May 16, 2019

The House met on May 16, 2019, at Winthrop University in Rock Hill. Present were: Brook Bowers Andrews; Grady Baldwin Anthony; Kenneth C. Anthony; J. Leeds Barroll, IV; Samuel Robert Bass, II; Mark S. Berglind; Susan B. Berkowitz; Matthew M. Billingsley; Maryann E. Blake; Margaret Miles Bluestein; J. Steedley Bogan; Sherri Marie Carr; Beverly A. Carroll; George B. Cauthen; Amie L. Clifford; M. Dawes Cooke, Jr.; Lee Deer Cope; Darra W. Cothran; Leslie A. Cotter, Jr.; Stephen M. Cox; Elise Freeman Crosby; Carole Marie Dennison; Robert Scott Dover; Walter G. Dusky; Darek Joseph Enderlin; Eric K. Englebardt; Frank L. Eppes; F. Cordes Ford, IV; Allen O. Fretwell; Marilyn Elaine Ligon Gartley; Kenneth S. Generette; Bernadette Shawan Gillians; Harry L. Goldberg; Elizabeth Van Doren Gray; Jack W. Hammack; Doward Keith Harvin; Daryl G. Hawkins; Amy L.B. Hill; Sean Joseph Hinton; John Croom Colvin Hunter; Russell Thomas Infinger; Susan P. Ingles; Lindsay Anne Joyner; Justin S. Kahn; D. Michael Kelly; Catherine H. Kennedy; Charles A. Kinney, Jr.; Wes A. Kissinger; Christopher R. Koon; Lanneau Wm. Lambert, Jr.; Roy Free Laney; Jonathan W. Lounsberry; Garry Donald Malphrus; Karla Cecilia Martinez Lainez; John Lucius McCants; J. Edwin McDonnell; Steven T. Moon; Meredith Brooks Moss; Catherine Elizabeth Mubarak; Randall K. Mullins; Elizabeth Foy Nicholson; Sheally Venus Poe; Benjamin R. Pogue, III; Tommy D. Preston, Jr.; Jacob Howell Raehn; Robert Lawrence Reibold; John Edward Roxon; Nancy Doherty Sadler; Carmelo Barone Sammataro; Stephen T. Savitz; Mary Elizabeth Sharp; Reid T. Sherard; Cheryl D. Shoun; Mary Amanda Harrelson Shuler; Lana H. Sims, Jr.; Jasmine Denise Smith; Lisa Lee Smith; Michael Benjamin Smith; Henry D. Smythe; Christian Giresi Spradley; Megan Finch Stevens; Randell Croft Stoney, III; Fred W. Suggs, Jr.; William R. Thomas; John Hagood Tighe; Stephanie Millenbine van der Horst; Robert Bruce Wallace; Elizabeth H. Warner; J. Calhoun Watson; David Wesley Whittington; Robert M. Wilcox; Donald B. Wildman; Mitchell Willoughby; Ashleigh Rayanna Wilson; William M. Wilson, III; Carrington S. Wingard; William K. Witherspoon; and Clinton Joseph Yarborough.

Guests present were: The Honorable John P. Gettys, Jr.; Dr. Daniel F. Mahoney; Megan S. Seiner; and Michael J. Virzi. Wilson, III.

Representing the Bar staff were: Monica Briscoe; Cindy A. Coker; Mary‐Kathryn Craft; Nichole Davis; Jeremy Frazier; Betsy Goodale; Charmy Medlin; David M. Ross; and Jason Stokes.

Chair Rusty Infinger called the meeting to order. A quorum was declared present.

Ms. Wingard moved to allow privileges of the floor to nonmembers. The motion was seconded, and it was approved.

Mr. Suggs moved to adopt the agenda. The motion was seconded, and it was approved.

Mr. Cooke moved to approve the Consent Agenda ‐ approval of the minutes of the January 17, 2019, meeting; request from the Trial and Appellate Advocacy Section to amend Section bylaws, receipt of March Financial Statements and a request from the Senior Lawyers Division to amend Section bylaws. The motion was seconded, and it was approved.

Dr. Daniel F. Mahoney welcomed House members to Winthrop University.

Mayor John P. Gettys, Jr., extended a welcome to the city of Rock Hill.

Mr. Suggs recognized the 2019 Pro Bono Law Firm of the Year, Nexsen Pruet.

