO THE YOUNGEST -- YOU JUST CAN'T LIVE IN THAT TYPE OF ENVIRONMENT AND DON'T CREATE OR BE A PART OF GIVE-AND-TAKE. He lectured several times to senior citizens and church groups on the importance of having a Will, benefits for senior citizens and basic legal matters pertaining to the indigents and senior citizens. Legal experience since graduation from law school: 1966-1968 In private practice with Attorney Richard E. AND I WAS DIRECTOR OF THAT PROGRAM UNTIL I LEFT IN 1973, AND WENT INTO PRIVATE PRACTICE. He was married to Patricia Mae Brumbach on September 5, 1970. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. I THINK, COMING FROM A FAMILY OF NINE, AND FROM WHERE WE STARTED AND HOW WE HAD TO WORK TOGETHER IN DIFFERENT CAPACITIES TO ACHIEVE WHAT WE DID, I THINK IT HAS EMBODIED ME WITH THE TEMPERAMENT TO DEAL WITH PEOPLE. Fields (now, Circuit Court Judge) 1968-1973 Director of the Neighborhood Legal Assistance Program for Charleston County - providing free legal services for the indigent 1974-1984 Part-time Assistant Solicitor for the Ninth Judicial Circuit and in the general practice of law 1984-present Elected to the House of Representatives and still in private practice 14. AND IN '74, I WAS APPOINTED ASSISTANT SOLICITOR FOR THE NINTH JUDICIAL CIRCUIT, WHERE I SERVED UNTIL '84, WHEN I GOT ELECTED TO THE HOUSE. He was born in Gaffney, South Carolina (Cherokee County) on January 5, 1948. He has two children: Patricia Adair, age 16; and Lawson Brumbach, age 12. Military Service: United States Air Force Reserve; August, 1968 through November, 1969; ROTC Cadet; ***-**-****; Honorable Discharge. He attended Clemson University, August, 1966 through May, 1970, Bachelor of Arts; and the University of South Carolina, August, 1971 through May, 1974, Juris Doctor. In college he was selected Who's Who in American Colleges and Universities, 1969-1970; Tiger Brotherhood; Student Body Vice-President; Sports Editor, THE TIGER, Student Newspaper; Student Senate; and South Carolina State Student Legislature. Legal/Judicial education during the past five years: He has fully complied with all continuing legal education requirements during this period. WE CHECKED ALSO WITH SPARTANBURG COUNTY SHERIFF'S OFFICE, SPARTANBURG CITY POLICE DEPARTMENT, SLED, F. I., THE JUDGMENT ROLLS OF SPARTANBURG COUNTY, AND THOSE ARE NEGATIVE. ALL OF THOSE ACTIONS ARE MORTGAGE FORECLOSURES WHERE I HAD EITHER A SECOND MORTGAGE AND WAS MADE A PARTY, OR I HAD A LIEN FOR ATTORNEYS FEES OR SOMETHING LIKE THAT. DO YOU HAVE THAT COMPUTER PRINTOUT THAT CAME FROM THE DEFENDANT INDEX? Q THE FIRST ONE ON THERE EITHER HAS YOUR NAME SPELLED WRONG OR -- COULD YOU TELL US?
Under the statute, the Committee's determination in regard to each candidate is not binding on the members of the General Assembly. In college he tried out for the football team, was an intramural's official, and was a member of the Phi Theta Kappa Honor Society. His primary responsibilities involved legal research and screening interviews.
