SC Bar

South Carolina Bar's E-Blast                                                              
June 17, 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 members admitted
Congratulations to the members who were admitted to the Bar in May. To view the list, click here.

Justice Jam raises funds for Pro Bono Program
On April 26, approximately 250 Bar members and members of the public kicked off Community Law Week with musical gusto. The talented musicians of the Ron Dunbar Band, The Reprieves, Los Bastardos, Sugar Daddy and The Joe Good Band played into the wee hours of Sunday morning, ending with a crowd-pleasing rendition of "Knocking on Heaven's Door."  Through the silent auction and concert entrance fees, Justice Jam raised nearly $3000 for the Bar's Pro Bono Program. Special thanks to Ashmore, Leaphart, Rabon & Hinds; Wyman Byars; Jennie Cluverius; Daniel Crider; Will Edwards; Bob FitzSimons; Five Points Pub; John Frick, Valorem Imaging; Byers Greer, The Gallery at DuPre; Hampton Inn Vista; Katherine Hester; Investor's Title; The Joe Good Band (Joe Good, Gibbs Leaphart and Mac Leaphart); Josh Lonon; Los Bastardos (Hunter Freeman, Sebastian Acosta, Josh Riley and Jon Hall); Ashley McMahan; Michael J. Oana; Nexsen Pruet; Rebecca Poston; The Reprieves (James Ervin, Jim Stoddard, Keir Weyble, John Blume and Ward Croft); The Ron Dunbar Band (Ron Dunbar & Travis Olmert); SC Barbell; Sowell, Gray, Stepp & Laffitte; Wayne and Susan Sease; Sugar Daddy (John Emerson, Bobby Buffington, Kerk Spong, John Renner, Chuck Stiles and Robert Key); Nancy Waller and Dr. Edward D. Waller. A huge thanks to Ginny Waller for coordinating the event.  Click here to view pictures of the event.

Casemaker makes the case!
With all the recent enhancements to Casemaker, more and more Bar members are discovering its speed, ease of use and reliability. And with free research and free printing, the "price" can't be beat! Never tried Casemaker? Don't worry, since all active Bar members are automatically subscribed, you can log in anytime. Just go to www.scbar.org/casemaker and click on the link to log in. Enter your Bar number and then enter the first initial of your first name combined with your last name. Be sure to use lowercase letters. If you happen to have a suffix, add it too, making sure to follow the instructions written on the Web page above the login fields. Casemaker is user-friendly--if you can use an Internet search engine, you can probably use Casemaker. Questions? Please contact Courtney Kennaday at casemaker@scbar.org or (803) 799-6653, ext. 183. You can also call Lawriter toll free at 1-877-659-0801 from 8 a.m. to 8 p.m.

Bar Foundation news
The Bar Foundation is pleased to acknowledge seven new donors to the Liberty Legacy category during the current fiscal year. To see this listing of esteemed donors, click here. Or, check out the inaugural list of Young Lawyer Legacy donors. For more information on how you can give back to the profession, contact Shannon Willis Scruggs or call (803) 765-0517. The Foundation is the philanthropic arm of the South Carolina Bar awarding more than $41 million to legal related non-profits and philanthropic organizations.

Volunteers needed for EdVenture Children's Museum summer camps
If you like kids--or you're still a kid yourself--volunteer a couple of hours one day (or two) at Camp EdVenture 2008. The YLD is teaming up with the EdVenture Children's Museum in Columbia to assist with their summer camps. As a volunteer, you could find yourself sliding down the inside of a 40 foot boy, using CSI technology to solve mysteries, designing your own roller coaster or learning the secret art of magic and illusion. Several different camps are offered that teach children ages three to 12 about science, art, cooking and music in fun and creative ways. The camps run from June 2 through August 15. To view the complete list of camps click here or visit www.edventure.org to get a full description of each camp offered. EdVenture is asking YLD members to volunteer on either a Tuesday, Wednesday or Thursday from 10 a.m. until noon. You can volunteer for the whole week or just one day. Please contact Jessica Steadman with the date you would like to volunteer.

