Welcome to the South Carolina Bar's E-Blast!
October 4, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
Andy Arnold is proud to be a S.C. lawyer
Greenville lawyer Andy Arnold is featured in the "Proud to be a South Carolina Lawyer" video series, designed to present a glimpse into the lives of S.C. lawyers. Click here to see the video, and "Like" the Bar on Facebook to see an additional video each week and share them with others.
The S.C. Bar Convention website has launched!
The 2012 S.C. Bar Convention is being held in Columbia Jan. 19-22 and is shaping up to be one of the best yet! Make your room reservation by Nov. 1 and be automatically entered to win a Carolina-Clemson weekend getaway, including tickets to the Carolina-Clemson football game, hotel accommodations and meals for two. Visit the Convention website for hotel information, for updates about this year’s events and to register online.
JQC report released
The S.C. Bar's Judicial Qualifications Committee has issued a report based on the collective opinion of Bar members regarding candidates for judicial vacancies. To view the report, click here.
Nominate your colleague
The Bar Foundation is accepting nominations for the 2011 DuRant Distinguished Public Service Award. Last year’s winner, Richard W. Riley, was selected for “his integrity, principled leadership, commitment to children, passion for high-quality education and respect for the law.” The list of all recipients and full selection criteria is available here. To obtain a nomination form, visit the Foundation website, contact Dee Sanders at firstname.lastname@example.org or call (803) 765-0517. Nominations are due by Nov. 1.
Lawyers Helping Lawyers supports suicide prevention program
The S.C. Bar and Lawyers Helping Lawyers are supporting efforts to raise awareness for suicide prevention by sponsoring the American Foundation for Suicide Prevention (AFSP) Out of the Darkness community walks. In the U.S., one person commits suicide every 15 minutes, claiming more than 36,000 lives each year. Thousands of people nationwide will be walking to raise money for AFSP's vital research and education programs to prevent suicide, increase awareness, advocate for mental health issues and assist survivors of suicide loss. According to LawyersWithDepression.com, of the approximately one million attorneys in America, roughly 250,000 are depressed. Someone you know may be suffering; help raise awareness today! To learn more about AFSP’s efforts, click here. To register for an Out of the Darkness walk near you, visit OutOfTheDarkness.org. For more information on Lawyers Helping Lawyers, contact Robert Turnbull at email@example.com.
2011-2012 MCLE Interim Compliance Reports
The S.C. Supreme Court Commission on CLE and Specialization has mailed all active attorneys their 2011-2012 Interim Compliance Reports. This report is intended to update attorneys on their progress toward satisfying mandatory CLE requirements and to provide the Commission with updates on each attorney's record. The Commission has included information on the report concerning the new MCLE requirement for substance abuse and mental health credits. Attorneys are asked to review their report, make necessary corrections and return the report no later than Dec. 15, 2011. Interim Compliance Reports do not need to be returned to the Commission unless changes are made. Questions should be directed to the Commission at firstname.lastname@example.org or (803) 799-5578.
PMAP – Your guide to…
Wi-Fi security. It’s hard to resist the appeal of free public Wi-Fi. With our mobile devices, it’s easier than ever to jump on the Internet whenever we’d like. But security experts like to remind us that all is not idyllic in the public Wi-Fi landscape. For five great tips for staying safe with Wi-Fi, read Tie Down That Wi-Fi: Security in Public Requires Vigilance. PMAP is a free service offering advice on practice management and technology. Email Courtney Kennaday at email@example.com with your questions.
Committee seeking public comment
The Committee on Rules of Practice and Procedure of the Judicial Conference of the U.S. has requested public comment on the preliminary draft of proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure and the Federal Rules of Evidence. The text of the proposed amendments can be found here. The brochure summarizing the proposed amendments can be found here. Comments should be sent via e-mail to firstname.lastname@example.org or by mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the U.S., Thurgood Marshall Federal Judiciary Building, Washington, D.C. 20544. The deadline to submit comments is Feb. 15, 2012.
Changes to probate court forms
The S.C. Judicial Department has posted changes to 14 probate court forms. The complete order can be viewed here. The forms can be retrieved here.
Advance Sheet update
October 4, 2011
In this mandatory appeal following a death sentence, the Court first held the circuit court did not err in failing to excuse a juror for cause because, when considered as a whole, the voir dire demonstrated the juror could be fair and impartial. Next, the Court found the circuit court did not abuse its discretion in limiting the defense’s cross-examination of the State’s expert under Rule 403, SCRE, because the proffered testimony was misleading and would only serve to confuse the jury. The Court also held that a defendant is not entitled to a charge on a “lesser-related” offense, reasoning that a charge on an offense that is not included within the indicted offense diminishes the reliability of the proceedings. As to the last assignment of error, the Court held the circuit court did not abuse its discretion in excluding the testimony of the defendant’s cousin as to how his execution would impact their family because it was an opinion of what punishment the jury should recommend. Finally, the Court found the death sentence was not the result of passion, prejudice or any other arbitrary factor, was supported by the evidence, and was neither excessive nor disproportionate.
State v. Dickerson, No. 27048, is available online.
Justice Pleicones concurred in a separate opinion.
In this domestic relations case, the Court reversed the family court’s order and held that the father’s parental rights should not have been terminated based on willful failure to support, willful failure to visit or the minor child having been in foster care for more than 15 months. DSS did not meet its burden with respect to the first two grounds, and the child's placement in foster care was not a sufficient ground for termination of parental rights under the facts of this case.
Charleston Cnty. Dep’t of Soc. Serv. v. Marccuci, No. 27049, is available online.
Justice Pleicones dissented in a separate opinion.
By order of September 28 the Court placed Chad Brian Hatley on interim suspension. Hal LaVaughan Beverly Jr. is the trustee.
By order of September 30 the Court placed Sidney J. Jones on interim suspension. Paul Andrew Anderson is the trustee of the law practice.
By order of October 3 the Court reinstated Michael Davis Moore to the practice of law.
Harrison, White, Smith & Coggins, PC announces that Stephen L. Denton has joined the firm located at 178 W. Main St., Spartanburg 29306. (864) 585-5100.
Lewis & Babcock, LLP and Griffin, LLC announce the formation of Lewis, Babcock & Griffin, LLP located at 1513 Hampton St., Columbia 29201. (803) 771-8000.
Nelson Mullins Riley & Scarborough announces that Miles Coleman, Susan H. Nelson and Tara C. Sullivan have joined the Columbia office located at 1320 Main St., 17th Floor, 29201. (803) 799-2000.
Michael C. Sahn announces the opening of Sahn Law Firm, LLC located at 225 Seven Farms Dr., Ste. 105, Charleston 29492. (843) 856-2222.
Children's Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Resolution of Fee Disputes Circuit Chairs Meeting, Bar Building
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Asheville
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
Professional Responsibility Committee Meeting, Bar Building
Senior Lawyers Division Nominating Committee Meeting, Conference Call
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171.