SC Bar

South Carolina Bar's E-Blast                                                              
April 1, 2008

Welcome to the South Carolina Bar's E-Blast!
E-Blast highlights upcoming activities, legal information and links to the Bar's Web site at www.scbar.org.

The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.



New benefit: Secure online computer backup 
The need to secure computer data with a backup copy is a fact of life for all lawyers--regardless of firm size. The Bar is pleased to announce a program with CoreVault to offer secure online data backup and recovery services to members. Bar members will receive a special member price starting at a low $29.95 per month. If you would like to know more about this new service and get a quote for your law firm, e-mail CoreVault at sales@corevault.net, call (888) 265-5818 or visit www.corevault.net/scb. 

Sign up now for Casemaker 2.0 training
The Bar is pleased to offer free LIVE Internet training on the new Casemaker 2.0. The training will include a review of the enhancements and new functionality in Casemaker 2.0. Participants will have the opportunity to ask questions of a Casemaker expert. This special Webinar is available three times: April 9 at 2 p.m.; April 15 at 2 p.m.; and April 17 at noon. Each Webinar lasts approximately one hour. Space is limited, so reserve your Webinar seat now by clicking on the day you wish you attend! If you have questions about how to register, contact Courtney Kennaday at (803) 799-6653, ext. 183.

Advance Sheet update
March 31, 2008
The Supreme Court affirmed the denial of Time Warner's application for an extension of certification into new service areas. The record included evidence that the proposed certification would adversely impact the availability of local exchange service, and the rest of the Commission's order complied with applicable state and federal law. 
Time Warner v. Public Serv. Comm'n, No. 26466, is available online.

The Court reversed the lower court's ruling that a municipal smoking ban was preempted by state law and the state constitution. The Clean Indoor Air Act does not preempt the entire field of indoor smoking; it contains no expressly stated intent that the State chose to exclusively regulate the subject of indoor smoking. The ordinance does not violate Article VIII, section 14 of the South Carolina Constitution, because it does not criminalize conduct that is not illegal under state criminal laws governing the same subject.  While the ordinance does make smoking in certain areas "unlawful," a violation is referred to as only an "infraction" or a "public nuisance" and is civil in nature.
Foothills Brewing Concern v. City of Greenville, No. 26467, is available online.

The Court affirmed the lower court's decision in this action to recover under an underinsured motorist policy. Smith's 42-year-old son, Tracy, was killed while riding as a passenger in another person's car; Tracy had no automobile insurance at the time. Tracy's estate intervened in an action to recover from Auto-Owners Insurance Company (Auto-Owners), his parent's automobile company; the policy listed one of Smith's two homes as Smith's resident. While the question of whether an insured may reside in more than one household is a question of first impression in this state, the court did not reach that question; it upheld the circuit court's finding that Smith and Tracy did not reside in the same household. Accordingly, Tracy did not qualify as an insured under his parents' automobile insurance coverage.
Smith v. Auto-Owners Insurance Company, No. 4363, is available online.

April 1, 2008
The Court of Appeals affirmed in this sexually violent predator case. The circuit court properly permitted an expert to testify at Ettel's commitment trial regarding prior sexually-related offenses not resulting in convictions and a prior murder conviction. The testimony was relevant because the expert relied on them in evaluating Ettel's need for and likelihood of success in treatment as well as his ability to control his behavior in the future; therefore, their potential unfair prejudice did not substantially outweigh their probative value.
In the Matter of Ettel v. State, No. 4364, is available online.

The court affirmed the Administrative Law Court's (ALC) dismissal of James' appeal. Although the ALC did have subject matter jurisdiction to hear James' claim, his appeal did not implicate a state-created liberty interest, and therefore dismissal was appropriate. The Parole Board denied James' parole but did not permanently deny his eligibility; an inmate has the right of review by the ALC after the final decision that he is ineligible for parole, but a parole-eligible inmate does not have the same right of review after the decision denying parole.
James v. South Carolina Dep't of Prob., Parole, & Pardon Servs., No. 4365, is available online.

Discipline
By order of March 27 the Court has placed William Robert Witcraft Jr. on interim suspension. Michael A. Scardato is the trustee.

Firm announcements
Carla F. Grabert-Lowenstein announces the opening of the office of Carla Faye Grabert-Lowenstein at 4012 Postal Way, Ste. B., P.O. Box 50097, Myrtle Beach 29579. (843) 903-3175.

David M. Holton announces the opening of the Law Office of David Holton, located at #4 Carriage Ln., Ste. 406D, P.O. Box 30684, Charleston 29417. (843) 452-8331.

In memoriam
Ronald J. Cantino, 66, of Mt. Pleasant died on March 28. His obituary can be found at The Post and Courier Web site.

William John Nicholson, 74, of Columbia, died on March 19. His obituary can be found at The State Web site.

Calendar
April 4
Elder Law Committee Meeting, Bar Building

April 7-8
Law Related Education Street Law Training, Suggs & Kelly Law Center, Columbia

April 7-9
Judicial Qualifications Committee Meetings, Bar Building

April 10
Access to Justice Commission Public Hearing, Colleton County Courthouse

April 14
Law Related Education Awards and Scholarships Subcommittee Meeting, Bar Building

April 17
Access to Justice Commission Public Hearing, Anderson County Courthouse
Family Law Section Council Meeting, Bar Building

To be added or deleted from the E-Blast list, e-mail ljackson@scbar.org.