The House met on May 19, 2016, at the SC Bar Conference Center in Columbia. Present were: Daniel Joseph Ballou; A. Parker Barnes III; J. Leeds Barroll IV; Samuel Robert Bass II; Shaheena R. Bennett; Mark S. Berglind; Susan B. Berkowitz; J. Steedley Bogan; James Edward Bradley; M. Malissa Burnette; George P. Callison Jr.; Michael S. Cashman; George B. Cauthen; Nicholas J. Clekis; Amie L. Clifford; M. Dawes Cooke Jr.; Lee Deer Cope; Leslie A. Cotter Jr.; John Vernon Steensen Crangle; Robert Scott Dover; Daniel L. Draisen; Martin S. Driggers Jr.; Rhett C. Dunaway; Anne S. Ellefson; John D. Elliott; Eric K. Englebardt; Stinson Ferguson; Michele Patrao Forsythe; Allen O. Fretwell; Rosalyn Woodson Frierson; Debra J. Gammons; Kenneth S. Generette; C. Allen Gibson Jr.; Robert Fredrick Goings; Harry L. Goldberg; Thomas R. Gottshall; W. Andrew Gowder Jr.; Elizabeth Van Doren Gray; Jack D. Griffeth; Sean Joseph Hinton; Cecil Kelly Jackson; Meliah Bowers Jefferson; Zandra L. Johnson; D. Michael Kelly; Catherine H. Kennedy; Francis B.B. Knowlton; Christopher R. Koon; Lanneau Wm. Lambert Jr.; Adam Brooks Landy; LeRoy Free Laney; James Grant Long III; Angus H. Macaulay; John Lucius McCants; J. Edwin McDonnell; John O. McDougall; Ian Douglas McVey; Joseph S. Mendelsohn; Kirby Rakes Mitchell; John Richard Moorman; Julie Jeffords Moose; John Hammond Muench; C. Tyson Nettles; Irish Ryan Neville; Stephanie Anne Nye; Cynthia Hall Ouzts; James Graham Padgett III; Anne Louise Peterson; Thomas Blaine Pleming; Ross Buchanan Plyler; Sheally Venus Poe; Andrew Troy Potter; Ashlin Blanchard Potterfield; William O. Pressley Jr; Marie-Louise Ramsdale; Robert Douglas Robbins; Pamela Jane Roberts; John Edward Robinson; John Edward Roxon; Martha Kent Runey; Nancy Doherty Sadler; Stephen T. Savitz; Mary Elizabeth Sharp; Jane Opitz Shuler; Mary Amanda Harrelson Shuler; Lisa Lee Smith; Michael Benjamin Smith; Henry B. Smythe Jr.; Carl L. Solomon; Christian Giresi Spradley; Wesley Alexander Stoddard; Hal M. Strange; Fred W. Suggs Jr.; David L. Tedder; Carmen Harper Thomas; John Hagood Tighe; Thomas S. Tisdale, Jr.; Samuel Barton Tooker; Matthew N. Tyler; Robert E. Tyson Jr.; Bradish J. Waring; J. Calhoun Watson; Robert M. Wilcox; Donald B. Wildman; William Marvin Wilson III; William K. Witherspoon; David Whitten Wolf and Patrick Coleman Wooten.
Guests present were Keith Babcock, Andrew Cole, Margaret Day, Walter Dusky, Thomas Pendarvis and Sarah St. Onge.
Representing the Bar staff were: Cindy A. Coker, Jeremy Frazier, Leah G. Johnson, Charmy Medlin; Jill C. Rothstein; Jason Stokes; Leigh G. Thomas and Robert S. Wells.
Chair Steedley Bogan called the meeting to order. A quorum was declared present.
Mr. Lambert moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.
Mr. Bogan stated that Agenda Item #14, Request to Support License Fee Increase for Pro Bono Administration, had been withdrawn. Ms. Clifford distributed a new item for the agenda. Mr. Bogan noted that the new item would become Agenda Item #14. Mr. Pressley moved to reinstate Agenda Item #14. The motion was seconded. The motion failed.
Mr. Koon made a motion to adopt the agenda as amended. The motion was seconded, and it was approved.
A motion was made to approve the Consent Agenda - approval of the minutes of the January 22, 2016, meeting; receipt of March Financial Statements and a request from
the Military and Veterans’ Law Section to amend bylaws. The motion was seconded, and it was approved.
Ms. Day recognized the 2016 Pro Bono Lawyers of the Year, Tina Cundari and Laura Evans.
Ms. Ramsdale recognized the 2016 Legal Services Lawyer of the Year, Susan Ingles.
Mr. Wooten recognized the 2016 Young Lawyer of the Year, Nichole Davis.
