SC BAR

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 and Donald J. Zelenka. Participating via conference call were William D. Bilton, Barbara R. Morgan and David P. Schwacke. Representing Bar staff was Tara Smith.

 

Chairperson Grose called the meeting to order.

 

The first item of business was approval of the minutes from the March 30, 2006, meeting. Ms. Hudgins moved approval of the minutes. Ms. Morgan seconded the motion, and it was approved.

 

Next, Mr. Grose recognized Ms. Morgan for her service as Section Chair for the 2004-2005 Bar year.

 

Mr. Grose reported that he was to submit a request reiterating the Bar’s continued support of the student loan forgiveness program, along with a copy of the delegation letter to the Board of Governors for consideration at its May 19 meeting.

 

Next was discussion on the Pilot Track Docketing questionnaire. It was noted that a draft of the survey was emailed to the Council for review prior to the meeting. Mr. Grose praised Ms. Shealy for preparing the form. After continued discussion, it was the consensus of the Council to add the following question and to clarify question number five.

 

What is required to be produced at each appearance? (i.e. conflict resolution, competency evaluation)

 

Question #5: Are defendants entering an announcement plea at a court appearance?

It was noted that after the revisions were made, Mr. Grose was to prepare a cover letter and submit to Ms. Smith. The Council asked that Ms. Smith distribute the information to the Section members first and then forward to elected solicitors and chief public defenders in each circuit including those who were not members of the Section.

 

The next item of business was discussion on establishing a post conviction relief (PCR) task force to review ways to improve the system by making it more efficient for those involved in PCR cases. It was suggested that representatives from the public defenders office, the SC Department of Corrections, the SC Court Administrative office, the SC Attorney General’s office, and the SC Criminal Defense Association be included. It was noted that Sally Elliott from the SC Attorney General’s office and Ms. Coggiola had volunteered to serve.

 

It was suggested that Patton Adams be asked to serve as well. Ms. Smith was to contact the Council members who were unable to participate to ascertain whether they would like to proceed with establishing a PCR task force.

 

Next was discussion on video conferencing. Mr. Grose suggested that the Council monitor and collect data as to where and when this process was
being implemented. Mr. Grose was to contact John Mauldin to discuss further.

 

In closing, Ms. Smith distributed articles from the American Judicature Society on the effects of capital punishment on the administration of justice. Ms. Smith was asked to mail a copy of the articles to the Council members who were unable to participate and to add the issue to the agenda for the next Council meeting.

 

There being no further business, the meeting was adjourned.