July 17, 2014
July 14, 2014
Welcome to the South Carolina Bar's E-Blast!
July 17, 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.
Board of Governors meets
The Board of Governors met today by conference call.
The Board approved a request to add member benefits from Flex-Pay, a regional payroll services provider, and MyCase, a web-based practice management product.
Requests from the Animal Law Committee and International Law Committee to hold seminars at the 2015 Bar Convention were approved. Funding requests for these programs were also authorized.
The Board approved a request to contribute funding toward a reception honoring Judge Brucie Hendricks.
Parking renovations at the Bar
The parking garage at the Bar Building (950 Taylor St.) is undergoing renovations through mid-September. No parking will be allowed during this time; visitor spots are available at the Conference Center (1501 Park St.). Guests may still enter the building through the front door during this time. The Bar apologizes for any inconvenience.
2015 Leadership Academy application period open
The Bar is accepting applications for the 2015 Leadership Academy. This seventh installment of the Academy will address the following topics: lawyers in public service, professionalism, career/leadership development, work-life balance, the path to the judiciary, pro bono and community service and service to the Bar. Sessions will take place on the following dates: Jan. 24-25 (Bar Convention–Columbia), Feb. 24 (Columbia), March 27 (Greenville), April 24 (Charleston) and May 8 (Greenville). The purpose of the Leadership Academy is to enhance the professional growth and leadership skills development of selected members to prepare them to make greater contributions to the legal profession and community. Interested applicants must meet and agree to the stated requirements and submit the required application and supporting documents by 5 p.m. on Aug. 29, 2014. Please see the application packet for complete details. For more information, contact Caitlin Watson at firstname.lastname@example.org, (803) 576-3782 or toll-free at 1-877-797-2227, ext. 182.
Looking for new ways to get involved with the Bar? Bar divisions and programs are regularly seeking volunteers. Check your inbox for the most recent Get Involved e-mail or view the current list online.
Workers' Compensation Commission survey
The Bar has implemented the second bi-annual survey of Workers’ Compensation Commissioners to provide feedback and evaluate performance based on the experiences of those who have practiced before them. The survey has been distributed to members of the Bar's Workers' Compensation Section. Please note that any responses to the survey will be anonymous.
Sustained provides support
In January the Bar unveiled Sustained, a program for members who are coping with the challenge of illness and the impact it has on their personal and professional lives. If you or someone you know needs assistance, Sustained will connect you with a lawyer who has experienced a similar challenge, as it is helpful to talk to a colleague who understands how to navigate the challenge of illness while practicing. Please contact Beth Padgett at (803) 576-3801 or email@example.com for more information.
PMAP Tech Tip
Don’t miss the upcoming Solo & Small Firm Conference & Tech Expo on Friday, Sept. 19, at the Hyatt Regency in Greenville. The 2014 special guest is attorney Nerino Petro, a nationally known author, speaker and legal technologist. Nerino's discussions will include Cloud Computing: The Good, the Bad and the Ethics and 10+ Things You Can Do with the Software You Already Have (or Should Have). You won’t want to miss this conference, so register today! There’s still time for Solo & Small Firm Section members to apply for the scholarship to the Conference provided by the Solo & Small Firm Section. E-mail firstname.lastname@example.org or email@example.com with questions.
Summer of Standards
In 1993, the House of Delegates adopted Principles and Standards of Professionalism. While the Rules of Professional Conduct are mandates, the Standards are aspirational and intended to be a guide to higher thinking and conduct. This summer, the Bar will publish each of the 10 Principles in E-Blast as a helpful reminder, and link to the aspirational Standards of Professionalism for further reference.
Principle 2: A lawyer should further the legal profession’s devotion to public service and to the public good.
New CLE publication releases
The CLE Division has released two new publications. Order copies by visiting the publication store.
S.C. Rules Annotated 2014 is the most up-to-date premier compendium of the state court rules, and includes the latest civil, criminal, family, probate, administrative, magistrate or alternative dispute resolution rules.
S.C. Civil Procedure 2011-2014 Supplement includes recent amendments, including provisions for electronic discovery promulgated in 2011, the amendment to Rule 4 authorizing service of process by commercial delivery services adopted in 2013, and amendments to several rules adopted in anticipation of the e-filing system.
Bar Foundation awards $1.9 million to 19 legal related organizations
The Bar Foundation is proud to introduce its 19 grantees for FY 2015. Click here to learn how each of these grantees will be using Bar Foundation funds to advance justice in South Carolina. To support FY 15 grantees, download the donor form or make your gift online.
Member benefit: Office Depot promotion
Office Depot can help you stay on budget! Through July 26, get $15 off a qualifying order of $75 or more. Visit www.business.officedepot.com and use code "59656014."
