January 16, 2014
January 14, 2014
Welcome to the South Carolina Bar's E-Blast!
January 16, 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.
Summary of House matters
A summary of matters scheduled for presentation to the House of Delegates on January 23 can be found here. It has been the custom of the House to extend the right to comment on motions to all Bar members present. Members of the House are listed in the Lawyers Desk Book on pages 5-6.
Show us why you're proud to be a S.C. lawyer
Check out pages 56-57 of the January issue of South Carolina Lawyer for photos of your colleagues in action. We want to hear from you, too! Send an "action" photo of your community service or pro bono work to firstname.lastname@example.org for inclusion in an upcoming issue.
Join your fellow Bar members and legislators for an evening of cocktails and light hors d'oeuvres at the 2014 Legislative Reception on Wednesday, Jan. 22, from 5 to 7 p.m. The event will be held at the Capitol Center (1201 Main St., Columbia). RSVP to Lindsey Pitts at (803) 576-3837 or email@example.com by Jan. 17.
Judicial Merit Selection Commission releases report
The Judicial Merit Selection Commission released its Draft Report of Fall 2013 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. 21, when the report becomes final.
New member benefit added
The Bar has added another offering to your collection of member benefits. Nationwide is offering Bar members exclusive discounts on insurance for autos, property, power sport equipment and pets. Visit www.nationwide.com/cps/pc-affinity-scbar.htm or call 1-803-772-6969 for a free quote.
Rule changes submitted to the General Assembly
The following rule amendments were submitted to the General Assembly on Jan. 15: amendment of Rule 244 of the S.C. Appellate Court Rules; amendment of Rules 11 and 77 of the S.C. Rules of Civil Procedure; and amendment of Rule 41.2 to the S.C. Rules of Civil Procedure.
2014 S.C. Bar Convention highlights
Only one week until the 2014 S.C. Bar Convention kicks off on Kiawah Island! Don’t forget to download your materials ahead of time: find seminar agendas, materials and speaker biographies online. Plus, check out the Convention sponsor spotlight:
Application period open for remaining Rule 608 civil contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (TPR, Abuse and Neglect, PCR and SVP cases) are invited to submit an application for consideration. This notice only applies to civil contracts in designated counties identified on the SCCID website. The link for the application and other important information about the contract program is located on the front page of www.sccid.sc.gov. All applications must be received by 5 p.m. on Feb. 1, 2014, to be considered. Questions regarding the application process should be directed to SCCID.
Sign up for updates from the Bar Foundation!
Missing out on getting the annual report and other Bar Foundation updates to your inbox or mailbox? Sign up for the Foundation's e-mail and mailing list so you can receive the latest news. E-mail firstname.lastname@example.org with your name, mailing and e-mail address.
Advance Sheet update
January 15, 2014
This opinion, originally filed Oct. 16, 2013, was withdrawn, substituted and refiled Jan. 15, 2014. In declining to adopt the higher competency standard to waive the right to counsel as articulated in Indiana v. Edwards, 554 U.S. 164 (2008), the S.C. Supreme Court maintained its position that any defendant competent to stand trial is competent to waive his right to counsel. Since the trial judge’s denial of Barnes’ request to proceed pro se was predicated on the Edwards standard, the Court reversed Barnes’ convictions and sentence.
State v. Barnes, Op. No. 27322 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 27), is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.
This case required the Court to determine the validity of a service-of-suit clause in an insurance policy in light of S.C. Code Section 15-9-270, which provides for service of process on an insurer through the director of the Department of Insurance. The circuit court upheld the service-of-suit clause, which requested service be made to the insurance company’s legal department, and refused to relieve the insurer from default judgment. The Court of Appeals reversed, holding S.C. Code Section 15-9-270 provides the exclusive method for serving an insurance company. The Court reversed the Court of Appeals and held that insurance policy provisions creating alternative methods of service are valid and binding on insurers.
White Oak Manor, Inc. v. Lexington Insurance Co., Op. No. 27351 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 77), is available online.
Justice Pleicones dissented in a separate opinion.
In this domestic action, the Court granted a writ of certiorari to review the Court of Appeals’ decision affirming the family court’s finding of transmutation, which resulted in the inclusion of the husband’s premarital land surveying business in the marital estate. Although the Court found the Court of Appeals erred in affirming the family court’s reliance on the parties’ premarital conduct in the transmutation analysis, the Court affirmed the finding based on the parties’ conduct during the marriage. The Court determined the evidence supports a finding that the parties intended the business to be the common property of the marriage. Accordingly, the Court affirmed as modified the decision of the Court of Appeals.
Pittman v. Pittman, Op. No. 27352 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 87), is available online.
On certiorari, Giles challenged the Court of Appeals’ affirmation of his convictions and sentences, asserting the trial court improperly sustained the solicitor’s Batson motion. After concluding Giles failed to meet the requirements to satisfy the second prong of the Batson test, the Court affirmed.
State v. Giles, Op. No. 27353 (S.C. Sup. Ct. filed January 15, 2014) (Shearouse Adv. Sh. No. 2 at 98), is available online.
By order of January 15 the Court suspended Shana Denice Jones-Burgess for 12 months (retroactive to July 26, 2012) for misconduct including failure to diligently represent her clients and failure to timely respond to inquiries from the Office of Disciplinary Counsel.
By order of January 15 the Court suspended Scott Christen Allmon for one year (retroactive to Jan. 16, 2013, and with additional conditions) for making a false statement of material fact to a third person.
Eller Tonnsen Bach, LLC announces that Walter R. Frye III has joined the firm as a partner located at 2201 Augusta St., Ste. 200, Greenville 29605. (864) 236-5013.
C. Jennalyn Dalrymple announces the closing of King and Dalrymple, PA located at 829 Meeting St., W. Columbia, 29169, (803) 794-3311, and that she will no longer be representing debtors in the U.S. Bankruptcy Court.
Graybill, Lansche & Vinzani, LLC announces that Jacob “Jake” S. Barker has joined the Charleston office located at 225 Seven Farms Dr., Ste. 107, 29492. (843) 408-4063.
Howser, Newman and Besley, LLC announces that James P. Sullivan and Vincent C. Northcutt have been named partners in the Charleston office located at 215 E. Bay St., Ste. 303, 29401. (843) 216-6940.
Kenison, Dudley & Crawford, LLC announces that F. Lee Pricket III has been named a partner in the firm located at 704 E. McBee Ave., Greenville 29601. (864) 242-4899.
Rudisill, White & Kaplan, PLLC announces that Grayson M. Shephard has joined the firm located at 212 S. Tryon St., Ste. 1440, Charlotte, NC 28281. (704) 378-8888.
Smith Moore Leatherwood, LLP announces that Fredric Marcinak has been elected a partner in the Greenville office located at 300 E. McBee Ave., Ste. 500, 29601. (864) 242-6440.
Lawyers in Transition Task Force Meeting, Conference Call
Board of Governors Meeting, The Sanctuary (Kiawah Island)
House of Delegates Meeting, The Sanctuary (Kiawah Island)
Children's Law Committee Meeting, Bar Building
Law Related Education Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinic: Family Law (Pacolet)
International Law Committee Meeting, Conference Call
Free legal clinic: Family Law (Spartanburg)
Free legal clinics: Wills, Estates and Probate (Landrum); End of Life Issues (Myrtle Beach)
Elder Law Committee Meeting, Conference Call
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.