May 10, 2012
May 07, 2012
Welcome to the South Carolina Bar's E-Blast!
May 10, 2012
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.
Follow President Macaulay on Twitter
Bar President Angus Macaulay is on Twitter! Follow him at www.twitter.com/scbarpres2012, and get the latest updates on Bar events, member achievements and more!
Get involved through Committee Sign-Up!
If you have been searching for your own unique way to contribute to the Bar, consider signing up for a Bar committee. Nearly all committees are filled by appointment of the president-elect, and terms are for one year. The 2012-13 Committee Sign-Up form is now available on the Bar website at www.scbar.org/getinvolved. Or, look for a form in your May issue of the South Carolina Lawyer.
Thanks, YLD volunteers!
The Pro Bono Program thanks the YLD members who participated in the phone bank and web chat for the four special Ask-A-Lawyer events in celebration of Community Law Week. Phone banks were held in Columbia, Charleston, Myrtle Beach and Spartanburg during the week of April 30. The list of participating lawyers can be found here.
Sign up for the Lawyer-to-Lawyer Directory
The deadline to sign up to be listed in the 2012 Lawyer-to-Lawyer Directory is June 1. The directory is a list of lawyers who have experience in specific areas of the law and is available on the Bar’s website. Participating lawyers provide brief telephone consultations (up to 10 minutes) at no charge to other Bar members on specific areas of law. The directory is meant to encourage and facilitate appropriate lawyer-to-lawyer consultations, referrals and associations. It is not intended as a referral guide for the public.
To participate, complete the form at www.scbar.org/memberresources/publications.aspx and fax to (803) 799-4118 or e-mail to firstname.lastname@example.org. Participants must have three or more years of practice in the areas they select. Those listed in prior years will continue to appear in the directory unless the Bar is otherwise notified.
Applications for specialization certification
The Commission on CLE and Specialization is accepting 2012 applications for specialization certification through May 31. Specialization may be acquired in the following fields of practice: bankruptcy and debtor-creditor law; employment and labor law; estate planning and probate law; and taxation law. Applications for certification can be found on the Commission’s website. Questions should be directed to the Commission at (803) 799-5578 or email@example.com.
Don't forget to check out tomorrow's Weekly Legislative Report! Updates will be posted every Friday throughout the legislative session.
Advance Sheet update
May 9, 2012
The S.C. Supreme Court reversed the Court of Appeals and held that failure to provide actual notice of the 2006 amendment to S.C. Code Section 23-3-460, the Sex Offender Registry statute, violated the defendant’s due process and equal protection rights. Because the amendment imposed an additional registration requirement for sex offender registrants, sufficient evidence is needed to prove that a defendant received notice. In this case, a single, unreturned letter was not sufficient direct or circumstantial evidence that the defendant received notice.
State v. Binnarr, No. 27122, is available online.
Justice Pleicones dissented in a separate opinion.
In this case seeking equitable relief in the form of a constructive trust over a home, the Court held that the father had breached his fiduciary duty as a trustee of a Qualified Personal Residence Trust (QPRT) when he sold a condo but did not use the proceeds to buy a replacement home to be placed in the QPRT per the terms of the trust. Instead, he used the proceeds to buy a home which he placed in a different trust, of which his sons were trustees, but then ultimately transferred the home to himself and the wife, with both actions being a breach of fiduciary duty. Furthermore, the Court determined that laches did not bar the sons’ claim to the home in the form of a constructive trust because the sons sued promptly after their interests vested.
Eldridge v. Eldridge, No. 27123, is available online.
Regarding the constitutionality of mandatory lifetime satellite monitoring with no possibility of relief, the Court held that such monitoring for one who poses a low risk of reoffending violates substantive due process rights under the 14th Amendment. The Court emphasized that this is a narrow holding, applying only to those who pose a low risk of reoffending and those who are not under any term of probation, parole or similar restrictions. The case was remanded to determine if the defendant risked reoffending.
State v. Dykes, No. 27124, is available online.
Justice Kittredge concurred in a separate opinion, in which Chief Justice Toal and Justice Pleicones concurred.
By order of May 9 the Court disbarred Christopher Blakeslee Roberts (retroactive to September 24, 2010, and with additional conditions) for misconduct which included use of a letter in a collection matter which was dated prior to its creation, use of a tax district’s funds for personal use, and failure to appear at a hearing or withdraw from a matter when alcoholism began to impair his ability to provide representation.
By order of May 8 the Court reinstated Lucas V. Haugh to the inactive practice of law.
Dessausure Law Firm, PA announces that Tristan Shaffer has joined the firm located at 1928 Barnwell St., Columbia 29201. (803) 771-0042.
Harvey & Vallini, LLC announces that Amanda Morgan Blundy has joined the Mt. Pleasant office as an associate located at 497 Bramson Ct., Ste. 201, 29464. (843) 388-8883.
Community Works Training, Bar Building
Family Law Section Council Meeting, Bar Building
Bar Foundation Board Meeting, Conference Center
Elder Law Committee Meeting, Conference Call
Elder Law Guardianship/Conservatorship Subcommittee Meeting, Conference Call
Probate, Estate Planning and Trust Section Council Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Project Citizen Training, Bar Building
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.