Advance Sheet update
July 16, 2014
In this appeal from the family court, the S.C. Supreme Court affirmed the finding that the federal and state constitutions do not entitle a juvenile to a jury trial in a family court delinquency proceeding. Distinctions between the family court juvenile adjudication process and the traditional criminal justice process demonstrate the juvenile adjudication process in family court is not of a like nature or similar to the manner in which juveniles were criminally charged at the time the constitution was enacted.
In the Interest of Stephen W., Op. No. 27413 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 29), is available online.
In this appeal of a conviction for possession of crack cocaine, the Court reversed the circuit court, holding the circuit court judge erred in finding Snowdon dispositive as it is factually distinguishable. The Court expanded on the ruling in Snowdon as there was no consideration given to the significant constitutional and policy issues raised by the State's use of offensive collateral estoppel. The Court also found Hewins's motion to suppress should have been granted as the evidence did not support a finding that the officer had reasonable suspicion of criminal activity and therefore the continued detention of Hewins after the completion of the warning citation constituted an illegal detention.
State v. Hewins, Op. No. 27415 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 48), is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion.
The Court granted certiorari to review the decision of the Court of Appeals affirming the circuit court's decision to admit the petitioner's statement made in connection with a proffer agreement. The Court affirmed, opining that a criminal defendant may waive the protections afforded by Rule 410, SCRE, and the Court of Appeals was correct in holding the petitioner did so.
State v. Wills, Op. No. 27416 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 68), is available online.
Justice Beatty dissented in a separate opinion.
The Court affirmed the grant of summary judgment by the circuit court, holding the appellant, Fairfield County School District, failed to present any evidence beyond mere allegations that the S.C. General Assembly had neither a logical basis nor sound reason for the enactment of Act No. 294, of 2010.
Board of Trustees for the Fairfield County School District v. State, Op. No. 27417 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 91), is available online.
Justice Beatty dissented in a separate opinion in which Justice Hearn concurred.
The Court affirmed the Court of Appeals' opinion holding the alleged act of Criminal Domestic Violence was not committed "in the presence of a law enforcement officer" as required by the applicable statute. Therefore, the issuance of the uniform traffic ticket was improper.
State v. Ramsey, Op. No. 27418 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 109), is available online.
Chief Justice Toal concurred in result only.
The Court affirmed the circuit court’s grant of summary judgment, finding autopsy reports are medical records and therefore are excluded from disclosure under the Freedom of Information Act.
Perry v. Bullock, Op. No. 27419 (S.C. Sup. Ct. filed July 16, 2014) (Shearouse Adv. Sh. No. 28 at 116), is available online.
Justice Pleicones dissented in a separate opinion.
By order of July 16 the Court established a policy regarding the request for and the granting of extensions in cases filed under Rule 242, SCACR. The order is effective immediately and decrees that, in most cases, extensions may total no more than 20 days.
Lovic Alton Brooks Jr., 87, of Roswell, Ga. died July 14. His obituary can be found here.
By order of July 16 the Court disbarred William Jones Rivers III for misconduct including failure to safekeep property and ratifying another attorney’s misconduct.
The Floyd Law Firm announces that Collin Jewell has been named a partner and shareholder in the Surfside Beach office located at 15 Hwy. 17, S., 29587. (843) 238-5141.
Haynsworth Sinkler Boyd, PA announces that Stephen J. "Seph" Wunder has joined the Greenville office located at 1 N. Main St., 2nd Floor, 29601. (864) 240-3200.
Howell, Gibson and Hughes, PA announces that J. Andrew Yoho has joined the firm as an associate located at 25 Rue Du Bois, Beaufort 29907. (843) 522-2400.
The Newton Law Firm announces that C. Austin McDaniel has joined the firm located at 210 N. McDuffie St., Ste. 101, Anderson 29621. (864) 965-9148.
Turner Padget Graham & Laney, PA announces that Jaclynn Bower Goings has transferred to the Columbia office located at 1901 Main St., 17th Floor, 29201. (803) 254-2200.
Animal Law Committee Meeting, Conference Call
ADR Commission Meeting, Nelson Mullins (Columbia)
International Law Committee Meeting, Conference Call
Senior Lawyers Division Executive Council Meeting, Conference Center
Environment and Natural Resources Section Council Meeting, Conference Call
Workers' Compensation Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Lawyer Wellness Task Force Meeting, Nelson Mullins (Columbia)
Military and Veterans' Law Section Council Meeting, Conference Center
Construction Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Government Law Section Council Meeting, Conference Call
Employment and Labor Law Section Council Meeting, Conference Call
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.