E-Blast
E-Blast Archives
CLE-Blast Archives
If you have trouble viewing this page, visit www.scbar.org/eblast.
To be added or deleted from the E-Blast mailing list, e-mail ljackson@scbar.org.
To follow the Bar on Twitter, visit twitter.com/scbar.
For up-to-date 2010 South Carolina Bar Convention information, visit www.scbar.org/convention.
Welcome to the South Carolina Bar's E-Blast!
November 5, 2009
E-Blast highlights upcoming activities, legal information and link 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.
JMSC nominates judicial candidates
The Judicial Merit Selection Commission has nominated the following candidates for judicial positions: Family Court, Second Judicial District, Seat 1: Dennis M. Gmerek and Vicki Johnson Snelgrove; Family Court, Fifth Judicial Circuit, Seat 4: DeAndrea Gist Benjamin, Stevens B. Elliot and Gwendlyne Young Smalls; Family Court, Seventh Judicial Circuit, Seat 1: Phillip K. Sinclair; Family Court, Seventh Judicial Circuit, Seat 3: Hon. Usha J. Bridges; Family Court, 13th Judicial Circuit, Seat 2: Catherine Carr Christophillis, Harry L. "Don" Phillips Jr. and William Marsh Robertson; Family Court, 16th Judicial Circuit, Seat 2: Hon. David Glenn Guyton, Tony Miller Jones and Angela M. Killian; and Administrative Law Court, Seat 6: Latonya Dilligard Edwards, S. Phillip Lenski and Lee W. Zimmerman. To view the full list of nominations, click here.
Ellen Hines Smith Award nominations
The Ellen Hines Smith Award nominations are now open! The award is given to a Bar member who is employed as an LSC grantee program lawyer, has demonstrated long-term commitment to legal services and has personally done significant work in extending legal services to the poor. Click here for the nomination form with instructions. Nominations will remain open until November 15. The winner will be decided by a joint awards committee of the S.C. Bar Foundation and S.C. Access to Justice Commission. The award will be jointly presented at the S.C. Bar Foundation Gala on March 11, 2010, so be sure to save the date!
Substance abuse and ethics seminar
The 2009 Judges & Attorneys Substance Abuse and Ethics Seminar will be held Friday, December 4, from 8 a.m. to 4 p.m. at the MUSC Institute of Psychiatry Auditorium in Charleston. This one-day seminar brings together some of the best scientific and legal minds in our state to present the latest information available on substance abuse and related mental health problems and how the legal system deals with them. The goal is to provide attendees with information to help both personally and professionally in dealing with the difficult issues of alcohol and drug abuse and other mental health issues. The seminar costs $135 and is available for 6.5 hours of CLE credit. For more information, visit www.muschealth.com/psychevents or call (843) 792-0175. This seminar is presented by the MUSC Department of Psychiatry & Behavioral Sciences and co-sponsored by the Bar's Lawyers Helping Lawyers Program and the S.C. Department of Mental Health.
S.C. Access to Justice Commission is online!
Follow the S.C. Access to Justice Commission on Twitter, Facebook or on its blog to learn more about statewide initiatives to expand and enhance legal services to South Carolinians with low income or of modest means.
Advance Sheet update
November 4, 2009
The Court of Appeals re-filed an earlier opinion regarding the Sexually Violent Predator Act's requirement that the State hold a hearing within 60 days after the court finds probable cause that a person should be committed as a sexually violent predator (SVP). In this case, Miller appealed the trial court's denial of his motion to dismiss after a hearing was not held within the requisite 60-day period. Miller argued that the Act allowed for a continuance only upon request of either party, good cause had been shown, and if the defendant would not be substantially prejudiced. The court affirmed, holding that the trial court met the requirements for conducting Miller's civil commitment trial outside the requisite period. In the re-filed opinion, the court rephrased the language of its opinion from refusing to establish a bright line rule requiring the reversal of an SVP commitment "when a sentence is prolonged" to refusing to require a reversal "when an individual is detained past his release date."
In re Miller, No. 4618, is online.
November 5, 2009
With regard to Governor Sanford's ethics investigation currently pending before the State Ethics Commission (Commission), the Supreme Court was asked to decide whether the Governor or the Speaker of the House met the requirements for the issuance of a writ of mandamus and whether a letter from the Governor to the Commission constituted a complete waiver of the confidentiality provision of the Ethics Act, S.C. Code Ann. Section 8-13-320(10)(g). First, the Court found that neither the Governor nor the Speaker met the requirements for a writ of mandamus because the provision of the Ethics Act on which the Governor and the Speaker relied to compel performance contained no ministerial act to be performed by the Commission and because both parties had other legal remedies available to them. With regard to the second issue, the Court held that the Governor’s letter constituted a complete waiver of his right to confidentiality. Therefore, the Court ruled that the waiver extended to all documents to which the Governor will be entitled upon completion of the ethics investigation. However, in order to protect the Commission’s ability to thoroughly investigate a complaint, the Court held that the waiver did not extend to the Commission’s work product and internal investigative process.
