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May 1, 2014

April 29, 2014

Welcome to the South Carolina Bar's E-Blast! 
May 1, 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 May 8
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.

Shuler named Distinguished Lawyer of 2014 
Franklin “Frank” G. Shuler Jr. has been named the Distinguished Lawyer of 2014 by the S.C. Bar Employment and Labor Law Section Council. Mr. Shuler will be recognized at the Section’s mid-year meeting on Friday, May 16, at the S.C. Bar Conference Center in Columbia. Read the complete press release
online.

Decision on Charleston School of Law deferred
The S.C. Commission on Higher Education deferred its decision whether to grant a license to InfiLaw System to operate the private Charleston School of Law until a meeting on May 19.
Read the Post and Courier article for more information.

13th Annual North Carolina, South Carolina, Georgia Tax Section Workshops
Join your colleagues May 23 through May 25 at the Kiawah Island Golf Resort for the 
13th Annual North Carolina, South Carolina, Georgia Tax Section Workshops. Share knowledge, network with peers and learn about the latest audit and compliance initiatives of the Internal Revenue Service, including IRS challenges to conservation easements, an overview of FBAR and PFIC Compliance, and changes to Circular 230.

Looking for a summer law clerk?
Need help? Hire a law student! Students at the USC School of Law complete final exams this week and are available to work for your law firm this summer. Contact the office of career services at (803) 777-8479 or post a job at
www.law.sc.edu/career/employer.

Need help explaining what Bar Foundation grantees do? Watch this!
Need help explaining to a friend or colleague what Bar Foundation grantees do? Let the grantees do the talking and watch
this video of two Lowcountry grantees: the Center for Heirs’ Property Preservation and S.C. Legal Services’ Charleston office. If you are looking for a speaker for your event or are interested in gathering a group of colleagues to learn more about your Bar’s Foundation, contact Executive Director Shannon Willis Scruggs.

Advance Sheet update
April 30, 2014
The S.C. Supreme Court, in its original jurisdiction, determined that, as a result of the U.S. Supreme Court’s decision in Shelby County, Alabama v. Holder, 133 S. Ct. 2612 (2013), the Equal Access to the Ballot Act is now in effect. After concluding the General Assembly intended the new requirement of a primary referendum in S.C. Code Sec. 7-11-30 to apply only to parties seeking to abandon the open primary method of nominating candidates in favor of the closed convention method, the Court denied the petitioner’s request to require the S.C. State Election Commission to conduct a Libertarian Party primary and to place a referendum question on the primary ballot to approve the use of the convention method.
S.C. Libertarian Party v. S.C. State Election Commission, Op. No. 27384 (S.C. Sup. Ct. filed April 24, 2014) (Shearouse Advance Sh. No. 17 at 21), is available
online

In this appeal concerning the S.C. Omnibus Adult Protection Act, the Court held that for a person to be deemed a “vulnerable adult” under the Act, there must be clear and convincing evidence the person’s physical or mental condition has caused a diminished ability to adequately provide for self-care or protection. Applying this definition to the case at bar, the Court determined the family court erred in declaring Doe a “vulnerable adult” under the Act. However, because there may have been significant changes to Doe’s physical and mental health and to the condition of her home during the pendency of the appeal, the Court remanded the case for the family court to conduct a review hearing to assess the current status of Doe’s case.
In the Interest of Jane Doe v. SCDSS, Op. No. 27385 (S.C. Sup. Ct. filed April 30, 2014) (Shearouse Adv. Sh. No. 17 at 25), is available
online.
Justice Kittredge dissented in a separate opinion in which Justice Pleicones concurred.

Member reinstatement
By order of April 30 the Court reinstated Parker Howle as a Regular Member of the Bar.

Firm announcements
Chappell, Smith & Arden, PA announces that W. Beau Busch, C. Daniel Vega and W. Hugh McAngus Jr. have become partners in the firm located at 1510 Calhoun St., Columbia 29201. (803) 929-3600.

Wylie W. Clarkson
announces the opening of Clarkson and Korn, LLC located at 1300 Pickens St., Columbia 29201. (803) 252-5817.

McKinney, Tucker and Lemel, LLC
announes that Gary C. Lemel has been named a managing partner and David W. Martin has joined the firm as an associate located at 303 Saluda St., Rock Hill 29730. (803) 328-1848. 

Calendar
May 2
Lawyers Helping Lawyers Commission Meeting, Bar Building

May 5
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinics: Wills, Estate and Probate (Pacolet); Landlord/Tenant Law issues (Spartanburg)

May 8
Board of Governors Meeting, Conference Center
Community Association Law Committee Meeting, Bar Building
House of Delegates Meeting, Conference Center
Assembly, Conference Center
Swearing In of New Officers, Conference Center
New Bar President Reception, Sowell Gray Stepp & Laffitte (Columbia)

May 9
Elder Law Committee Meeting, Conference Center
International Law Committee Meeting, Conference Call

May 12
Free legal clinics: Adoption Law Issues (Spartanburg); End of Life Issues (Woodruff)

May 13
Free legal clinics: Elder Law Issues (Columbia); Real Estate Issues and Foreclosures (Myrtle Beach)

May 14
Real Estate Section Council, Conference Call

May 15
Family Law Section Council Meeting, Bar Building

May 16
Animal Law Committee Meeting, Conference Call
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

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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