WHAT DO YOU THINK THE IMPORTANCE OF JUDICIAL TEMPERAMENT IS, FOR A JUDGE? I HAVE HAD THE OCCASION OF BEING IN THE TRENCHES FOR THE LAST NINE YEARS, MEANING THE TRENCHES IN FAMILY COURT, MEANING THE TRENCHES IN CIRCUIT COURT, PARTICULARLY GENERAL SESSIONS COURT, AND HAVING THE PLEDGE TO PERSONALLY OBSERVE DIFFERENT CIRCUIT COURT JUDGES COME TO OUR FINE COUNTY AND HOW THEY HAVE DISPLAYED THEMSELVES IN THE COURSE OF SEEKING JUSTICE. CHAIRMAN POPE: SENATOR, I UNDERSTAND THAT THE AIR CONDITIONING IS ON FULL-BLAST. MARTIN, HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY? Q ARE THERE ANY CLARIFICATIONS OR AMENDMENTS NEEDED? Q YOU HAVE NO OBJECTION TO US MAKING THAT SUMMARY A PART OF THE RECORD? C., October 23, 1987 Corporation, Banking and Securities/Real Estate Practices, Family Law, January 10, 1986 A Judicial CLE Seminar, June 20, 1986 9. Box 70398, Charleston, SC 298115-0398 (e) Capers G. HAVING CHECKED THE HIGHWAY DEPARTMENT RECORDS AND THE RECORDS OF CHARLESTON COUNTY SHERIFF'S OFFICE, CHARLESTON CITY POLICE DEPARTMENT, SLED, AND F. I., AS WELL AS THE JUDGMENT ROLLS OF CHARLESTON COUNTY, ALL OF THOSE RECORDS ARE NEGATIVE. A WELL, I STARTED MY LAW PRACTICE IN 1966, AFTER GRADUATING FROM LAW SCHOOL, WITH ATTORNEY RICHARD FIELDS, WHO IS NOW JUDGE FIELDS.
IT IS A GREAT THING, AS A PRACTICING ATTORNEY, TO KNOW THAT WHEN YOU COME BEFORE A PARTICULAR JUDGE, THAT FIRST OF ALL, YOU BE TREATED WITH RESPECT, THAT THE SLATE IS CLEAN, THAT WE ALL ARE STARTING OFF AT THE SAME STARTING POINT. WE'RE NOT IN EXECUTIVE SESSION; LET'S LET SOME AIR IN HERE. Courses Taught: He lectured on Family Law Legislation at the Family Court Judges Conference held in Charleston, South Carolina in 1988. Box 388, Charleston, SC 29402-0388 (d) Honorable Bernard R. AND AFTER A YEAR OF PRACTICE, I WAS INSTRUMENTAL IN GETTING ESTABLISHED NEIGHBORHOOD LEGAL ASSISTANCE PROGRAMS, DESIGNED FOR THE PURPOSE OF RENDERING FREE LEGAL SERVICES TO INDIGENTS IN CHARLESTON COUNTY. Box 1904, Spartanburg, SC 29304 Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU.
M., the hour to which it stood adjourned and was called to order by the PRESIDENT. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration. Sincerely, Gene Beckman Boards and Commissions TO: The Clerk of the Senate The Clerk of the House FROM: Thomas H. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House. WE HAVE A COUPLE OF ITEMS WE NEED TO TEND TO IN EXECUTIVE SESSION -- THAT'S OUR TRADITION -- SOME THINGS WE WILL NEED TO DISCUSS PRIVATELY. THE CANDIDATE IS INVESTIGATED BY SLED, INCLUDING COURTROOM RECORDS. THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS THE PERSONAL HISTORY, HEALTH, AND PROFESSIONAL EXPERIENCE, AND CONTAINS FIVE LETTERS OF REFERENCE. He was born in Wilmington, North Carolina on December 3, 1920. He was previously divorced from Jean O'Neal Warshauer; Durham, North Carolina; County Civil Court; one year separation; September 8, 1965. Five significant Orders or Opinions Written: (a) , 268 S. In this case, the wife's mother had voluntarily supported the parties during their marriage in an amount exceeding ,000. An interesting feature in this case was that he granted permanent alimony substantially in excess of the original agreement and, more interestingly, he also gave her 15% of his annual bonus as additional alimony. The husband had historically received substantial annual bonuses. It was the first case that decided once and for all that military retirement benefits were marital property subject to equitable division. The Defendant was found guilty of Voluntary Manslaughter. He had an emergency involving his sister's family (Elizabeth Moore). AND THAT INDIVIDUAL WAS BROUGHT BACK BEFORE THE CIRCUIT COURT OF BERKELEY COUNTY AND WAS FOUND GUILTY OF FAILURE TO PAY FOR MATERIAL. I WAS PRIMARILY RESPONSIBLE FOR THE FAMILY COURT DIVISION; AND BEING SO DELEGATED, I HAD THE RESPONSIBILITY OF FILING CIVIL ACTION TYPE PROCEEDINGS PERTAINING TO CHILDREN WHO WERE ABUSED AND NEGLECTED, FLOWING FROM THE DEPARTMENT OF SOCIAL SERVICES. A JUST TO SAY THAT TO BE HERE THIS MORNING IS JUST AN HONOR.