July 31, 2014
July 25, 2014
Welcome to the South Carolina Bar's E-Blast!
July 31, 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.
Aging Gracefully: Preparing for the Road Ahead
The SC Bar, SC Medical Association and SC Coalition for the Care of the Seriously Ill are holding the inaugural conference, Aging Gracefully: Preparing for the Road Ahead, to address legal and medical concerns facing South Carolina’s elderly, their families and caregivers. The event will take place Aug. 21 from 9 a.m. to 3 p.m. at the Brookland Baptist Church Conference Center (1066 Sunset Blvd., W. Columbia). Contact firstname.lastname@example.org for sponsorship opportunities, or visit the website to register yourself or a family member as a participant.
YLD Backpack Drive underway
The YLD Backpack Drive Committee is collecting school supplies for donation to students throughout the state. Supplies are being collected through Thursday, Aug. 14, in Charleston, Columbia, Kingstree, Greenville, Myrtle Beach and Rock Hill. Take advantage of the upcoming tax-free weekend to purchase items; the list of drop-off locations and needed supplies can be found online.
PMAP Practice Pointer
Sitting at your desk all day is not good for your health. Studies show that even if you hit the gym after work, your efforts may not undo the effects of sitting in your chair all day. Although most of us have heard about the treadmill desk craze, did you know you don't need to spend thousands of dollars to have some of the same benefits? To counteract the health risks of prolonged sitting, try taking regular walking breaks around the office. Set an alarm to remind yourself to get up and move once every hour. You may also want to look into standing desks as a solution. Read this article to learn why sitting at work is dangerous and what you can do. Contact PMAP for free assistance with your law practice at email@example.com.
Workers' Compensation Commission survey
The Bar has implemented the second bi-annual survey of Workers' Compensation Commissioners to provide feedback and evaluate performance based on the experiences of those who have practiced before them. The survey has been distributed to members of the Bar's Workers' Compensation Section. Please note that any responses to the survey will be anonymous.
Checklist for magistrates and municipal judges
By order of July 25 the Checklist for Magistrates and Municipal Judges (SCCA/507) shall be used in all magistrate, municipal and general sessions court cases in which bond is set by a magistrate or municipal court judge, and at first appearances in those general sessions court cases where offenses are non-bailable by a magistrate or municipal court judge and require that bond be set by a circuit court judge.
Certificate of Tax Compliance procedures
Bar members are asked to review the procedures for requesting a Certificate of Tax Compliance as received by the S.C. Department of Revenue, which can be found here.
Electronic documents accepted at seven Register of Deeds offices
Berkeley County recently became the seventh county in South Carolina—along with Greenville, Horry, Beaufort, Lexington, Richland and York—to begin accepting documents electronically at its Register of Deeds office, enabling attorneys and others to record documents online in minutes. For more information about e-recording in South Carolina, e-mail Randy Johnstone at firstname.lastname@example.org.
August Bar Foundation grantee activities
Getting the kids ready to go back to school can be fun with a Bar Foundation grantee! Join CASA or the S.C. Center for Fathers and Families for their back-to-school events, turn your radio to WGCV 620 AM to hear from S.C. Legal Services, or volunteer at one of the help clinics in your area. View the full list of events for dates, locations and appropriate contact personnel. Want Bar Foundation grantee activities in your inbox? Add them to your Outlook Calendar.
Advance Sheet update
July 30, 2014
In this appeal of a workers’ compensation case, the S.C. Supreme Court reversed the Appellate Panel of the S.C. Workers' Compensation Commission's order denying the appellant's request for reimbursement from the S.C. Second Injury Fund and remanded the case for determination of the amount of reimbursement to which the appellant is entitled. The Court found the appellant was entitled to a presumption that the claimant's diabetes was permanent and constituted a hindrance or obstacle to his employment or reemployment and the Commission's conclusion that the evidence rebutted the presumption was “clearly erroneous in view of the substantial evidence on the record.”
State Accident Fund v. S.C. Second Injury Fund, Op. No. 27424 (S.C. Sup. Ct. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 14), is available online.
