Minutes March 2006
The Criminal Law Section Council met this date at the Bar building in Columbia. Participating members included Lesley M. Coggiola, E. Charles Grose, Kathrine H. Hudgins, David P. Schwacke and Jennifer K. Shealy. William D. Bilton participated via conference call. Representing the Bar staff were Tara Smith and Leah Johnson.
Chairperson Grose called the meeting to order.
The first item of business was approval of the minutes from the January 12, 2006, meeting. Mr. Schwacke moved approval of the minutes. Ms. Coggiola seconded the motion, and it was approved.
The next item of business was discussion on the student loan forgiveness program. The Council expressed an interest in sending a letter to the Congressional delegation reiterating the Bar’s continued support of the student loan forgiveness program. Ms. Johnson announced that the Bar had distributed letters a couple of years ago but that phone calls were recently made to the delegation. Mr. Grose suggested that the Council distribute another letter. Ms. Smith noted that the Council would not be able to send any correspondence on behalf of the Section without the consent of the Board of Governors. She suggested that the Council submit a request to the Board for consideration at its April 13 meeting. It was noted that if Mr. Grose was unable to attend the Board meeting, that Ms. Coggiola would participate in his absence.
Mr. Grose announced that he had obtained the Section’s 2001 financial assistance research notebook and was to leave it with Ms. Smith if anyone was interested in reviewing.
Next was discussion on the Pilot Track Docketing questionnaire. It was reported that Ms. Hudgins and Ms. Shealy continued to collect administrative orders and gather additional information. Ms. Hudgins announced that she had contacted Scott Hayes for further assistance. It was noted that a draft of the questionnaire was to be emailed to the Council for review. Mr. Grose asked that the final version be submitted by April 15. After continued discussion, it was the consensus of the Council to include questions regarding timing issues, discovery, solicitor participation at hearings, prelim hearings, etc. Mr. Zelenka moved that the Pilot Track Docketing questionnaire be distributed to the Section membership and to elected solicitors and chief public defenders in each circuit including those who were not members of the Section. Mr. Schwacke seconded the motion, and it was approved.
The next item of business was discussion on the American Criminal Justice Association Annual Career Fair. Mr. Grose announced that the event was scheduled for April 11, 2006, at USC in Columbia and that the association had asked if the Section was interested in participating by purchasing booth space. After a brief discussion, Ms. Smith was directed to send a letter declining the offer.
Next, Ms. Shealy asked the Council for its comments concerning video conferencing including whether the Council should further review the process. Mr. Grose asked that Ms. Smith add this issue to the May agenda.
Next was discussion on post conviction relief (PCR) cases. The Council expressed its desire to improve the PCR system. After continued discussion, Mr. Grose suggested establishing a task force for further review. Representatives from the S.C. Department of Corrections, the S.C. Court Administration office, and the S.C. Attorney General’s office and various private attorneys would be sought. Mr. Zelenka suggested that the task force be limited to approximately five participants.
It was announced that the next Council meeting was scheduled for 12:00 noon on Thursday, May 11, at the Bar building.
There being no further business, the meeting was adjourned.