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows: Beloved, the Book of Revelation was written to give encouragement in difficult times. Pope, III, Chairman Judicial Screening Committee DATE: April 8, 1992 In compliance with the provisions of Act No. WE'RE NOT GOING TO ASK YOU TO LEAVE BECAUSE THERE ARE SO MANY OF Y'ALL. WE'RE HERE TODAY FOR THE PURPOSE OF EXAMINING CANDIDATES FOR THE TERM EXPIRATIONS IN THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT #2; SECOND JUDICIAL CIRCUIT, SEAT #1; FOURTH JUDICIAL CIRCUIT, SEAT #1; FIFTH JUDICIAL CIRCUIT, SEATS #1 AND #4; SEVENTH JUDICIAL CIRCUIT, SEAT #3; AND THE EIGHTH JUDICIAL CIRCUIT, SEAT #2. He has three children: Donna Warshauer Boone-Caldwell, age 39 (Town Clerk; Christiansburg, Virginia); Michael Jerome, age 33 (attorney with firm of Burge & Wettermark; Atlanta, Georgia); and Wendy Warshauer Davidow, age 31 (nurse; Ferndale, Michigan). He found that she expected payment if and when the parties were able to make such repayment. These bonuses were based upon the corporation's performance and were in no way connected to his individual services. The Court of Appeals approved of the methods he used to apportion the retirement benefits; i.e., that is, he used approved accounting methods to determine the present value of the wife's 20% share. He is treated by the medical staff at Shaw Air Force Base. Bar Associations and Professional Organizations: South Carolina Conference of Family Court Judges, member; South Carolina Bar, member; Representative for Third Judicial Circuit on South Carolina Bar Council, 1971-1975; Initial Member of the Board of Governors, 1975; Chairman, Judicial Grievance and Discipline Commission, 1976 (appointed by Governor Edwards); Sumter County Bar, member; North Carolina Bar, inactive member 40. It reaffirmed his belief that you will never know what a jury will do. The Defendant, a 19-year-old black male, was tried for the death of an 18-year-old black male. This case depicts the outrageous situation today of black on black crimes. The Defendant, a 23-year-old sailor was charged with Driving Under the Influence. On a personal note, this was his first jury trial before the Honorable Richard E. Secondly, what seemed to be a simple DUI trial, lasted for four days with the Defendant represented by an outstanding attorney, Reese Joye. His sister requested that he come to the State of Connecticut as soon as possible to assist her son in a legal matter and also to assist them morally. Bar Associations and Professional Organizations: South Carolina Bar Association; Berkeley County Bar Association; South Carolina Trial Lawyers Association; Black Prosecutors Association 40. Q NOW, WHAT TYPE OF CIVIL EXPERIENCE -- I REALIZE YOU'VE BEEN PROSECUTING AS DEPUTY OR ASSISTANT SOLICITOR FOR QUITE A FEW YEARS -- ALMOST TEN YEARS. I HELD THAT POSITION FOR APPROXIMATELY SOME THREE AND A HALF YEARS, AND AT THE SAME TIME, I WAS INVOLVED IN ACTIVE PROSECUTION OF CRIMINAL CASES IN GENERAL SESSIONS COURT, SO THAT WOULD BE THE BASIS FOR MY CIVIL EXPERIENCE THAT I BRING TO THIS COMMITTEE. Q AND YOUR STATEMENT OF ECONOMIC INTERESTS SHOWS NO CONFLICT OF INTEREST. A (NODS HEAD.) CHAIRMAN POPE: DOES THE COMMITTEE HAVE SOME QUESTIONS OF MR. I FEEL AS THOUGH THAT INDIVIDUALS WHO HAVE HAD THE PLEASURE OF SITTING IN THIS SEAT COME FROM DIVERSE BACKGROUNDS, HAVE TRAVELED DIFFERENT ROADS TO GET TO THIS PARTICULAR POINT; AND I JUST BRING TO THIS COMMITTEE THAT TO HAVE MY FAMILY PRESENT AND TO BE HERE, IN AND OF ITSELF, IS AN HONOR.