Sanford v. S.C. State Ethics Comm'n, No. 26741, is online.
Justice Pleicones concurred in a separate opinion.
Discipline
By order of November 4 the Court imposed a 90-day suspension on George A. Harper, retroactive to March 31, based upon his guilty plea to willful failure to file a state income tax return and failure to pay taxes.
Calendar
November 6
New House Member Orientation meeting, Web meeting
November 10
Administrative and Regulatory Law Committee meeting, Conference Call
November 11
YLD Long Range Planning Committee meeting, Conference Call
YLD Nominating Committee meeting, Bar Building
November 12
Health Care Law Section Council meeting, Conference Call
November 13
Elder Law Committee meeting, Conference Call
November 17
Consumer Law Section Council meeting, Conference Call
November 18
Real Estate Practices Section Council meeting, Bar Building
November 19
Board of Governors meeting, Bar Building
Family Law Section Council meeting, Bar Building
November 20
Practice and Procedure Committee meeting, Richardson, Plowden and Robinson, Columbia
Probate, Estate Planning and Trust Section Council meeting, Conference Call
Upcoming seminars
South Carolina Income Tax and Economic Tax Incentives, Tuesday, November 10
Faculty: Robert Baldwin, Jennifer Davis, John von Lehe Jr., C.E. (Ed) Poore Jr. and Hon. Ray Stevens
2009 South Carolina Tort Law Update, Friday, November 13
Faculty: Prof. Gregory Adams, William Davidson II, Prof. Robert Felix, Harry Goldberg, Prof. Brant Hellwig, Prof. F. Patrick Hubbard, William Padget, Hon. Costa Pleicones and Prof. Stephen Spitz
Please note: The Florence-Poynor Adult Education satellite location has been canceled.
For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.
Publication offerings
New releases
The Law of Automobile Insurance in South Carolina, Sixth Edition by Lee P. Jedziniak, Burnet R. Maybank III, Gwendolyn F. McGriff, E. Scott Moise, Vernon R. Sumwalt Jr. and M. Scott Taylor
Child Support: Representing the Non-Custodial Parent by Robert W. Rushing Jr.
South Carolina Foreclosure Law Manual, Second Edition by Susan B. Berkowitz, Hon. S. Jackson Kimball, Peter D. Korn, David A. Maxfield, Mary R. Powers and J. Pamela Price
Other offerings
South Carolina Damages, Second Edition edited by James L. Ward Jr. and Edward J. Westbrook
A Guide to South Carolina Legal Research and Citation, Second Edition by Paula Gail Benson
The Scrivener, Third Edition by E. Scott Moise and Prof. Thomas R. Haggard
Coming soon!
Service of Process in South Carolina, Second Edition by John S. Nichols
South Carolina Taxation and Economic Tax Incentives, 2009 Cumulative Supplement by John C. von Lehe Jr. and Jennifer W. Davis
The South Carolina Law of Torts 2009 Cumulative Supplement by Prof. F. Patrick Hubbard and Prof. Robert L. Felix
For a complete listing or to order CLE publications, click here.
Seminars Direct Online
New releases
2009 Master-In-Equity Bench/Bar
2009 Probate Case Law and Legislative Update
"Back to the Future" Employment Laws in 2009 and Ahead
Family Law Ethics from the Preschool Perspective
Beyond the Elements II
Common Issues Facing Accountants and Lawyers in the Current Business Economy
Consumer Scams that Target the Elderly
The Family Law Trial Notebook
A full listing of more than 100 Seminars Direct Online can be found at www.scbar.org/seminarsdirect.
Teleseminars
Family Limited Partnership Update, Part 1, Tuesday, November 10
Family Limited Partnership Update, Part 2, Wednesday, November 11
For a complete listing of upcoming teleseminars, visit www.scbar.org/teleseminars. If you have any difficulty registering for these teleseminars, please e-mail service@webcredenza.com or call 1-800-694-9747.
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South Carolina Bar
950 Taylor Street Columbia, South Carolina 29201
tel.803.799.6653 | fax.803.799.4118 | scbar-info@scbar.org
E-Blast Archives
CLE-Blast Archives
If you have trouble viewing this page, visit www.scbar.org/eblast.
