The House met on January 19, 2017, at the Hyatt Regency Hotel in Greenville. Present were: Richard Whitney Allen; Samuel K. Allen; Daniel Joseph Ballou; J. Leeds Barroll, IV; Samuel Robert Bass, II; Sara Pendarvis Bazemore; Mark S. Berglind; Susan B. Berkowitz; J. Steedley Bogan; Brittany F. Boykin; James Edward Bradley; Robin A. Braithwaite; Wendell Lawrence Brown; Christopher W. Burrows; Beverly A. Carroll; George B. Cauthen; Mark Dale Chappell; Randall L. Charpia; Amie L. Clifford; M. Dawes Cooke, Jr.; Daniel West Cooper; Lee Deer Cope; Leslie A. Cotter, Jr.; Stephen M. Cox; John Vernon Steensen Crangle; William Carey Crantford; Charles Harmon Crawford, III; Elise Freeman Crosby; Andrew Scott Culbreath; W. Kyle Dillard; Daniel L. Draisen; Rhett C. Dunaway; Anne S. Ellefson; John D. Elliott; Eric K. Englebardt; Frank L. Eppes; Stinson Woodward Ferguson; Allen O. Fretwell; Kenneth S. Generette; C. Allen Gibson, Jr.; Bernadette Shawan Gillians; Robert Fredrick Goings; Harry L. Goldberg; Jack D. Griffeth; William B. Harvey, III; Daryl G. Hawkins; Anne Marie Hempy; Sean Joseph Hinton; Jason Michael Imhoff; Russell Thomas Infinger; Jacob H. Jennings; Daniel Edward Johnson; Lindsay Anne Joyner; Catherine H. Kennedy; Hon. Howard P. King; Edwin Thompson Kinney; Arial Burnside Kirk; Wes A. Kissinger; Christopher R. Koon; Lanneau Wm. Lambert, Jr.; LeRoy Free Laney; Angus H. Macaulay; John Lucius McCants; Kathleen McColl McDaniel; J. Edwin McDonnell; John O. McDougall; David B. Miller; Julie Jeffords Moose; Catherine Elizabeth Mubarak; Randall K. Mullins; Ivory L. Narcisse; Adam Christopher Ness; Irish Ryan Neville; William M. O’Bryan, Jr.; Cynthia Hall Ouzts; James Graham Padgett, III; James C. Parham, Jr.; Alice F. Paylor; Jason P. Peavy; Dayne C. Phillips; Richard A. Phinney; Ross Buchanan Plyler; Sheally Venus Poe; Benjamin R. Pogue, III; Jeremy Poindexter; Ashlin Blanchard Potterfield; A. Marvin Quattlebaum, Jr.; Marie-Louise Ramsdale; Pamela Jane Roberts; Pamela DeFanti Robinson; John Edward Roxon; Martha Kent Runey; Dowse Bradwell Rustin, IV; Carmelo Barone Sammataro; Stephen T. Savitz; Mary Elizabeth Sharp; Reid T. Sherard; Jane Opitz Shuler; Mary Amanda Harrelson Shuler; Lana H. Sims, Jr.; Lisa Lee Smith; Michael Benjamin Smith; Joshua D. Spencer; Christian Giresi Spradley; Megan Finch Stevens; Randell Croft Stoney, III; Hal M. Strange; Fred W. Suggs, Jr.; Jason F. Taylor; David L. Tedder; William R. Thomas; John Hagood Tighe; Samuel Barton Tooker; Matthew N. Tyler; Robert E. Tyson, Jr.; Regina Bechtler Ward; Elizabeth H. Warner; J. Calhoun Watson; Dean Robert M. Wilcox; Donald B. Wildman; Marguerite S. Willis; Mitchell Willoughby; William M. Wilson, III; William K. Witherspoon; Patrick Coleman Wooten; and Clinton Joseph Yarborough.
Guests present were: Kathyrn C. DeAngelo; Hon. J. Mark Hayes, II; J. René Josey; Douglas B. O’Neal; Michael J. Virzi and Harvey M. Watson, III.
Representing the Bar staff were: Warren Holland; Leah G. Johnson; Charmy Medlin; Jill C. Rothstein; Jason Stokes; Leigh G. Thomas; and Robert S. Wells.
The Chair called the meeting to order. A quorum was declared present. Mr. McDougall moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved. A motion was made to adopt the agenda. The motion was seconded, and it was approved.
A motion was made to approve the Consent Agenda - approval of the minutes of the May, 19, 2016, meeting; receipt of November Financial Statements; request from the Fee Disputes Board for rule changes and notification of the Bar’s position on alimony reform. Mr. Cal Watson moved to approve the Consent Agenda. The motion was seconded, and it was approved.
