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May 17, 2013

May 15, 2013

Welcome to the South Carolina Bar's E-Blast! 
May 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.

Board of Governors meets
The Board of Governors met May 16 at Sullivan's Island.

The following were elected to vacancies in the House of Delegates: Sally Rhoad, 9th Judicial Circuit; Matthew Bradley and Elizabeth Waldrep, 10th Judicial Circuit; Ed Love, 12th Judicial Circuit.

Sidney Evering and Chet Chea were elected to the Bar Foundation Board of Directors. An addition to the Foundation bylaws addressing removal for cause was approved.

Requests to create an Education Law Committee and Managing Partner Fora were approved.

The Board approved a request from the Senior Lawyers Division to recognize the annual Nifty Fifty Bar members during a luncheon at the Bar Convention.

The Board approved seeking legal counsel for consideration of a Bar Group Retirement Program.

The Board approved a request from the Law Related Education Committee to transition the We the People Battle of the Carolinas competition to an additional level of competition for the Middle School Mock Trial program.

The Board received a report from the Ad Hoc Judicial Qualifications Process Review Committee and approved amendments to the JQC Statement of Policy.

House of Delegates convenes in Sullivan's Island
The Bar's House of Delegates met May 16 at Sullivan's Island.

The House heard remarks from President Alice F. Paylor and Immediate Past President Angus H. Macaulay. To view a report on all Bar initiatives since July 1,
click here. The Young Lawyer of the Year Award was presented to Ryan Neville, and the Law Related Education Lawyer of the Year Award was presented to Blair Ballard Massey. In addition, a special pro bono award was presented to the Hon. John Waites of the U.S. Bankruptcy Court. Graduates of the 2013 Leadership Academy were recognized: Natalie R. Armstrong (Columbia), Twana Burris-Alcide (Rock Hill), William H. Edwards (W. Columbia), Emily R. Gifford (Columbia), Kristy G. Goldberg (Columbia), Joseph C. Good III (Charleston), Bradley D. Hewett (Columbia), Meliah B. Jefferson (Columbia), Michelle P. Kelley (Columbia), Jared Q. Libet (Columbia), Kathleen M. McDaniel (Columbia), Walton J. McLeod IV (Columbia), Irish Ryan Neville (Charleston), John Clarke Newton (Columbia), Chisa J. Putman (Rock Hill), Shealy B. Reibold (Columbia), Jacqueline S. Smith (Myrtle Beach), Angela G. Strickland (Columbia), Prina C. Tailor (Spartanburg) and T.D. Williams IV (Charleston).

The House approved a recommendation from the Task Force on Professional Liability Options to widen the field of preferred malpractice insurance carriers to include additional carriers that have met established criteria.

The House approved a request from the Practice and Procedure Committee to amend Rule 17 of the S.C. Family Court Rules regarding service and notice requirements.

The House approved two proposals presented by the Professional Responsibility Committee regarding amendment of Rule 1.6, Confidentiality of Information, and a third option to leave the rule as is with the addition of a subsection based on the ABA Model Rules of Professional Conduct.

Proposed rule changes will be forwarded to the S.C. Supreme Court.

Requests to amend bylaws of the Dispute Resolution Section, Health Care Law Section, Real Estate Practices and Senior Lawyers Division were approved under the Consent Agenda.

The House approved Bar and CLE Division budgets for 2013-14 and appointed the following members to the Nominating Committee: Daniel J. Ballou and William O. Pressley Jr., Region I; and Nicholas J. Clekis, Region IV.

Two S.C. high schools compete at National Mock Trial Competition
Students from N. Myrtle Beach High School and Strom Thurmond High School represented South Carolina at the National Mock Trial Competition May 9-11 in Indiana. The N. Myrtle Beach team won three out of four competition rounds and placed 13th overall. Strom Thurmond's student attorney, Kaitlyn Pugh, was one of 10 students named “Most Effective Attorney” during the competition. The Hon. John M. Rucker (S.C. Family Court) was chosen to preside over the championship round of the national competition, marking the first time a S.C. judge has been asked to take on such a prestigious honor.

