Welcome to the South Carolina Bar's E-Blast!
December 16, 2010
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.
Board of Governors meets
The Board of Governors met today via conference call.
The Board approved requests from the Alternative Dispute Resolution and the Employment and Labor Law Sections to establish distinguished service awards.
A request from the Ethics Advisory Committee to amend its rules of procedure was approved.
President Solomon was authorized to create a Bar entity to examine the development of a program to assist military veterans across the state who cannot afford or do not have access to the legal services they need.
The Board heard reports on meetings held across the state with lawyers in eight counties; more meetings are planned.
The Board continued its discussions on measures the Bar should take in light of negative campaigning in the past election.
Judge Byars appointed to cabinet
Gov.-elect Nikki Haley has picked the Hon. Bill Byars, former Family Court Judge and present head of the Department of Juvenile Justice, as the new director of the Department of Corrections. Judge Byars is Haley's third cabinet selection and must be confirmed by the state Senate. To read more, click here.
By order of December 16 the Supreme Court approved amendments to Rules 407 and 501, SCACR, proposed by the Commission on Lawyer Conduct and the Commission on Judicial Conduct. To view the full text of the order, click here.
Court approves FAQs in magistrate court
By order of December 16 the Supreme Court approved Frequently Asked Questions in South Carolina Magistrates Court proposed by the S.C. Supreme Court's Access to Justice Commission. To view the full text of the order, click here.
Advance Sheet update
December 13, 2010
The Court of Appeals affirmed this appeal of a declaratory judgment action. The court found that the requirements for equitable indemnification were not met. The court also concluded that remand was not required because there was no breach of contract; it was inconsequential whether the circuit court misconstrued Colleton's breach of contract claim against CareFirst as a contractual indemnification claim.
Walterboro Community Hospital v. Meacher, No. 4764, is available online.
The court affirmed Appellant Burgess's conviction. The court found that the trial judge ruled correctly in his decision not to remove a juror who realized after jury selection that the brother of a victim's estranged wife worked for him. The court noted that the rules of issue preservation impose on counsel a duty to challenge a statement of law made by the trial judge which counsel believes to be erroneous. The court also found that the court properly applied the Gregory standard in its decision to disallow testimony of five witnesses.
State v. Burgess, no. 4765, is available online.
The court reversed and remanded for a new trial based on the erroneous refusal to charge defense of habitation. The court held that Appellant was entitled to a defense of habitation charge in addition to the charge on self defense.
State v. Bryant, No. 4766, is available online.
The court affirmed the Workers' Compensation Commission's decision that Appellant Revis was Respondent's statutory employer. The court then reversed and remanded on the issue of calculation of average weekly wage, stating that misapplication of section 42-1-40 was an error of law that prejudiced substantial rights of Appellants. The court ordered that, on remand, the Commission must determine whether to allow the parties to present additional evidence or to make the calculation based on the evidence already in the record.
Pilgrim v. Eaton, No. 4767, is available online.
Graybill & Lansche, LLC announces that Ryan W. Newton has become an associate of the firm located at 2324 Devine St., Columbia 29205. (803) 404-5709.
Wyche Burgess Freeman & Parham, PA announces that Rita Bolt Barker and David H. Koysza have become members of the firm and Sarah Sloan Batson and Martin M. Tomlinson have joined the firm as associates located at 44 E. Camperdown Way, Greenville 29601. (864) 242-8200.
Nance McCants & Massey announces that Blair Ballard Massey has become an associate of the firm located at 218 Newberry St., SW, Aiken 29801. (803) 649-6200.
Charles Edward Baker, 75, of Columbia died on December 14. His obituary can be viewed at The State website.
Reginald C. Brown Jr., 70, of Florence died on December 9. His obituary can be viewed at The Florence Morning News website.
George E. Campsen Jr., 81, of Charleston died at the age of 81 on December 14. His obituary can be viewed at The Post and Courier website.