April 15, 2014
April 10, 2014
Welcome to the South Carolina Bar's E-Blast!
April 15, 2014
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.
JQC report released
The Judicial Qualifications Committee report reflects S.C. Bar members' collective opinion regarding qualifications of each of the candidates. A minimum of 30 phone surveys are completed on each candidate unless otherwise noted on an individual's report. The candidates are evaluated in nine categories: constitutional qualifications; mental stability; physical health; ethical fitness; character, professional and academic ability; experience; reputation; and judicial temperament. Each candidate receives an evaluation of qualified or unqualified as to constitutional qualifications, mental stability and physical health. In the remaining categories, each candidate receives an evaluation of well qualified, qualified or unqualified. As noted, the evaluations are based upon the collective opinions. Finally, the candidate receives an overall evaluation of well qualified, qualified or unqualified. A candidate will only receive an overall well qualified if he or she is evaluated as well qualified in those remaining categories. Conversely, if a candidate is identified as unqualified in any of the nine areas, that candidate receives an overall evaluation of unqualified.
PMAP Tech Tip
According to tech expert Sharon Nelson’s blog, Heartbleed is a bug in OpenSSL but has been there at least two years and is not easily exploitable. It is currently estimated the bug affects as many as two-thirds of computer servers. These servers are working on fixing the bug, so it’s key not to change your password until after you confirm they’ve applied the fix. To help you with this, websites like CNET and Mashable are keeping track of patched sites and those that are still exposed. If you don’t already have a password manager, Heartbleed should motivate you to get one. Some good password managers are LastPass, Roboform and 1Password.
By Order of April 15 the S.C. Supreme Court amended Order 2007-08-13-02 regarding personal identifiers being prohibited in court documents available online. The Court reiterates the necessity of removing such identifiers and reminds the Bar that the Court will not review filings for redaction. Example forms are provided in Form 21 and Form 6.
The Court amended Rule 244, SCRCP, regarding certified questions by adding section (d) regarding pro hac vice appearance when questions are certified, re-lettering the subsequent sections, and clarifying what accompanying materials the certifying court will accept.
The Court amended the S.C. Rules of Civil Procedure by adding Rule 41.2: Privacy Protection for Filings.
By Order of April 15 the Court amended Rule 11(a), SCRCP, regarding signature on pleadings and Rule 77(d), SCRCP. The Rule 77(d) amendment requires the clerk to serve notice of entry of an order or judgment through the SCE-File electronic filing system for all parties who are proceeding in the electronic filing system. Any party or the attorney for a party who is a traditional filer and not proceeding in the electronic filing system must be served by first class mail as provided in paragraph (d).
National Healthcare Decisions Day
Gov. Nikki Haley has issued a proclamation declaring April 16, 2014, National Healthcare Decisions Day. The governor encourages "all South Carolinians to work in conjunction with the medical and legal communities to ensure the individual's wishes for healthcare, particularly as it relates to end of life care, are protected and followed." Click here to see the proclamation.
Court publishes opinion in Amisub v. SCDHEC
By Order of April 14 the Court, in its original jurisdiction, held the S.C. House of Representatives' decision to sustain the governor's line item veto did not suspend the S.C. Department of Health and Environmental Control’s (DHEC) duty to administer the Certificate of Need (CON) program. DHEC has a duty to administer and fund the CON program for Fiscal Year 2013-2014 as contemplated by the CON Act. The court emphasized the “the significance of the separation of powers doctrine to the decision” rendered.
Amisub v. SCDHEC, Op. No. 27382 (S.C. Sup. Ct. filed April 14, 2014), is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion.
See what happened last week in the Weekly Legislative Report! Updates are posted every Friday throughout the legislative session. For questions regarding pending legislation, contact Lindsey Pitts at firstname.lastname@example.org.
Foundation President Bev Carroll to receive Compleat Lawyer Platinum Award
The Bar Foundation congratulates President Bev Carroll for being named a 2014 Compleat Lawyer Platinum Award recipient by the USC Law School Alumni Council. Since 2008, Carroll has served as a director of the S.C. Bar Foundation; serving as president in the current year. Carroll and the other 2014 award recipients will be recognized on Thursday, April 24.
Advance Sheet update
April 9, 2014
In this criminal appeal, the S.C. Court of Appeals found the trial court erred in qualifying the doctor as an expert in the field of forensic interviewing and in admitting certain statements by the doctor that inappropriately vouched for the victim. The court, however, affirmed Portillo’s conviction, finding the errors were harmless beyond a reasonable doubt. The court found Portillo abandoned his remaining arguments regarding the doctor’s testimony concerning the victim’s PTSD symptoms.
State v. Portillo, Op. No. 5216 (S.C. Ct. App. filed April 9, 2014) (Shearouse Adv. Sh. No. 14 at 83), is available online.
George Irving Alley, 94, of Columbia died April 7. His obituary can be found here.
Coleman Talley, LLP announces that Sara Volk Martinez has joined the Atlanta office located at 3475 Lenox Rd., N.E., Ste. 400, 30326. (770) 698-9556.
Lisa M. Hostetler announces the opening of LawyerLisa, LLC located at 1224 Huger St. Columbia 29201. (803) 563-5163.
Family Law Section Council Meeting, Conference Call
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Free legal clinics: Family Law (Myrtle Beach); Landlord/Tenant Law (Woodruff)
Employment and Labor Law Section Selection Committee Meeting, Conference Call
Free legal clinic: Real Estate Issues and Foreclosures (Lyman)
Children's Law Committee Meeting, Bar Building
Leadership Academy Meeting, Greenville
LRE Committee Meeting, Rogers Townsend and Thomas
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Trial and Appellate Advocacy Section Council Meeting, Conference Call
Free legal clinic: Tort Law Issues (Spartanburg)
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