Minutes February 2012

Friday, February 24, 2012, at 11:00 a.m.
Conference Call


The Council convened at the date, time and place indicated above.

Members Participating:
Danny Crowe, Vice Chairperson, Presiding
M. Dawes Cooke, Jr.
H. Mills Gallivan
Robert E. Newton
Thornwell F. Sowell, III

Joan S. Brown, Bar Staff
Call to Order, Roll Call and Welcome: Mr. Crowe, presiding in Mr. Bell’s stead, called the meeting to order, called the roll and welcomed those participating.

Approval of Prior Minutes: The Section Council received the Minutes of the December 15, 2011, meeting and adopted them by motion, second and unanimous vote.

Reports/Old Business:

ADR Commission Update: Ms. Brown reported as follows:

1. The Supreme Court had appointed two new members of the ADR Commission: Pamela E. Deal, Esq., of Clemson, replacing Michael D. Glenn, Esq., and the Hon. Patricia Grant, Clerk of Court of Colleton County, replacing Greenville County Clerk of Court, the Hon. Paul B. Wickensimer.

2. The Commission took a “wait and see” approach regarding Bill #4614 concerning custody disputes. Ms. Brown reported that as of the date of this conference call, the measure was pending in the Senate Judiciary Subcommittee.

3. The Commission discussed the amendment to Rule 410, which eliminated the associate membership status of the South Carolina Bar, and its effect on Rule 15. Mr. Hinson stated that because of time constraints, it had been necessary to vote by email in advance of the meeting on a proposal to be submitted to the Supreme Court deleting Rule 15(a)(B)(iv) and Rule 15(b)(1)(B)(iv) requiring out-of-state lawyers to be associate members of the South Carolina Bar as a requirement for certification. Upon proper motion and second, the prior email vote in favor of the above rule changes was ratified by unanimous vote. The Commission also voted to strike the language referring to associate membership from the applications for certification.

4. There was discussion as to whether in mandatory counties there was a requirement for additional mediation once litigation commenced where there had been pre-suit mediation. Judge Buckner stated that mediation should still be required pursuant to Section 15-79-125(F) of the S.C. Code of Laws.

5. Mr. Hinson scheduled the Commission’s next meeting for Friday, April 27, 2012.

Convention Seminar Update: The Council discussed the fact that the seminar had come up an hour short of its allotted time. The members requested that Ms. Brown obtain the results of the evaluations and put this matter back on the Agenda for the next meeting.

Progress on Goals: The Council requested that Ms. Brown modify the Goals to change references to “ADR” to just “Dispute Resolution.”

Collaborative Law – There was no report.

Suggestions for other projects – The Council agreed that when drafting the Goals for the coming year, it would make them more specific.

Article on Payment of Mediators – There was no report.

New Business:

1. Replacement of Robert Sowinski on the Section Council was discussed. Mr. Sowinski had been an associate member of the SC Bar prior to the amendment of Rule 410. Ms. Brown explained that pursuant to Section 1.4(b)(2), of the SC Bar Constitution, associate members of the Bar could serve only as nonvoting members of sections and committees. Therefore, even if he were still an associate member of the Bar, Mr. Sowinski could not serve on the Council. Nominations were then opened for his replacement, who would serve out the remainder of Mr. Keefer’s term. Upon proper motion and by unanimous vote, the Council selected Thomas L. Stephenson of Greenville to serve. Mr. Gallivan was to contact him and ask him if he would consent to do so.

2. Mr. Crowe noted that traditionally the Chairperson-Elect had served as Seminar Coordinator for the Bar Conventions and agreed that as the incoming Chairperson-Elect, he would continue tradition and serve in that capacity.

3. The Council members were asked to think about how to increase participation by the Council members.

Next Meeting: The Council voted that the next conference call meeting would tentatively be held at 11:00 a.m. on Friday, May 4, 2012. Ms. Brown would send out an email to the Council requesting feedback on that date and time.

Adjournment: There being no further business, Mr. Crowe adjourned the meeting.