Legislation update
The following legislation has been passed by the General Assembly during the 2008 session. Online legislation and regulations are available at www.scstatehouse.net.

Joint Citizens and Legislative Committee on Children. Act 251 (R306, S1011) amends the Code of Laws of South Carolina, 1976, by adding Section 20-7-25 so as to establish the Joint Citizens and Legislative Committee on Children, to provide for its membership, powers and duties, to direct the Committee to study issues relating to children as it may undertake or as directed or requested by the General Assembly, to require the Committee to report annually to the Governor and General Assembly, to provide that the Children's Law Center at the University of South Carolina School of Law shall provide staffing for the Committee, to provide that funding may be provided in the annual General Appropriations Act and from other sources, and to terminate the Committee December 31, 2015, unless reauthorized by the General Assembly. Effective June 4, 2008.

Criminal Domestic Violence. Act 255 (R320, H3058) amends Section 16-25-20, Code of Laws of South Carolina, 1976, relating to the offense of criminal domestic violence, so as to restructure the penalty provisions, increase certain penalties, and add that criminal domestic violence convictions in other states are to be considered when determining a previous conviction for purposes of enhancing the penalty. Effective June 4, 2008.

Probate Court. Act 257 (R324, H4065) amends Section 62-1-302, Code of Laws of South Carolina, 1976, relating to jurisdiction of the Probate Court, so as to add the word "general" before "personal representatives" in connection with formal proceedings for their appointment. Effective June 4, 2008.

Childcare Homes. Act 262 (R299, S311) amends the Code of Laws of South Carolina, 1976, by adding Section 20-7-2723 so as to require all childcare centers, group childcare homes and family childcare homes that do not carry liability insurance, or whose liability insurance lapses or is canceled and not replaced, to obtain statements from the parent or guardian of a child enrolled in the childcare facility indicating that the parent or guardian has received notice from the facility that the facility does not carry liability insurance or that the insurance lapsed or was canceled, to require the Department of Social Services (DSS) to inform each childcare center, group childcare home and family childcare home of this requirement, and to provide that compliance with this Section is a condition of licensure. The Act amends Section 20-7-2725 to also require a Central Registry of Child Abuse and Neglect check to be conducted on the person seeking childcare center employment, to provide additional provisional employment requirements relative to the Central Registry checks, to establish criminal penalties when a director of a childcare facility violates the provisional employment requirements, and to require the DSS to complete a Central Registry check within two days of receiving the request; and adds Section 20-7-2727 so as to require the owner or operator of a childcare center, group childcare home or family childcare home to notify and obtain statements from the parent or guardian of a child enrolled in the childcare facility that the facility may provisionally employ a person when an unexpected vacancy occurs. Effective June 30, 2008. 

Magistrate Court. Act 267 (R314, S1221) amends Article 3, Chapter 3, Title 22, Code of Laws of South Carolina, 1976, relating to civil procedure in Magistrate's Court, so as to revise the Article substantially in order to delete provisions that have been provided by the South Carolina Rules of Magistrate's Court and to rename the Article to conform with the revisions, among other things; and amends Section 5-7-12, relating to the designation of school resource officers, so as to provide a student arrested for a misdemeanor by a school resource officer must receive a bond hearing within 24 hours of his arrest and may receive a courtesy summons. Effective June 4, 2008.

Jury Lists. Act 270 (R325, H4229) amends the Code of Laws of South Carolina, 1976, by adding Section 14-25-130 so as to require the preparation of jury lists from the electronic file of persons holding a valid state driver's license or identification card to be furnished by the State Election Commission to Municipal Jury Commissioners; amends Section 14-25-125 and 14-25-155, both relating to the composition of Municipal Court jury lists, both so as to provide that the jury list to be used by the municipality is the list prepared by the Jury Commissioners from the latest official list provided by the State Election Commission; and amends Section 14-7-130, relating to the preparation of jury lists of persons holding a valid state driver's license or identification card, so as to require the preparation of jury lists from the electronic file of persons holding a valid state driver's license or identification card to be furnished by the State Election Commission to County Jury Commissioners. Effective June 4, 2008.