Justice Pleicones concurred in result only.
The S.C. Court of Appeals reversed appellant Michael Wilson Pearson’s convictions for first degree burglary, armed robbery, grand larceny, kidnapping and possession of a weapon during the commission of a violent crime, as the circumstantial evidence presented by the State did not rise to the level of substantial circumstantial evidence necessary to submit the case to the jury.
State v. Pearson, Op. No. 5251 (S.C. Ct. App. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 33), is available online.
In this DUI case, the circuit court did not err in dismissing Mimms' appeal on the magistrate court's failure to charge criminal intent as an element of the DUI statute. The court found that under South Carolina's DUI statute there is a clear legislative purpose for imposing strict liability and public policy favors strict liability. The court further clarified the ruling does not apply to situations wherein a drug is involuntarily or unknowingly ingested while consuming alcohol.
State v. Mimms, Op. No. 5252 (S.C. Ct. App. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 42), is available online.
In this appeal from the Administrative Law Court, which upheld the S.C. Department of Health and Environmental Control's decision to renew the license under which Chem-Nuclear Systems, LLC operates a disposal facility for low-level radioactive waste, the court affirmed on all issues except those regarding Chem-Nuclear’s compliance with four subsections of the regulation governing DHEC's issuance and renewal of such licenses.
Sierra Club v. SCDHEC, Op. No. 5253 (S.C. Ct. App. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 53), is available online.
In this criminal appeal, Leslie Todd Parvin argued the trial court committed reversible error in allowing inadmissible hearsay statements from two witnesses. The court affirmed, finding the trial court's error was harmless as the improperly admitted statements were cumulative to other testimony to which there was no objection, and therefore there was no prejudice to the defendant.
State v. Parvin, Op. No. 5254 (S.C. Ct. App. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 85), is available online.
The court vacated orders from the family court, holding the orders at issue were void for lack of subject matter jurisdiction. The court said, “Although we are sympathetic to Wife's difficulties in securing money owed by Husband, in light of the fact that Wife filed the 2008 order as a money judgment pursuant to the UEFJA and proceeded in circuit court, we are constrained to vacate the family court's orders.”
Katzburg v. Katzburg, Op. No. 5255 (S.C. Ct. App. filed July 30, 2014) (Shearouse Adv. Sh. No. 30 at 93) (formerly Op. No. 2014-UP-255), is available online.
By order of July 30 the Court disbarred Robert Paul Taylor for misconduct including making a false statement of material fact in a discipline matter and failure to act with reasonable promptness and diligence.
By order of July 30 the Court issued a public reprimand to James Watson Smiley IV for misconduct including failure to provide competent representation and failure to timely respond to disciplinary counsel.
Collins & Lacy, PC announces that Jack Griffeth has been named partner-in-charge in the Greenville office located at 110 W. North St., Ste. 100, 29601, (864) 282-9100, Bennett Crites has been named partner-in-charge in the Charleston office located at 200 Meeting St., Ste. 403, 29401, (843) 714-2500 and Will Bryan has been named partner-in-charge in the Myrtle Beach office located at 11945 Grandhaven Dr., Ste. D, 29576, (843) 353-2350.
Finkel Law Firm LLC announces that Chris S. Truluck has joined the firm as an associate located at 1201 Main St., Ste. 1800, Columbia 29201. (803) 765-2935.
The Hawkins Law Firm announces that Randy Taylor has joined the Greenville office located at 420 River St., 29601. (864) 574-8801.
Lawyer Wellness Task Force Meeting, Nelson Mullins (Columbia)
Military and Veterans' Law Section Council Meeting, Conference Center
Construction Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Tax Law Section Council Meeting, Conference Call
Government Law Section Council Meeting, Conference Call
Employment and Labor Law Section Council Meeting, Conference Call
Annual Meeting of the Chairs, Conference Center
Diversity in the Bar Task Force Meeting, Bowman and Brooke
Memory Hold the Door Committee Meeting, Conference Center
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.