MY NAME IS TOM POPE; I'M FROM NEWBERRY, AND A MEMBER OF THE SENATE. THE SENATE GOES IN SESSION AT ; YOU GO IN AT -- VICE-CHAIRMAN GENTRY: . NO WITNESSES ARE HERE TO TESTIFY IN ANY WAY AGAINST YOU. BASED ON YOUR YEARS OF EXPERIENCE, HOW IMPORTANT DO YOU REGARD THAT QUALITY? Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD? Percentage of cases in trial courts: Jury - 65% Non-jury - 35% Of those cases he was sole counsel for approximately 90%. Five (5) of the most significant litigated matters in either trial or appellate court: (a) (Murder Trial). The State's key witness was a 17-year-old prostitute who was employed at an escort service in which the Defendant was a part-time driver. The Defendant was tried for the death of her husband. FEDERAL COURT RECORDS SHOW NO JUDGMENTS OR CRIMINAL ACTIONS AGAINST YOU; AND I BELIEVE THERE'S ONE CIVIL ACTION BROUGHT AGAINST YOU, AS ASSISTANT SOLICITOR. HE WAS REPRESENTED BY A FELLOW RUNNING, FROM A CHARLESTON BAR. IT DEALT WITH A SITUATION WHERE A LOCAL MERCHANT IN BERKELEY COUNTY HAD ALLOCATED FUNDS TO A CONTRACTOR, WHO, HAVING RECEIVED THE FUNDS, AFTER COMPLETING THE PARTICULAR BUILDING THAT WAS CONTRACTED UPON, REFUSED TO PAY.
CHAIRMAN POPE: I'LL FORMALLY CALL THE COMMITTEE TO ORDER NOW. WE ARE IN SESSION TODAY, BOTH THE HOUSE AND THE SENATE. Smith, Director Sumter County Department of Social Services P. WE HAVE CHECKED THE RECORDS OF THE HIGHWAY DEPARTMENT, SUMTER COUNTY SHERIFF'S OFFICE, SUMTER CITY POLICE DEPARTMENT, SLED, AND THE F. I., AS WELL AS THE JUDGMENT ROLLS OF SUMTER COUNTY AND THE FEDERAL COURT, AND ALL OF THOSE ARE NEGATIVE. THERE ARE NO COMPLAINTS HAVING BEEN RECEIVED AGAINST YOU. CHAIRMAN POPE: DO THE COMMITTEE MEMBERS HAVE ANY QUESTIONS FOR JUDGE WARSHAUER? Q (BY CHAIRMAN POPE) JUDGE, BASED ON YOUR EXPERIENCE AS A SENIOR JURIST, WE USUALLY ASK CANDIDATES SOMETHING ABOUT JUDICIAL TEMPERAMENT, BECAUSE I THINK MOST PEOPLE TEND TO REGARD THAT AS VERY IMPORTANT. Percentage of litigation: Civil - 20% Criminal - 80% Domestic - 16. WE HAVE CHECKED THE RECORDS OF THE HIGHWAY DEPARTMENT, BERKELEY COUNTY SHERIFF'S DEPARTMENT, MONCKS CORNER CITY POLICE DEPARTMENT, SLED, F. I., AND THE JUDGMENT ROLLS OF BERKELEY COUNTY; ALL OF THEM ARE NEGATIVE. ONE WAS BROUGHT WITH REFERENCE TO AN INDIVIDUAL WHO IS CURRENTLY SERVING LIFE IN PRISON, WITH REFERENCE TO PLEA NEGOTIATION THAT HE FELT HE DIDN'T RECEIVE THE COURTESY DEMANDING OF A DEFENDANT. ALSO, I'VE BEEN SUED IN REFERENCE TO MY CAPACITY AS THE DEPUTY SOLICITOR IN BERKELEY COUNTY. HE OWED ME AN ATTORNEY'S FEE, AND THEY MADE ME A PARTY. BEING A CIRCUIT DEPUTY SOLICITOR IS A LOT LIKE A JUDGE SOMETIMES, BECAUSE YOU HAVE DIFFERENT ATTORNEYS, DEFENSE ATTORNEYS, SEEKING DIFFERENT ARRANGEMENTS FOR THEIR CLIENTS; AT THE SAME TIME, I REPRESENT THE PEOPLE, FIRST OF ALL, OF BERKELEY COUNTY AND OF THIS GREAT STATE, WHEN I WALK INTO THAT COURTROOM, AS DEPUTY SOLICITOR. Frequency of appearances in court: Federal - two to three times per year State - 20 to 25 appearances per year Other - in various state courts 15. I'VE BEEN PRACTICING LAW FOR 26 YEARS; I HAVE PRACTICED IN ALL OF THE COURTS, CIVIL AND CRIMINAL, AS WELL AS FEDERAL COURT, AND BEFORE BOARDS AND COMMISSIONS. He has engaged in a wide range of study topics which have been highly informative to him in practice. Sanders