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E-Blast Archive Issue

<p><font color="#333333"><strong>Welcome to the South Carolina Bar's E-Blast!<br /> <br /> E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.</strong></font><font color="#333333"><br /> <em>The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.</em></font><br /> <br /> <font color="#006666"><strong>Nominating Committee to meet</strong></font><br /> The Nominating Committee will hold its meeting on September 28. The Committee will be nominating persons to fill the offices of President-Elect, Treasurer, Secretary, one member each of the Board of Governors for Judicial Regions 1 (Circuits 7, 10, 13 and 16), 3 (Circuits 3, 4, 12 and 15) and 4 (Circuits 1, 2, 9 and 14) and one State Bar Delegate to the American Bar Association. Members of the Bar are encouraged to forward names to the Committee for consideration for nomination to these offices. Persons seeking office will be asked to submit materials to the Committee which demonstrate their leadership abilities in Bar activities and in other capacities in service to the legal profession. The members of the Committee are <strong>Fred Suggs Jr.</strong>, Greenville, Chair; <strong>Les Cotter</strong>, Columbia; <strong>Gena Ervin</strong>, Florence; <strong>Stuart Mauney</strong>, Greenville; <strong>Julie Jeffords Moose</strong>, Florence; <strong>Steve Morrison</strong>, Columbia; <strong>Scott Pfeiffer</strong>, Greenville; <strong>Marie-Louise Ramsdale</strong>, Mt. Pleasant; and <strong>Mary Elizabeth Sharp</strong>, Beaufort.<br /> <br /> <font color="#006666"><strong>Newman named Business Court Judge</strong></font><br /> By order of August 19 the Hon. Clifton Newman has been designated as the Business Court Judge for Richland County effective immediately due to the Hon. J. Michelle Childs' appointment to the U.S. District Court. <br /> <br /> <font color="#006666"><strong>Adult literacy concerns</strong></font><br /> Reading skills are required to navigate through the justice system; however many South Carolina adults cannot read well enough to manage their daily lives. Some become jurors, defendants or plaintiffs in the legal system. Since 1968, the non-profit Greater Columbia Literacy Council (now called Turning Pages) has been recruiting and training volunteer reading tutors to work with adults in the Midlands who want to improve their reading skills. Bar members can help by referring potential adult learners, becoming a tutor, making a donation or serving on the board.&#160; For more information, visit <a href="http://www.literacycolumbia.org/" target="_blank">www.literacycolumbia.org</a>, or call Debbie Yoho at (803) 767-5911.<br /> <br /> <font color="#006666"><strong>Help prepare paralegals for the future!</strong></font><br /> The University of South Carolina's Paralegal Certificate program is interested in establishing non-paid internships and job openings for students or graduates with members of the S.C. Bar. USC's paralegal program concentrates on developing the skills that employers expect and seek in paralegal employees. An undergraduate degree or equivalent experience is required for admission, ensuring that graduates are competitive for employment. Please contact Jennifer John at (803) 386-9201 or <a href="mailto:johnhj@mailbox.sc.edu">johnhj@mailbox.sc.edu</a> for additional information.<br /> <br /> <font color="#006666"><strong>Advance Sheet update</strong></font><br /> <strong>August 18, 2010</strong><br /> In this negligence action, Logan argued that the trial court erred by granting the Gaffney Board of Public Works' (the Board) motion to dismiss based on the statute of limitations. Logan contended that the trial court erred because discovery was incomplete and the Board should have been estopped from asserting the statute of limitations defense because it misrepresented to Logan its involvement with the manhole cover that caused Logan's injury. The Court of Appeals affirmed the trial court because there was no evidence showing the Board intentionally misled Logan and Logan did not bring the action against the Board within the two-year statute of limitations. The issue of whether the trial court erred in dismissing Logan's motion because discovery was incomplete was not preserved for the court to review.<br /> <em>Logan v. Cherokee Landscaping &amp; Grading Co.</em>, No. 4727, is available <a href="http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4727" target="_blank">online</a>. <br /> <br /> The Court affirmed Reginald Latimore's conviction for failing to register as a sexual offender. Latimore appealed, based on the circuit court's failure to grant a mistrial after instructing the jury of Latimore's previous conviction (committing a lewd act on a child) despite a pre-trial stipulation not to disclose this conviction; failure to grant a directed verdict despite the State's failure to prove Latimore received notice of a new reporting requirement for sex offender registration; and exclusion of a probation agent's testimony. The court concluded that Latimore was not prejudiced by the reference to his prior conviction, and the prior conviction had no bearing on the jury's determination as to whether he violated his reporting requirements because the conviction was not a fact in dispute. The court found that the plain language of the statute required only that Latimore be given notice of the requirement to initially register as a sex offender and did not require Latimore be given notice of the new bi-annual reporting requirement for registration; therefore, Latimore's request for a directed verdict was properly denied. The probation agent's testimony was irrelevant and properly excluded.