To be added or deleted from the E-Blast mailing list, e-mail ljackson@scbar.org.
To follow the Bar on Twitter, visit twitter.com/scbar.
For up-to-date 2010 South Carolina Bar Convention information, visit www.scbar.org/convention.
Welcome to the South Carolina Bar's E-Blast!
November 5, 2009
E-Blast highlights upcoming activities, legal information and link 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.
JMSC nominates judicial candidates
The Judicial Merit Selection Commission has nominated the following candidates for judicial positions: Family Court, Second Judicial District, Seat 1: Dennis M. Gmerek and Vicki Johnson Snelgrove; Family Court, Fifth Judicial Circuit, Seat 4: DeAndrea Gist Benjamin, Stevens B. Elliot and Gwendlyne Young Smalls; Family Court, Seventh Judicial Circuit, Seat 1: Phillip K. Sinclair; Family Court, Seventh Judicial Circuit, Seat 3: Hon. Usha J. Bridges; Family Court, 13th Judicial Circuit, Seat 2: Catherine Carr Christophillis, Harry L. "Don" Phillips Jr. and William Marsh Robertson; Family Court, 16th Judicial Circuit, Seat 2: Hon. David Glenn Guyton, Tony Miller Jones and Angela M. Killian; and Administrative Law Court, Seat 6: Latonya Dilligard Edwards, S. Phillip Lenski and Lee W. Zimmerman. To view the full list of nominations, click here.
Ellen Hines Smith Award nominations
The Ellen Hines Smith Award nominations are now open! The award is given to a Bar member who is employed as an LSC grantee program lawyer, has demonstrated long-term commitment to legal services and has personally done significant work in extending legal services to the poor. Click here for the nomination form with instructions. Nominations will remain open until November 15. The winner will be decided by a joint awards committee of the S.C. Bar Foundation and S.C. Access to Justice Commission. The award will be jointly presented at the S.C. Bar Foundation Gala on March 11, 2010, so be sure to save the date!
Substance abuse and ethics seminar
The 2009 Judges & Attorneys Substance Abuse and Ethics Seminar will be held Friday, December 4, from 8 a.m. to 4 p.m. at the MUSC Institute of Psychiatry Auditorium in Charleston. This one-day seminar brings together some of the best scientific and legal minds in our state to present the latest information available on substance abuse and related mental health problems and how the legal system deals with them. The goal is to provide attendees with information to help both personally and professionally in dealing with the difficult issues of alcohol and drug abuse and other mental health issues. The seminar costs $135 and is available for 6.5 hours of CLE credit. For more information, visit www.muschealth.com/psychevents or call (843) 792-0175. This seminar is presented by the MUSC Department of Psychiatry & Behavioral Sciences and co-sponsored by the Bar's Lawyers Helping Lawyers Program and the S.C. Department of Mental Health.
S.C. Access to Justice Commission is online!
Follow the S.C. Access to Justice Commission on Twitter, Facebook or on its blog to learn more about statewide initiatives to expand and enhance legal services to South Carolinians with low income or of modest means.
Advance Sheet update
November 4, 2009
The Court of Appeals re-filed an earlier opinion regarding the Sexually Violent Predator Act's requirement that the State hold a hearing within 60 days after the court finds probable cause that a person should be committed as a sexually violent predator (SVP). In this case, Miller appealed the trial court's denial of his motion to dismiss after a hearing was not held within the requisite 60-day period. Miller argued that the Act allowed for a continuance only upon request of either party, good cause had been shown, and if the defendant would not be substantially prejudiced. The court affirmed, holding that the trial court met the requirements for conducting Miller's civil commitment trial outside the requisite period. In the re-filed opinion, the court rephrased the language of its opinion from refusing to establish a bright line rule requiring the reversal of an SVP commitment "when a sentence is prolonged" to refusing to require a reversal "when an individual is detained past his release date."
In re Miller, No. 4618, is online.
November 5, 2009
With regard to Governor Sanford's ethics investigation currently pending before the State Ethics Commission (Commission), the Supreme Court was asked to decide whether the Governor or the Speaker of the House met the requirements for the issuance of a writ of mandamus and whether a letter from the Governor to the Commission constituted a complete waiver of the confidentiality provision of the Ethics Act, S.C. Code Ann. Section 8-13-320(10)(g). First, the Court found that neither the Governor nor the Speaker met the requirements for a writ of mandamus because the provision of the Ethics Act on which the Governor and the Speaker relied to compel performance contained no ministerial act to be performed by the Commission and because both parties had other legal remedies available to them. With regard to the second issue, the Court held that the Governor’s letter constituted a complete waiver of his right to confidentiality. Therefore, the Court ruled that the waiver extended to all documents to which the Governor will be entitled upon completion of the ethics investigation. However, in order to protect the Commission’s ability to thoroughly investigate a complaint, the Court held that the waiver did not extend to the Commission’s work product and internal investigative process.