Judicial election
A judicial election was held May 15. Congratulations to Brian M. Gibbons, elected to the Circuit Court, Sixth Circuit, Seat 1.

Reminder on GAL appointments
Bar members are reminded that the Rule 608 lists are not to be used by clerks in appointing guardian ad litems in the Family Court. The order may be found on the
Judicial Department's website.

Planned giving and your Bar Foundation
There are several ways to make a planned gift to the Bar Foundation. Those wishing to make a planned gift can name the Foundation as a full or partial beneficiary of a life insurance policy or retirement account; name the Foundation in a will; or make a gift of an appreciated security. The Bar Foundation has established
The Weinberg Society, which lists individuals who have made planned gifts in excess of $10,000 to the Bar Foundation and those who have made a bequest. To find out how you can extend your legacy through the profession with a planned gift, contact Executive Director Shannon Willis Scruggs.

Application period open for Guardian ad Litem vendor contracts

Attorneys interested in providing representation for volunteer guardians ad litem for children involved in abuse/neglect cases in family court are invited to submit a letter of interest and qualifications to the
S.C. Cass Elias McCarter Guardian ad Litem Program. This notice pertains to all S.C. counties except Richland. Responses must be received by June 5 at 5 p.m. and can be sent to Cass Elias McCarter Guardian ad Litem Program, 1205 Pendleton St., Columbia, SC 29201. Term of the contract is July 1, 2013 to June 30, 2014. Questions should be directed to bgorski@oepp.sc.gov or (803) 497-5436.

Advance Sheet update
May 15, 2013
The S.C. Supreme Court affirmed the circuit court’s grant of summary judgment in favor of the Town of Hollywood on its claims for declaratory and injunctive relief, finding that the Town’s ordinances clearly stated that the planning commission, rather than the zoning administrator, must approve subdivision plats if the property is subdivided into more than three lots. The Court reversed the circuit court’s denial of the Town’s motions for a directed verdict and JNOV on the developers’ equal protection claim, finding the developers failed to show the planning commission treated them differently than other similarly situated developers in the subdivision application process. As a result, the Court also reversed the circuit court’s award of attorney’s fees and costs to the developers.
Town of Hollywood v. Floyd, No. 27252, is available
online

The Court granted certiorari to review the denial of Gibbs’ second application for post-conviction relief (PCR). Gibbs sought PCR on two grounds: trial counsel was ineffective for failing to contemporaneously object to the introduction of a lineup, a show-up and in-court identifications; and trial counsel was ineffective in failing to request a jury instruction on the law of alibi as part of the defense strategy. The Court affirmed, finding that although trial counsel was deficient with respect to both of these issues, Gibbs was not prejudiced by his counsel’s deficient performance.
Gibbs v. State, No. 27253, is available
online.
Justice Pleicones concurred in result only. Chief Justice Toal dissented in a separate opinion in which Justice Beatty concurred.

In memoriam
Robert C. Lake Jr., 87, of Newberry died May 13. His obituary can be found
here.

Firm announcements
Bluestein, Nichols, Thompson and Delgado, LLC announces that J. Clarke Newton has joined the firm as an associate located at 1614 Taylor St., Columbia 29202. (803) 779-7599.

Dority and Manning, Attorneys at Law, PA
announces that Maegen W. Stokes has joined the firm located at 55 Beattie Place, Ste. 1600, Greenville 29601. (864) 271-1592.

Calendar
May 20
Military and Veterans' Law Section Council Meeting, Bar Building

May 29
Employment and Labor Law Section Immigration Law Committee Meeting, Conference Call

June 11
Health Care Law Section Council Meeting, Conference Call

June 14
Elder Law Committee Meeting, Conference Call

June 17-21
S.C. Supreme Court Institute, Columbia

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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