<br /> <em>State v. Latimore</em>, No. 4728, is available <a href="http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=4728" target="_blank">online</a>. <br /> <br /> <strong>August 23, 2010</strong><br /> Respondent South Carolina Department of Public Safety's petition for rehearing was granted, and a new opinion was substituted for the original opinion. The only change is found in the first sentence of the <u>FACTS</u>, where the phrase "controlled burn being conducted by respondent Forestry Commission" was stricken and replaced by the word "fire."<br /> <em>Chester v. S.C. Dep't of Pub. Safety</em>, No. 26833, is available <a href="http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26833" target="_blank">online</a>. <br /> <br /> The Supreme Court reversed a circuit court order that reversed an administrative law judge's (ALJ) determination that Respondent Hill had violated the terms of a Critical Area Permit issued by the South Carolina Department of Health and Environmental Control (DHEC), Bureau of Ocean and Coastal Resource Management. Respondent constructed a bulkhead that was not in compliance with the permit. The Court found that the circuit court erred in (1) improperly making new findings of fact and in overturning the ALJ's findings of fact, violating the applicable standard of review; (2) finding that the ALJ abused his discretion in excluding from evidence a quit-claim deed that Respondent's counsel conceded did not establish the point in question; (3) finding that the ALJ did not have subject matter jurisdiction to consider an appeal of agency enforcement proceedings when Respondent's original challenge was to DHEC's Administrative Enforcement Order which under S.C. Code Ann. Section 1-23-600(B) is an administrative proceeding to be heard by the ALJ; and (4) ruling Respondent's equal protection rights had been violated because (a) Respondent did preserve the issue for review, (b) the circuit court's limited scope of review did not authorize it to make its own factual findings, and (c) Respondent did not fulfill his burden of proof to establish an equal protection violation. Respondent also raised objections to the timeliness of the appeal and standing of the S.C. Coastal Conservation League (the League) to appeal. The Court considered these points separately and found them both without merit. The appeal was properly noticed within thirty days. Respondent did not move for the League to be dismissed for lack of standing before the ALJ, and therefore the issue was not preserved for appeal. DHEC was a co-appellant, and its standing was undisputed.<br /> <em>Hill v. S.C. Dep't of Health &amp; Envtl. Control</em>, No. 26873, is available <a href="http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26873" target="_blank">online</a>.<br /> <br /> <font color="#006666"><strong>Discipline</strong></font><br /> <font color="#333333"> </font>By order of August 23 the Court imposed a public reprimand on Frank E. Thomson for misconduct which included failure to keep a client reasonably informed, failure to refund the portion of a fee which had not been earned, failure to respond to the Office of Disciplinary Counsel and, in a second matter, failure to pay the amount ordered by the Resolution of Fee Disputes Board to be refunded to a client.<br /> <br /> <font color="#006666"><strong>Firm announcements</strong></font><br /> <font color="#006666"><font color="#333333"><strong>William I. Bouton </strong>and<strong> Robert W. Wilkins</strong> announce the creation of <strong>Wilkins &amp; Bouton, LLC</strong> located at 15 Washington Park, Greenville 29601, with mailing address P.O. Box 8373, Greenville 29604. (864) 312-3901. <br /> <br /> </font></font><strong>Christian &amp; Davis, LLC</strong> announces that <strong>Josh Christian</strong> has joined the firm as a partner located at 1007 E. Washington St., Greenville 29601. (864) 232-7363.<br /> <br /> <strong>The S.C. Department of Health and Environmental Control's Office of General Counsel </strong>announces that <strong>Bradley D. Churdar</strong> has joined the Charleston office located at 1362 McMillan Ave., Ste. 400, 29405. (843) 953-0200. <strong>Kristin L. Pawlowski </strong>has joined the Columbia office located at 2600 Bull St., 29201. (803) 898-3350.&#160; <br /> <br /> <font color="#006666"><font color="#333333"><strong>Wilkes Bowers, PA </strong>announces that <strong>Joseph Derham Cole Jr.</strong> has joined the firm in its Spartanburg office located at 127 Dunbar St., Ste. 200, 29306. (864) 591-1113.<br /> </font><br /> <strong>In memoriam</strong><br /> <font color="#333333">Ripley Westmoreland Clarkson, 57, of Columbia died on August 21. His obituary can be found on <a target="_blank" href="http://www.legacy.com/obituaries/thestate/obituary.aspx?n=ripley-clarkson&amp;pid=144887134">The State website. </a><br /> </font></font></p>