December 13, 2011
December 08, 2011
Welcome to the South Carolina Bar's E-Blast!
December 13, 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.
Middle School Mock Trial competition results
Johnsonville Middle School won the S.C. Bar Middle School Mock Trial State Competition on Saturday, Dec. 10, marking the school's third state title. Forestbrook Middle School was named runner-up. Participating students included Preston Cook, Ansley Eaddy, Austin Eaddy, Sara Graham, Breelyn Hannah, Griffith Hill, Amber Huggins, Heather Huggins, Briley Lawrimore, Ethan Powell, Madison Wall, Zachary Wall and Tanner Wise. The teacher coach was Donna L. Graham, and the attorney coach was Holly H. Wall. The S.C. Bar thanks the attorney volunteers, as well as the staff at the Marc H. Westbrook Lexington County Judicial Center, Lexington County Magistrate Court, Lexington Sheriff's Department and Lexington Police Department, whose contributions helped make this competition a success. Click here to view a list of volunteers.
Only two days left for early bird Convention registration!
The early bird gets the worm–and a great price on Convention registration! Register by Thursday, Dec. 15, to get early bird pricing on the 2012 S.C. Bar Convention. To view the full agenda and a complete list of all Convention seminars, click here.
Commission on the Profession reappointments
The following members have been reappointed to the Chief Justice's Commission on the Profession for terms ending Dec. 31, 2014: Hon. Dorothy Mobley Jones, Hon. Aphrodite Karvelas Konduros, G. Dewey Oxner Jr., Jack B. Swerling and Dean Robert M. Wilcox.
Voir dire questionnaire
The Supreme Court declined to adopt a proposed voir dire questionnaire. The Board of Governors had re-petitioned the Court at the request of the Practice and Procedure Committee. The questionnaire was designed to be distributed with the juror summons information for potential jurors to complete.
PMAP–Your guide to …
Tech gifts for lawyers. 'Tis the season for the annual Holiday Gift Guide for Lawyers. Reid Trautz, a featured technology speaker at the 2012 S.C. Bar Convention and chair of the upcoming ABA TECHSHOW 2012, has lined up some of the hottest tech toys of the season. Be sure to check out this fun list for yourself or the other lawyers in your life. For practice management assistance advice, contact Courtney Kennaday at firstname.lastname@example.org or (803) 799-6653, ext. 183.
Advance sheet update
December 13, 2011
In this direct appeal in a tax case from the Administrative Law Court (ALC), the S.C. Supreme Court affirmed the ALC’s decision to uphold the S.C. Department of Revenue's (DOR) disallowance of certain expense deductions claimed by the appellant, finding that S.C. Code Section 12-6-2220 applies. The appellant's related expense deductions were properly allocated to the state of its principal place of business, Missouri. The Court further found the matching principle requires that, where categories of income are directly allocated, related expenses must also be allocated. Finally, the Court found that Section 12-6-2220 does not discriminate against interstate commerce and thus does not violate the Commerce Clause.
Emerson Elec. Co. v. S.C. Dep’t of Revenue, No. 27073, is available online.
The Court upheld the conviction for fraud since fraud is actionable at law. There was evidence in the record that the petitioner supplied the appellants with a falsified plat and related assurances that a home suited to their needs could be built on the lot. The Court found there was a question of fact of whether the appellants’ reliance on the misrepresentation was justified, but existence of the easement in the public record does not override the fraudulent misrepresentation. The purpose of the recording act is to protect innocent purchasers, not fraudulent sellers.
Moseley v. All Things Possible, No. 27074, is available online.
The Court held that the City of Columbia Zoning Ordinance, which limits the number of unrelated persons who may reside together as a single housekeeping unit to three, does not violate the Due Process Clause of the S.C. Constitution since it was rationally related to a legitimate governmental purpose. The ordinance is a valid exercise of the city's broad police power, and there is a rational relationship between the city's decision to limit the number of unrelated individuals who may live together as a single housekeeping unit to three and the legitimate governmental interests of controlling the undesirable qualities associated with "mass student congestion."
McMaster v. Columbia Bd. of Zoning Appeals, No. 27075, is available online.
The Court affirmed the decision to place the appellant on the sex offender registry because of his conviction for unlawful restraint in Pennsylvania, pursuant to S.C. Code Section 23-3-430(A). While the appellant argued unlawful restraint in Pennsylvania is not a similar offense to kidnapping in South Carolina, the Court found there was similarity in public policy behind both statutes and that all the conduct proscribed under unlawful restraint was also proscribed under the kidnapping statute.
Lozada v. S.C. Law Enforcement Div., No. 27076, is available online.
By order of December 9 the Court placed Magistrate Arthur Tuggle Bryngelson Jr. (not a Bar member) on interim suspension.
By order of December 9 the Court placed Sara Jayne Rogers on interim suspension. Steven Goldberg is the trustee.
By order of December 6 the Court reinstated James Stone Craven to the practice of law.
By order of December 9 the Court reinstated Douglas R. Wright to the practice of law as an inactive member.
The Committee on Character and Fitness has scheduled a hearing on January 20 on the petition for reinstatement of Jack L. Schoer to hear persons in support of or opposition to the petition.
Hills and Hills, PC announces that Jennifer Hills has joined the firm as an associate located at 4701 Oleander Dr., Myrtle Beach 29577. (843) 626-2600.
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Ethics Advisory Opinion Committee Meeting, Nelson Mullins
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
Lawyer Image Task Force Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
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.