Minutes March 2007

Criminal Law Section Council Meeting Minutes
March 28, 2007


The Criminal Law Section Council met this date at the Bar building. Participating members included William D. Bilton, Lee Coggiola, Stacey D. Haynes, Kathrine Hudgins, C. Kelly Jackson and David Schwacke. Participating via conference call included E. Charles Grose, W. Michael Hemlepp, Jr. and Barbara Morgan. Representing Bar staff was Tara Smith.
 
Chairperson Schwacke called the meeting to order.
 
The first item of business was approval of the minutes from the December 18, 2006, meeting. The following statements were amended:
 
Mr. Bilton announced that he would distribute them during the National District Attorneys Association (NDAA) Conference SC Solicitors Association Meeting in January.
 
Next was discussion on the Student Loan Forgiveness program. Mr. Bilton reported that he along with representatives from the Senate Finance Committee, the House Ways & Means Committee, the Indigent Defense Committee, the Attorney General’s office, the State Budget & Control Board, the Human Resources Management Office and the Bar had met to discuss the establishment of a state student loan forgiveness program. He noted that Senator Leatherman had expressed interest but requested additional information to determine how to structure a program. After discussion, the Council it was suggested that a survey be distributed to gather additional information such as the number of outstanding loans, the loan amount, job status, and salary. The Human Resource Management Office was to distribute the survey and compile the data. Mr. Bilton reported that the survey would be distributed this date with a submission deadline of January 8, 2007.  He was to review the results of the survey at the next Council meeting.
 
Next was discussion on Section participation at the NDAA Capital Conference. The Council asked if the Bar would fund Section representatives to attend the conference. Ms. Smith was to research and forward her findings to the Council.
 
Mr. Schwacke moved approval of the minutes as amended. The motion was seconded, and it was approved.
 
The next item of business was discussion on the proposed amendments to the SC Rules of Evidence. The Bar’s Practice & Procedures Committee has asked for input from the Section regarding proposed amendments to 414 Federal, 404 SC. Was not sure all could come to consensus. Table discussions until the next meeting. Mr. Schwacke was to contact William Brown and report back.
 
Next, Mr. Bilton provided a brief overview of the survey results from the Student Loan Forgiveness. A copy of the results were distributed to the Council.
 
Disparity in the Setting of Bonds – Ms. Coggiola distributed request from Orin Briggs re disparity in bail bonds. Includes articles, orders, etc. Wanted to bring to the Councils attention. May review and make recommendations at a later date.
 
There being no further business, the meeting was adjourned.