Advance Sheet update
June 12, 2008
The Court of Appeals reversed the trial court's convictions of Williams on two counts of assault of a high and aggravated nature, one count of attempted escape and two counts of kidnapping. On appeal, Williams contended that the trial court committed reversible error when it sustained the State's Batson motion and thereafter mandated that a challenged juror be seated on the new jury. The court held that if a trial court improperly grants the State's Batson motion, and one of the jurors is thereafter seated on the jury, then the erroneous Batson ruling has tainted the jury and prejudice is presumed. 
State v. Williams, No. 4412, is available online.

The court affirmed the trial court's grant of Piedmont Medical Center's motion for summary judgment. Snavely raised several issues on appeal. Among them, she contended that the trial court erred in granting Piedmont's motion for summary judgment based upon her lack of consent to the disclosure of her medical condition. The court found that Snavely implicitly consented to the disclosure of her medical condition by involving her relatives at every stage of her medical treatment and the trial court properly granted both Piedmont's motion for summary judgment and Dr. Zellner's motion for dismissal. 
Snavely v. AMISUB of S.C., Inc., No. 4413, is available online. 

June 16, 2008
The Supreme Court affirmed the lower court's order awarding respondent $27,364.31 against appellant for fees and expenses incurred in pursuing sanctions and defending a suit alleging causes of action for negligence, conversion, breach of contract, breach of contract accompanied by a fraudulent act and constructive trust. Appellant raised two issues on the appeal of this award: 1) whether the suit against respondent was frivolous because appellant had conducted insufficient investigation; and 2) whether attorney fees and expenses, which exceeded that provided for in the Frivolous Civil Proceedings Sanctions Act, should have been awarded. The Court held that the lower court did not abuse its discretion by awarding sanctions against appellant and appropriately awarded attorney fees and costs to respondent to represent the amount he incurred in seeking the sanctions.
Gregory v. Mallory, No. 26504, is available online. 

The Court affirmed the circuit court's finding that, while public information must be granted pursuant to FOIA, a public entity may restrict further commercial distribution of the information pursuant to a copyright. The issue before the Court was whether Horry County may restrict the subsequent commercial distribution of public information pursuant to the copyright law. FOIA does not prohibit the copyrighting of some specialized public information, and therefore the county may obtain copyrights, and maps can be copyright-protected to the extent it can be shown that it contains original material, research and creative compilation. Accordingly, FOIA and copyright law can be "read harmoniously," and the Horry County ordinance allowing the licensing restriction on further commercial dissemination of the GIS data did not violate FOIA. 
Seago v. Horry County, No. 26505, is available online.       

June 17, 2008
In this action seeking workers' compensation benefits for a work-related eye injury, the Court of Appeals affirmed the circuit court's order affirming an award of benefits for an 8.5 percent loss of vision. Johnson argued that the circuit court erred in interpreting regulation 67-1105 to exclude compensation for the 100 percent loss of vision in his eye. The court found no error of law in the appellate panel's decision to exclude an intraocular implant from the term "corrective lenses" in regulation 67-1105; further, the treatment that Johnson received restored him to his pre-injury condition so that he did not require assistive devices to compensate for his loss. In light of these facts, the circuit court had affirmed an award of disability benefits appropriate to Johnson's 20/30 vision.
Johnson v. Beauty Unlimited Landscape Co., No. 4414, is available online. 

Discipline
By order of June 11 the Court placed Anderson County Magistrate Michael F. Smith (not a Bar member) on interim suspension.

By order of June 12 the Court placed Howard Hammer on interim suspension.  H. Patterson McWhirter is the trustee.

Firm announcements
The Law Office of Dean B. Bell, LLC announces that Michael L. Dirnbauer has joined the firm as an associate in the firm's Hilton Head office located at 1 Corpus Christie Place, Bldg. 105, 29928. (843) 785-9772.

Buist, Byars & Taylor, LLC announces that Joe Kessinger has joined the firm as a managing associate in the firm's Charleston office located at 1951 Clements Ferry Rd., 29492. (843) 266-8310.

