Minutes November 2006

Criminal Law Section Council Meeting Minutes
November 2, 2006


The Criminal Law Section Council met on November 2, 2006, at the Bar building. Participating members included William Bilton, Stacey D. Haynes, W. Michael Hemlepp Jr., Kathrine H. Hudgins, C. Kelly Jackson, Barbara Morgan, David Schwacke and Donald J. Zelenka. Representing the Bar staff were Tara Smith and Bob Wells.
 
Chairperson Schwacke called the meeting to order.
 
The first item of business was approval of the minutes from the August 17, 2006, meeting. Ms. Morgan moved approval of the minutes. Mr. Zelenka seconded the motion, and it was approved.
 
The next item of business was discussion on the FY2007-2008 Council nominations. It was noted that the position of Secretary and two Council member seats were vacant. It had been previously reported that Mr. Zelenka was nominated to serve as a Council member for a second term. Ms. Smith announced that Mr. Zelenka was not eligible to serve a second term, in accordance with the Section bylaws. It was reported that Susan Hackett had expressed interest in serving on the Council. Ms. Hudgins moved that Ms. Hackett fill the vacant Council seat, term expiring in 2010. Mr. Zelenka seconded the motion, and it was approved. Mr. Bilton moved that Patton Adams fill the other vacant Council seat, term expiring in 2010. Mr. Jackson seconded the motion, and it was approved. The following slate of officers and Council members were adopted for the 2007-2008 Bar year:
 
Officers
Chairperson: William D. Bilton
Chairperson-Elect: W. Michael Hemlepp Jr.
Vice Chairperson: Harold “Trey” Gowdy III
Secretary: Katherine H. Hudgins
Section Delegate: E. Charles Grose
Immediate Past Chairperson: David P. Schwacke
 
Council Members
Jennifer K. Shealy (expiring 2008)
C. Kelly Jackson (expiring 2008)
Stacey D. Haynes (expiring 2009)
Lesley Coggiola (expiring 2009)
T. Patton Adams IV (expiring 2010)
Susan Hackett (expiring 2010)
 
Next was discussion on the Pilot Track Docketing questionnaire. It was noted that the survey was distributed to Section members, elected solicitors, chief public defenders and non-Section members. Ms. Smith reported that the deadline for returning the survey was November 14, and that she had received approximately 30 completed questionnaires. A copy of the survey results was distributed to the Council members for review. 
 
After discussion, the Council expressed desire to approach the Senate Task Force on Criminal Justice and legislators regarding its interest in any proposed changes to the docketing rules. Mr. Wells indicated that the docketing system was one major issue being reviewed by the task force and suggested that the Council submit a request to the Board of Governors for consideration at its November 16, meeting. Mr. Wells noted that he would ask that the Bar President, Brad Waring, inform the task force of the Section’s interest. Mr. Schwacke was to prepare a request and submit it to Ms. Smith before November 13. It was suggested that JJ Gentry staff counsel to the SC Senate Judiciary Committee, be invited to attend the next Council meeting to discuss the matter further.
 
Next, Mr. Bilton reported that the National District Attorneys Association (NDAA) was offering to amend the federal Loan forgiveness program to the John R. Justice loan forgiveness program. He announced that he had compiled information and obtained copies of loan forgiveness programs in various states. Mr. Bilton noted that he and Senator David Thomas would continue to push the bill on the state level.
 
There being no further business, the meeting was adjourned.