January 10, 2013
January 09, 2013
Welcome to the South Carolina Bar's E-Blast!
January 10, 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.
Judicial Merit Selection Commission releases report
The Judicial Merit Selection Commission has released its Draft Report of Fall 2012 Judicial Candidates. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, statements detailing a candidate’s qualifications or commitments to vote for a candidate until Jan. 15, when the report becomes final.
Bar members elected to leadership positions in S.C. General Assembly
The S.C. Bar extends congratulations to the following members elected to leadership positions in the S.C. Senate: Fishing, Game and Wildlife Committee Chairman George E. “Chip” Campsen III (Charleston), Banking and Insurance Committee Chairman Robert W. Hayes Jr. (York), Majority Whip Shane A. Massey (Edgefield), Ethics Committee Chairman Luke A. Rankin (Horry), and Minority Chair Nikki G. Setzler.
The S.C. Bar also extends congratulations to the following members elected to leadership positions in the S.C. House of Representatives: Majority Leader Bruce W. Bannister (Greenville), Rules Committee Chairman Alan D. Clemmons (Horry), Judiciary Committee Chairman F. Gregory "Greg" Delleney Jr. (Chester), Minority Treasurer Laurie Slade Funderburk (Kershaw), Speaker Pro Tempore James H. "Jay" Lucas (Darlington), Minority Assistant Leader Walton J. McLeod (Newberry), Minority Leader Todd Rutherford (Richland), Minority Deputy Leader and Judiciary Committee First Vice Chairman James E. Smith Jr. (Richland), and Minority Parliamentarian and Legislative Ethics Committee Vice Chairman J. David Weeks (Sumter).
Join your fellow members of the S.C. Bar and the members of the General Assembly for an evening of cocktails and light hors d' oeuvres at the 2013 Legislative Reception on Wednesday, Jan. 16, from 5 to 7 p.m. The event will be held at Oak Table (1221 Main St., Columbia). Contact Catherine Scarlett at (803) 576-3782 or email@example.com to RSVP.
Application period now open for Rule 608 criminal conflict contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in criminal conflict cases are invited to submit an application for consideration. This notice pertains to all 46 counties in the state. The link for the application and other important information about the contract program is located on the home page of the SCCID website. All applications must be received by 5 p.m. on Jan. 31 to be considered. Questions regarding the application process should be directed to SCCID.
Application period extended for Rule 608 civil contract case contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (post conviction relief and sexually violent predator actions included) are invited to submit applications for consideration. This notice is for contracts in the following 20 counties not previously noticed in September: Abbeville, Allendale, Beaufort, Calhoun, Charleston, Chester, Clarendon, Edgefield, Fairfield, Florence, Georgetown, Greenville, Hampton, Kershaw, McCormick, Orangeburg, Richland, Saluda, Union and York. The link for the application and other documents concerning the civil case contract program is located on the home page of the SCCID website. Please note some changes have been made to the contract language concerning the amount of malpractice coverage required. All applications must be completed and received no later than 5 p.m. on Jan. 23. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
The weekend of the Bar Convention provides an excellent service opportunity for all S.C. attorneys! The YLD Habitat for Humanity Wills Clinic Committee is seeking volunteers to help provide free wills for Habitat for Humanity homeowners on Saturday, Jan. 26, at 1 p.m. The clinic has been conveniently scheduled during a break in Convention activities to give all attendees a chance to participate. No wills experience is necessary; training and forms will be provided. To volunteer, contact Jennifer Ashburn at firstname.lastname@example.org or (803) 708-7445. The clinic will be held at the Horry County Habitat for Humanity offices located at 165 Co-Op Rd. in Myrtle Beach.
Interested in becoming an author?