Mr. Dusky recognized the 2016 Law Related Education Lawyer of the Year, Garrett Johnson.
Next, President Ellefson recognized the graduates of the 2015-16 Leadership Academy: Brent Hamilton Arant, Marshall "Matt" Austin, Sheila Bias, Patrick Cleary, Cedric Cunningham, Emmanuel Ferguson, Garrett Johnson, Bess Lochocki, Julie L. Moore, George Morrison, Amanda Mueller, Lillian "Marshall" Newton, Sutania Radlein, Kerri Brown Rupert, Jasmine Smith, Brett Lamb Stevens, Danielle “Hope” Watson, Rebecca S. Williams, Nicole M. Wooten and Michael D. Wright.
Under report of the President, Ms. Ellefson noted the completion of year one of the strategic plan including the development of a new pro bono program, the design of a new Bar website and the increase in technology programs through the Bar’s CLE Division. She reviewed a list of Bar members who had served in leadership roles in national associations and statewide and national awards received by Bar members, Bar Divisions and Bar staff. She thanked the Bar staff and thanked Bar members for the opportunity to serve as President.
Ms. St. Onge presented a request from the Elder Law Committee to amend Article 5 of Title 62 to improve the process for appointment of guardians and conservators in South Carolina Probate Courts. Ms. Kennedy moved approval of the request. The motion was seconded, and it was approved.
Mr. Babcock and Mr. Pendarvis presented a request from the Professional Liability Committee to give Bar members the opportunity to voluntarily disclose malpractice insurance coverage via the Bar’s website. Mr. Barroll moved approval of the request. The motion was seconded. Mr. Pressley opined that the insurance companies should be asked to provide the information. Mr. Pendarvis responded that the practice would make reporting mandatory and would be very time consuming. Ms. Ramsdale requested that the language to be used on the Bar website be amended as follows:
This Bar member has affirmed that he/she is in private practice and has had a current professional liability insurance policy as of January 1, 20XX.
Mr. Barroll accepted the amendment. The amended motion was approved.
As set by special order, the Assembly was convened. The Assembly was adjourned at the conclusion of its business.
Mr. Cole presented a request from the Practice and Procedure Committee to amend Rule 58, SCRCP, Entry of Judgment, Satisfaction or Cancellation of Judgment, to allow a judgment debtor to pay its debt through the Clerk of Court when the judgment creditor cannot be located. Mr. Cotter moved approval of the request. The motion was seconded, and it was approved.
Mr. Cole presented a request from the Practice and Procedure Committee to amend Rule 53(b), SCRCP, and Rule 71(a), SCRCP, to place foreclosures and partition actions under jurisdiction of the master-in-equity at the time of filing. Mr. Robinson moved approval of the request. The motion was seconded, and it was approved.
Ms. Moose presented a request to amend Rule 411(b) to shorten the term of members of the Lawyers’ Fund for Client Protection Committee and moved approval. The motion was seconded, and it was approved.
Mr. Barroll presented a request to adopt a resolution on Court-centered regulation of legal services and moved approval. The motion was seconded. Mr. Elliott moved to strike Sections A and E. Mr. Barroll accepted Mr. Elliott’s amendment to his motion. Mr. Suggs moved to table the motion and to refer the resolution to the Professional Responsibility Committee for review. The motion was seconded, and it was approved.
Ms. Clifford presented a request to adopt a policy to provide advance notice through E-Blast to the membership of House meetings and agendas, concurrent with distribution to the House, and posting of approved minutes. She moved approval. The motion was seconded. Discussion ensued on the duties of circuit delegates. The motion was approved.
Shawan Gillians was nominated for the SC Commission on CLE and Specialization.
The following members were elected to the Nominating Committee: Samuel R. Bass II and J. Edwin McDonnell, Judicial Region I, and Randall C. Stoney III, Judicial Region IV.
Mr. Witherspoon presented Bar and CLE Division budgets for 2016-17 and moved approval. The motion was seconded, and it was approved.
Ms. Burnette moved a request from the Senior Lawyers Division to expand Rule 410(g) to allow inactive and retired members to perform pro bono service for state and local agencies and non-profit organizations, subject to approval of the proposed rule amended by the Board of Governors. The motion was seconded, and it was approved.
Mr. Witherspoon recognized outgoing Bar President Ellefson with a plaque and gift.
There being no further business, the meeting was adjourned.
President Ellefson convened a meeting of the Assembly as required under the Constitution and declared a quorum was present.
President Ellefson thanked outgoing Board members and called incoming Bar officers and Board members forward for installation.
Following the installation of officers and Board members, the Honorable Costa Pleicones presented brief remarks and installed William K. Witherspoon as President of the South Carolina Bar. Mr. Witherspoon was recognized to make remarks.
The Assembly was adjourned.