Judge Hayes recognized the 2016 Law Day Essay Contest winner, Broughton Royce Hatcher of Central High School.
Under report of the President, Mr. Witherspoon stated that the Bar was in the second year of its three year strategic plan and noted the launching of a new Bar website and new Bar logo. He provided updates on the Guardian ad Litem and Vulnerable Adult Task Forces, the Pro Bono Program, CLE offerings, the Board’s meeting with local bars and member benefits. In closing he recognized Bar members who had recently received awards.
Mr. Josey provided an update on the activities of the Bar Foundation.
Mr. Harvey Watson presented a request from the Professional Responsibility Committee to amend Rule 5.1, SCRPC, providing a cross reference to Rule 34 of the SC Rules of Lawyer Disciplinary Enforcement. Discussion ensued on supervisory responsibility. Ms. Clifford moved approval of the request. The motion was seconded, and it was approved.
Mr. Virzi presented a request from the Professional Responsibility Committee to amend Rule 13 of the SC Rules for Lawyer Disciplinary Enforcement to add clarification that immunity applies only to civil suit and not to disciplinary action. Mr. Bogan moved approval of the request. The motion was seconded, and it was approved.
Mr. Bogan presented a request from the Professional Responsibility Committee to oppose ABA-proposed Rule 8.4(g), SCRCP, as written. Mr. Bogan moved to adopt the Committee’s recommendation and to advise the Court of the Bar’s position by forwarding the memorandum. The motion was seconded. Mr. Elliott moved to table consideration of the matter. The motion was seconded. Mr. Wildman and Mr. Tedder queried whether a motion to table required a definite rescheduling. The Chair ruled that it did not. The motion to table failed.
Ms. Willis requested a roll call vote on the main motion. Ms. Clifford stated that she was not in favor of sending the memorandum as drafted and moved to amend the main motion to request that the Court not approve 8.4(g) as written and have a public hearing and comment period. The motion was seconded. Mr. Cox queried whether the ABA proposal would provide clarity and definition in an otherwise vague Civility Oath. Mr. Bogan responded that the Supreme Court had addressed the Civility Oath and that the Committee had discussed the issue. Mr. Barroll opined that it was important to send the Committee’s memorandum to the Court because it provided the rationale for opposing the ABA’s proposal. Mr. Virzi stated that the Committee overwhelmingly opposed the ABA-proposed 8.4(g) as written but that their reasons for opposing were very different. He opined that the memo should not be sent to the Court because doing so would imply that the Bar supported all of the rationale provided in the memo and that was not the case. Mr. Hawkins spoke in favor of Ms. Clifford’s motion. The motion to amend was approved. Ms. Willis withdrew her request for a roll call vote. Mr. Savitz opined that the Committee’s memorandum should be included and moved to amend Ms. Clifford’s motion by adding “and send the Committee’s memorandum to the Supreme Court.” The Chair ruled Mr. Savitz’s motion out of order, noting that the proposed amendment would return the motion to its original form. The main motion as amended was approved.
Ms. DeAngelo and Mr. O’Neal presented a request from the Elder Law Committee and the Probate, Estate and Planning and Trust Section to propose legislation in response to the holding in Fabian v. Lindsay. Ms. DeAngelo reviewed two legislative proposals; one aggressive and one moderate. Mr. Mullins moved approval of the aggressive draft. The motion was seconded. Mr. Hawkins spoke against the motion. The motion failed. Ms. Ward moved approval of the moderate draft. The motion was seconded, and it was approved.
Ms. Moose presented a request to amend Rule 410(h)(1)(F), SCACR, to make Federal Administrative Law Judges outside of South Carolina eligible for Administrative Law Judge status and moved approval. The motion was seconded, and it was approved.
Ms. Carroll presented amendments to the Bar Constitution and Bylaws clarifying that electronic balloting may be used, recognizing the Court’s addition of Workers’ Compensation Commission (lawyer) members, and reflecting the addition of Military Spouse Attorney members and their privileges. She moved approval of the amendments. The motion was seconded, and it was approved by more than two thirds of the members voting.
Debbie Whittle Durbin and J. René Josey were nominated for reappointment and Lucas J. Asper and Ellen S. Cheek were nominated for appointment to the Commission on CLE and Specialization. The nominees were to be presented to the Court.
There being no further business, the meeting was adjourned.
President Witherspoon convened a meeting of the Assembly and declared a quorum was present. He invited agenda items.
Mr. Witherspoon moved to approve the proposed Constitutional amendment. The motion was seconded and approved by more than two thirds of the members voting.
The Assembly was adjourned.