Deputy Public Defender Courthouse, Spartanburg, SC 29301 (c) Larry D. I DID HAVE A QUESTION ABOUT THE JUDGMENT ROLLS OF SPARTANBURG COUNTY, BECAUSE THE INDEX SHOWED SOME ACTIONS HAD BEEN BROUGHT. AND SO, GOING FORWARD WITH MY RESPONSIBILITIES, I DON'T THINK THAT ANYONE COULD ATTEST THAT I HAVE ACTED IN A MANNER THAT IS UNPROFESSIONAL OR IN SUCH A MANNER THAT WOULD CAUSE DISRESPECT AS A DEPUTY SOLICITOR IN BERKELEY COUNTY, DURING THE PAST YEARS. DAVIS, ONE FINAL QUESTION, CONCERNING OUR NO-PLEDGE RULE. UNLESS THERE ARE OTHER QUESTIONS -- VICE-CHAIRMAN GENTRY: NO. Percentage of litigation: Civil - 70% Criminal - 5% Domestic - 25% 16. Q SO FOR A PERIOD OF SEVERAL YEARS THERE, YOU WERE DOING EXCLUSIVELY CRIMINAL WORK, AND NOW YOUR PRACTICE IS ORIENTED A LITTLE MORE TOWARD CIVIL? Clary Home Address: Business Address: 328 Vernon Street P. His areas of study have been in construction law, domestic relations, family law, hospital and health care, real estate/title law, medical devices law, legal ethics and professional responsibility, case management and eminent domain litigation. Courses Taught: He was Adjunct Professor of Business Law, Limestone College, Gaffney, South Carolina, with teaching responsibilities in general business and commercial law. Legal experience since graduation from law school: 1991-Present Currently, he is engaged in private practice as a sole practitioner. Bar Associations and Professional Organizations: Spartanburg Bar Association, President 1989; South Carolina Bar Association since 1955; South Carolina Trial Lawyers Association since 1960; and South Carolina Public Defenders Association since 1989 40. Smith 208 Groce Road, Spartanburg, SC 29302 (d) Dwight F. Q JUDGE, YOU WERE LAST SCREENED IN MARCH OF 1988, I BELIEVE. I WOULD PRAY AND HOPE THAT AS YOU, AS INDIVIDUAL COMMITTEE MEMBERS, AND EVENTUALLY AS REPRESENTATIVES IN THE SENATE AND THE HOUSE, WILL TAKE MY CANDIDACY VERY SERIOUSLY. He did graduate studies at Wayne State University in Detroit, Michigan in 1958, in Shakespeare Major Plays and Contemporary British and American Drama; certified to teach in Michigan Public Schools. I HOPE THAT I HAVE NOT OFFENDED ANYONE IN THIS PROCESS OF OFFERING FOR THIS JUDGESHIP. He attended the Math and Science Institute for High School Teachers at Claflin College in Orangeburg, South Carolina, during the summer of 1963. Q YOUR STATEMENT OF ECONOMIC INTERESTS SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS. I THINK THAT WAS A CRIMINAL MATTER IN WHICH -- OF COURSE, I'M PUBLIC DEFENDER. God Himself will be with them, and He will be their God.'" Let us pray. THE POLICY IS THAT NO COMMITMENTS OR PLEDGES CAN BE SOUGHT UNTIL AFTER OUR REPORT, THE SCREENING COMMITTEE REPORT, HAS BEEN ISSUED; AND THAT MAY BE A FEW DAYS FROM NOW. In this case, he refused to consider the possibility of future bonuses as an item of future support. Upon attempting to get his registration, he saw the weapon and immediately advised the trooper of the weapon's presence. His last physical examination was in April of 1989, by Dr. ALSO, WITH THE RECENT ADDITION OF NINE JUDICIAL CIRCUIT COURT POSITIONS BEING ALLOCATED IN THIS GREAT STATE, I DO NOT FORESEE THAT, IN THIS CENTURY, OR PROBABLY IN THE FORESEEABLE FUTURE, THAT THERE WILL BE ANOTHER ALLOCATION OF JUDGES.