October 17, 2013
October 15, 2013
Welcome to the South Carolina Bar's E-Blast!
October 17, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
2014 S.C. Bar Convention
The 2014 Convention, to be held at The Sanctuary at Kiawah Island Golf Resort Jan. 23-26, is shaping up to be a fun-filled weekend. In addition to an outstanding line-up of 23 CLE seminars, the Convention offers something for everyone. Here are just a few highlights:
• Honor the lives and contributions of distinguished deceased Bar members at the annual Memory Hold the Door ceremony
• Participate in the President’s Welcome Reception on Thursday in the Sanctuary lobby
• Attend the Judicial Reception on Friday night on the Sanctuary lawn
• Hear remarks from keynote speaker ABA President-Elect William Hubbard and Chief Justice Jean Toal at Friday’s Plenary Luncheon
• Attend an informative seminar on South Carolina E-Filing
Registration is now open. Visit the Convention website for detailed information and to download the registration form.
New member benefit: Hotel and car rental discounts
The Bar has added a new offering to its collection of member benefits. Local Hospitality Inc. offers access to a worldwide inventory of hotel and car rentals at discounted rates. Members can take advantage of savings that average 10-20 percent below best available rates at more than 100,000 hotel properties worldwide, and savings with more than 800 car rental suppliers at more than 30,000 worldwide locations. Click here to access, and follow the login instructions. For a complete listing of Bar member discounts, visit www.scbar.org/benefits.
Stories of Freedom from the S.C. Bar Foundation
The day "Kayla’s" husband was incarcerated for his relentless abuse was the day she began to take back her independence. But, upon her husband’s release from prison, Kayla's story takes an unexpected turn. Read Kayla’s story of freedom. Help us help them by downloading our donor form or making a gift online.
Advance Sheet update
October 16, 2013
In declining to adopt the higher competency standard to waive the right to counsel as articulated in Indiana v. Edwards, 554 U.S. 164 (2008), the S.C. Supreme Court maintained its position that any defendant competent to stand trial is competent to waive his right to counsel. Since the trial judge’s denial of the appellant’s request to proceed pro se was predicated on the Edwards standard, the Court reversed.
State v. Barnes, Op. No. 27322 (S.C. Sup. Ct. filed October 16, 2013) (Shearouse Adv. Sh. No. 44 at 16), is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.
October 17, 2013
In this proceeding in the Court’s original jurisdiction, the petitioners requested the Court declare a proposed tax referendum invalid under the Capital Project Sales Tax Act (the Act), and enjoin the respondents from placing the proposed referendum on the ballot at the Nov. 5, 2013, county elections. The Court found the respondents’ actions valid pursuant to the Act and denied the petitioners’ request for an injunction, thereby permitting the referendum to proceed on Nov. 5.
State v. County of Florence, Op. No. 27323, is available online.
Contempt resulting from discipline
By order of September 4 the Court held Steven Robert Lapham in criminal contempt of court and sentenced him to 60 days imprisonment. That order indicated a hearing on civil contempt of court was to follow. By subsequent order of September 19 the Court found Mr. Lapham in civil contempt of court and ordered him to file the affidavit required by Rule 30, RLDE, within two weeks after the completion of his criminal sentence and to fully cooperate with the attorney appointed to protect clients’ interests until that appointment is terminated by the Court. Justices Beatty and Pleicones did not find the respondent in criminal contempt of court but concurred with the majority's finding of and sanctions for civil contempt.
By order of September 19 the Court found Kenneth Gary Cooper willfully violated the Court's discipline order of April 25, 2012, and the terms of his cost payment plan. The Court therefore held the respondent in civil and criminal contempt of court.
By order of August 21 the Court found William Ashley Boyd in criminal contempt of court and sentenced him to six months imprisonment. The order provided that a formal order addressing the finding of contempt and further sanctions would follow. By subsequent order of September 12 the Court found William Ashley Boyd willfully violated the Court's suspension and disbarment orders by continuing to represent clients he had represented prior to his suspension and/or disbarment and by representing a new client after he was disbarred. The Court ordered Mr. Boyd enter a repayment agreement and that violation of the new order may subject him to a further finding of contempt. Chief Justice Toal did not participate.
Amaker Law Firm, LLC announces the opening of its Columbia office located at 9367 Two Notch Rd., Ste. F-2, 29223. (803) 419-7700.
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Senior Lawyers Division Fall Conference, Cashiers, NC
Free legal clinics: Wills, Estates and Probate (Swansea); Family Law Issues (Myrtle Beach)
Children's Law Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Conference Center
Nominating Committee Meeting, Conference Center
ADR Commission Meeting, Bar Building
International Law Committee Meeting, USC School of Law
Lawyers Helping Lawyers Committee Meeting, Bar Building
Pro Bono Program First Friday Blitz, Bar Building
Middle School Mock Trial Regional Competition, Horry County Courthouse
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. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.