Sanford v. S.C. State Ethics Comm'n, No. 26741, is online.
Justice Pleicones concurred in a separate opinion.
Discipline
By order of November 4 the Court imposed a 90-day suspension on George A. Harper, retroactive to March 31, based upon his guilty plea to willful failure to file a state income tax return and failure to pay taxes.
Calendar
November 6
New House Member Orientation meeting, Web meeting
November 10
Administrative and Regulatory Law Committee meeting, Conference Call
November 11
YLD Long Range Planning Committee meeting, Conference Call
YLD Nominating Committee meeting, Bar Building
November 12
Health Care Law Section Council meeting, Conference Call
November 13
Elder Law Committee meeting, Conference Call
November 17
Consumer Law Section Council meeting, Conference Call
November 18
Real Estate Practices Section Council meeting, Bar Building
November 19
Board of Governors meeting, Bar Building
Family Law Section Council meeting, Bar Building
November 20
Practice and Procedure Committee meeting, Richardson, Plowden and Robinson, Columbia
Probate, Estate Planning and Trust Section Council meeting, Conference Call
Upcoming seminars
South Carolina Income Tax and Economic Tax Incentives, Tuesday, November 10
Faculty: Robert Baldwin, Jennifer Davis, John von Lehe Jr., C.E. (Ed) Poore Jr. and Hon. Ray Stevens
2009 South Carolina Tort Law Update, Friday, November 13
Faculty: Prof. Gregory Adams, William Davidson II, Prof. Robert Felix, Harry Goldberg, Prof. Brant Hellwig, Prof. F. Patrick Hubbard, William Padget, Hon. Costa Pleicones and Prof. Stephen Spitz
Please note: The Florence-Poynor Adult Education satellite location has been canceled.
For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.
Publication offerings
New releases
The Law of Automobile Insurance in South Carolina, Sixth Edition by Lee P. Jedziniak, Burnet R. Maybank III, Gwendolyn F. McGriff, E. Scott Moise, Vernon R. Sumwalt Jr. and M. Scott Taylor
Child Support: Representing the Non-Custodial Parent by Robert W. Rushing Jr.
South Carolina Foreclosure Law Manual, Second Edition by Susan B. Berkowitz, Hon. S. Jackson Kimball, Peter D. Korn, David A. Maxfield, Mary R. Powers and J. Pamela Price
Other offerings
South Carolina Damages, Second Edition edited by James L. Ward Jr. and Edward J. Westbrook
A Guide to South Carolina Legal Research and Citation, Second Edition by Paula Gail Benson
The Scrivener, Third Edition by E. Scott Moise and Prof. Thomas R. Haggard
Coming soon!
Service of Process in South Carolina, Second Edition by John S. Nichols
South Carolina Taxation and Economic Tax Incentives, 2009 Cumulative Supplement by John C. von Lehe Jr. and Jennifer W. Davis
The South Carolina Law of Torts 2009 Cumulative Supplement by Prof. F. Patrick Hubbard and Prof. Robert L. Felix
For a complete listing or to order CLE publications, click here.
Seminars Direct Online
New releases
2009 Master-In-Equity Bench/Bar
2009 Probate Case Law and Legislative Update
"Back to the Future" Employment Laws in 2009 and Ahead
Family Law Ethics from the Preschool Perspective
Beyond the Elements II
Common Issues Facing Accountants and Lawyers in the Current Business Economy
Consumer Scams that Target the Elderly
The Family Law Trial Notebook
A full listing of more than 100 Seminars Direct Online can be found at www.scbar.org/seminarsdirect.
Teleseminars
Family Limited Partnership Update, Part 1, Tuesday, November 10
Family Limited Partnership Update, Part 2, Wednesday, November 11
For a complete listing of upcoming teleseminars, visit www.scbar.org/teleseminars. If you have any difficulty registering for these teleseminars, please e-mail service@webcredenza.com or call 1-800-694-9747.
RSS 2.0 | Back to Top
South Carolina Bar
950 Taylor Street Columbia, South Carolina 29201
tel.803.799.6653 | fax.803.799.4118 | scbar-info@scbar.org