Ms. Wilson recognized the 2019 Young Lawyers of the Year, Joseph Bias and Tommy Preston, Jr.

Mr. Dusky recognized the 2019 Law Related Education Lawyer of the Year, Sabrina Owen.

President Cooke recognized the 2019 Mentors of the Year, David Koysza, Jane Merrill and Stephanie Nye.

Next, President Cooke recognized the graduates of the 2018‐19 Leadership Academy:

Annie Andrews; Tyler Bailey; Brett Bayne; Emma Bennett‐Williams; Aleksandra Chauhan; Amber Fulmer; Jerrod Fussnecker; Taylor Gilliam; Karla Martinez; Cashida Okeke; Chelsea Rikard; Mallary Scheer; Leslie Simpson; Donna Tillis; and Mary Vosburgh.

Ms. Seiner provided a report on the activities of the SC Bar Foundation identifying some of the entities that had been served by SC Bar Foundation grants and sharing statistics on trends in giving. She encouraged House members to contribute to the Foundation.

Under report of the President, Mr. Cooke provided updates Lawyers Helping Lawyers and Lawyer Wellness efforts, the Pro Bono Program, Diversity, Law Related Education, and the anticipated use of Delegates as ambassadors. In closing, he thanked House members for their support.

At this time the House adjourned to convene the Assembly.

Following the Assembly, the House reconvened.

Mr. Malphrus presented a resolution to support online CLE requirement reporting and to request an update from the Commission on CLE and Specialization on progress and a timeline for when it expects to implement online reporting. He moved approval of the resolution. The motion was seconded, and it was approved.

Next, Mr. Malphrus presented a resolution to encourage the South Carolina Supreme Court through the Commission on CLE and Specialization to expand the number of states with which out‐of‐state Bar members can meet the CLE requirements for South Carolina by meeting the CLE requirements for the states where they reside and practice law. He moved approval of the resolution. The motion was seconded, and it was approved.

Ms. Coker presented a request from the Lawyers’ Fund for Client Protection Committee to amend Rule 411, SCACR, to stagger terms for Committee members. A motion was made and seconded to approve the request. The motion was approved.

Next, Mr. Lounsberry presented a request from the Practice and Procedure Committee to amend Rule 45 (b)(1), SCRCP, to address the vagueness of “prior notice” in regard to subpoenas when compared to the clarity of Rule 45 (a)(4), Federal Rules of Civil Procedure. He moved approval of the request. The motion was seconded, and it was approved.

Mr. Lounsberry presented a proposal from the Practice and Procedure Committee to amend three rules in the South Carolina Rules of Civil Procedure to be consistent with comparable changes made to the Federal Rules of Civil Procedure in 2016. The proposed changes to Rule 1, Rule 26(f) and Rule 34(b) were intended to make civil litigation more efficient by developing earlier discovery plans and revamping the impact of preserving electronically stored information. He noted that proposed changes to Rule 26(b) had been withdrawn. Following discussion, proposals to amend Rule 1, 26(f) 34(b) and 37(f) were approved.

Next, Mr. Virzi presented a request from the Professional Responsibility Committee to amend Rule 3.8 of the Rules of Professional Conduct relating to the special responsibilities of a prosecutor. The proposed amendments would impose a duty on prosecutors when evidence was discovered post‐conviction that indicated that the person who was convicted was innocent. Mr. Virzi noted that the proposal was presented to the House in January and was sent back to the Committee with instruction to consider the issues raised. He reviewed the revised proposal. Ms. Carr moved approval of the proposal. The motion was seconded. Ms. Carr spoke in favor of the proposal. Ms. Clifford spoke in opposition to the proposal. Discussion ensued on the investigation procedure and the responsibility placed on prosecutors. Following discussion, Mr. Fretwell moved to table the proposal. The motion was seconded. The motion failed. Discussion resumed. Issues discussed included funding and financial resources and the origin of new evidence. Upon taking a vote, the original motion to approve the proposal was approved.

The following members were elected to the Nominating Committee: Scott Dover and Venus Pope (Region 1) and Cheryl Shoun (Region 4).

Mr. Laney presented Bar and CLE Division budgets for 2019‐20 and moved approval. The motion was seconded, and it was approved.

Ms. Carroll recognized outgoing Bar President Cooke with a commemorative plaque and gift.

There being no further business, the meeting was adjourned.