All Bar members attending the Convention are invited to gather in the Marriott Resort's Osprey Room on Jan. 26 from 1:30 to 3 p.m. for a seminar that encourages you to explore your writing abilities and create the great American novel or a work of non-fiction. Bert Goolsby, formerly of the S.C. Court of Appeals, will be on hand to answer questions and distribute three of his publications to interested parties: Ever Thought of Self-Publishing?, Group Therapy: Meet the Ink Plots and Twintea-Won Rulse Witch Might Help You Rite Gooder.
January’s Bar Foundation grantee activities
Start off your new year with Foundation grantees! This month, middle and high school students will compete in LRE’s We the People state competition; S.C. Legal Services and the S.C. Bar Pro Bono Program will help South Carolinians tackle issues such as identity theft protection and end of life concerns; and Citizens Opposed to Domestic Abuse will host a volunteer orientation. In addition, several grantees will be exhibiting at the S.C. Bar Convention. To view a full list of this month’s events, including dates and grantee contacts, visit our website. Help us continue to help them by supporting the Bar Foundation today.
Advance Sheet update
January 8, 2013
On writ of certiorari, the S.C. Supreme Court reversed the decision of the Court of Appeals and found the search and seizure proper under the Fourth Amendment. The Court held that the police did have reasonable suspicion to justify an investigatory stop and that the officer's conduct did not exceed the permissible scope of a pat-down search.
State v. Taylor, No. 27207, is available online.
Justice Beatty dissented in a separate opinion. Justice Kittredge concurred in part and dissented in part in a separate opinion.
In this direct appeal, the Court affirmed the trial court's grant of summary judgment in favor of the Town of Mt. Pleasant. The town's decision to zone the entire golf course property as a recreation and conservation-only district did not constitute an unconstitutional taking, nor was it a violation of the appellant's substantive due process or equal protection rights.
Dunes West Golf Club, LLC v. Town of Mt. Pleasant, No. 27208, is available online.
Harry A. Chapman Jr., Russell W. Harter Jr. and Carly M. Harter announce the opening of Chapman, Harter & Harter, PA located at 14 Lavinia Ave., Greenville 29601. (864) 233-4500.
Druanne White Law Firm, PA announces that it is now White, Davis & White Law Firm, PA and that it has moved to 209 E. Calhoun St., Anderson 29621. (864) 231-8090.
Grimes Teich Anderson, LLP announces that Jeff M. Martin has joined the Greenville office located at 111 E. North St., 29601. (864) 421-0771.
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard announces that Miles C. Thomas has become a shareholder in the New Orleans, La. office located at 601 Poydras St., Ste. 2775, 70130. (504) 568-1990.
The McCord Law Firm, LLC announces that Daniel L. Crotchett has joined the firm located at 109 E. North St., Greenville 29601. (864) 593-2292.
Moore, Taylor & Thomas, PA announces that Sarah Taylor Cassidy and Margaret "Meg" Hazel have joined the W. Columbia office as associates located at 1700 Sunset Blvd., 29171. (803) 796-9160.
Senn Legal, LLC announces that Robin Lilley Jackson has been named a partner in the firm located at 3 Wesley Dr., Charleston 29407. (843) 556-4045.
Smith & Downey, PA announces the opening of its Charleston office located at 211 Hanahan Plantation Circle, 29410, (843) 553-4716, and that Susan Stafford Risinger been named a partner.
Turner Padget Graham and Laney, PA announces that Brad B. Easterling has been elected a shareholder in the Greenville office located at 200 E. Broad St., Ste. 250, 29601, (864) 552-4600; Mark B. Goddard has been elected a shareholder in the Myrtle Beach office located at 2411 N. Oak St., Ste. 301, 29577, (843) 213-5500; and J. Jakob Kennedy has been elected a shareholder in the Florence office located at 319 S. Irby St., 29501, (843) 662-9008.
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Member Involvement Task Force Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Lawyers Helping Lawyers Training, TBD
Board of Governors Meeting, Myrtle Beach
House of Delegates Meeting, Myrtle Beach
Memory Hold the Door Ceremony, Myrtle Beach
Practice and Procedure Committee Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
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