The Campbell Law Firm, PA announce that Suzanne R. Campbell has joined the firm as an associate located at 890 Johnnie Dodds Blvd., Ste. B, Mt. Pleasant 29464. (843) 884-6874.

Sam B. Craig announces the opening of Craig Law Firm, PLLC at 223 E. Chestnut St., Asheville, NC 28802. (828) 989-1595.

The Dorchester County DSS Legal Office has eliminated its post office box and is now accepting mail at 216 Orangeburg Rd., Summerville 29483. (843) 821-0444.

FRICKTRENT, PLLC announces that Tracy M. Frick has opened a private practice located at 727 Dilworth Ln., Ste. 201, Rock Hill 29732. (803) 324-4000.

Harris & Graves, PA announces that Edwin L. Turnage has become a partner in the firm located at 812 Laurens Rd., Greenville 29607. (864) 235-1331.

McAngus Goudelock & Courie, LLC announces that Carl Edwards has relocated to the Charleston office located at 78 Wentworth St., Ste. 200, 29401. (843) 576-2900.

Kim Anderson Ray announces the opening of Law Office of Kim Anderson Ray, LLC located at 302 Park Ave., SE, Aiken 29801. (803) 648-0797.

Law Offices of J. Van Wyck Taylor, LLC announces that Howard Wilson Taylor has become an associate of the firm located at 9225-B University Blvd., Charleston 29406. (843) 797-2291.

Willson Jones Carter and Baxley, PA announce that Shannon Till Poteat has joined the firm located at 4500 Fort Jackson Blvd., Columbia 29209. (803) 227-2883.

In memoriam
William Edwards Hancock III, 62, of Columbia, died on June 10. His obituary can be found at The State Web site.

Calendar
June 19
Family Law Section Council Meeting, Conference Call

June 20
Ethics Advisory Committee Meeting, Bar Building

June 24
Nominating Committee Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building

June 25
Building Committee Meeting, Bar Building

June 26
Access to Justice Commission Public Hearing, Spartanburg County Courthouse
Lawyers' Fund for Client Protection Committee Meeting, Conference Call

June 27
South Carolina Lawyer Editorial Board Meeting, Bar Building

Upcoming CLE opportunities
Vacation CLE in the desert!
Welcome to fabulous Las Vegas, Nevada! We are once again partnering with the North Carolina Bar Foundation for CLE programming covering estate planning, professionalism, franchising law, green development and sustainable construction and more. Join us for this fun getaway September 25-26 at the Imperial Palace Hotel and Casino in Las Vegas! For a complete program description and registration, click on the link above.

Featured live seminars
Government Law Update, Friday, June 20
Faculty: Dale R. "Bubba" Samuels, Ronald McKinney, Boyd B. "Nick" Nicholson, Robert Tyson Jr., Jay Bender, W. Ronald Bonds and Timothy Winslow

Bankruptcy Practice in the District of South Carolina, Friday, July 11
This seminar is being held at the USC Law School, Room 138--not the Auditorium.
Faculty: Suzanne Grigg, Prof. Jeffrey Morris, David Wheeler, Prof. Sydney Beckman, Hon. John Waites, J. Timothy Stack, Joseph Buzhardt, Julie Smoak, Weyman Carter and Lex Rogerson.

Real Estate Intensive Workshop, July 18-19 at Kiawah Island Resort
Register today as space is limited! Hotel reservations must be made today to guarantee availability. For more hotel information and to register click on the link above.

For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.

Teleseminars
2008 Ethics Update, Part 2, Wednesday, June 18

Valuation for Estate Planners, Tuesday, June 24

Protective Orders and Confidentiality Agreements, Thursday, June 26

For a complete listing of upcoming teleseminars, click here.  If you have any difficulty registering for these seminars, please e-mail service@webcredenza.com or call (800) 694-9747.

Seminars Direct Online is your one-stop online CLE portal, featuring a catalog of more than 100 Web-based on-demand seminars. To view the full catalog, visit www.scbar.org/seminarsdirect.

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