ABOUT THE PROGRAM
The mission of the South Carolina State Guard is to respond quickly to protect people and property when natural and man-made disasters strike the state and to assist with community recovery during the aftermath. As part of the South Carolina State Military Department, the State Guard acts in coordination with the South Carolina National Guard, law enforcement and other state, county and municipal agencies during times of emergency. It also participates in numerous training exercises and community outreach projects to improve disaster preparedness across the state. The State Military Department operates under the Adjutant General and the Commander in Chief of the State Military Department is the Governor of the State of South Carolina. South Carolina State Guard members are all volunteers who share a passion for service to their state and to the citizens of South Carolina. The South Carolina State Guard is the oldest serving military organization in the state. It has provided protection to South Carolina since 1670 when the Colony’s first military organization was formed as the Charleston Militia. Throughout its history the volunteer militia of South Carolina has been an integral part of protecting citizens and their property. More battles, engagements and skirmishes were fought in South Carolina during the Revolutionary War than in any other colony. Forty five of the forty six counties in South Carolina were involved in some type of military action during the Revolutionary War. The South Carolina that General Francis Marion set out to liberate from British control in 1780 was a very different place than the South Carolina of today. In recent years its most serious adversary has been Mother Nature. The battles are still widespread and involve protecting citizens and property from the ravages of hurricanes, flooding, and other natural disasters. Since 2014 members of the JAG team of the South Carolina State Guard have served front and center to provide legal assistance and legal expertise to the South Carolina State Guard and its affiliates during natural disasters and in their aftermath. The fourth annual South Carolina State Guard CLE conference features attorneys from the State Guard JAG team, The National Guard, the South Carolina Office of Disciplinary Counsel and the South Carolina Criminal Justice Academy consisting of 14 informational presentations. Sessions will focus on how the State Military Department, law enforcement agencies and state, county and municipal organizations work together to improve disaster preparedness. Topics will include legal aspects of contractual, criminal, civil, probate, personnel, surveillance, medical and ethical responsibilities of state military and affiliate organizations. The program is intended to provide education and training for potential volunteers from the legal community in the event of a natural disaster. Attorneys who complete this course will be able to identify areas of opportunity for assisting state, federal and local agencies during natural disasters and for using their professional expertise to help communities recover during the aftermath. Participants must complete both days of the seminar to receive the full 14 hours of MCLE credit. There is limited seating available on a first come, first serve basis. The program has been accredited for 14 hours of MCLE, including up to 2.0 hour of LEPR and 1.0 hour of Substance Abuse/Mental Health. The discounted fee of $50.00 is being offered to members of the SC Bar as a public service and includes registration, meals and materials. For more information or to register, please contact CLE Registrar Stephen Barb at 803-771-0333, ext. 122 or at registrar@scbar.org.

This seminar is a basic intermediate level program.

AGENDA
Friday, August 2

7 a.m. Breakfast

8 a.m. Legal Considerations for Arming the SC State Guard
Panel discussion of applicable state and federal law including an analysis of previous State Executive Orders and SC National Guard Arming Orders.
Panel Discussion lead by COL Robert Phillips, Esq.

9 a.m.  Military Court System
Overview of the SC National Guard’s court system and comparison of Military and Civilian Justice Systems.
COL Lawrence Wedekind, Chief Judge, SC National Guard

10 a.m. Break 

10:15 a.m. Drone Law
Overview of existing drone law including a discussion of FCC Restrictions and FAA Emergency Waiver Law.
CPT Thomas Fernandez, Esq.

11:15 a.m. Military Law
Overview of SC Code of Military Justice and other provisions of SC Law applicable to SC State Guard and other state and private entities.
CPT Sanford Graves

12:15 p.m. Lunch (Included)

1:15 p.m.  Criminal Law
Criminal law update from the SC Criminal Justice Academy.
James Fennell, Esq., General Counsel, SC Criminal Justice Academy

2:15 p.m. Break

2:30 p.m.  Ethics - The Lawyer Discipline Process in South Carolina and Keeping Civility in the Courtroom; case summaries of recent ethics rulings
C. Tex Davis Jr., Esq., Senior Assistant Disciplinary Counsel, SC Office of Disciplinary Counsel

4:30 p.m. Mental Health:
When conducting investigations into allegations of ethical misconduct, Disciplinary Counsel must address the many factors that potentially led to the misconduct. Today, more and more, lawyers are battling with mental health issues - such as anxiety and depression, as well as alcohol and substance abuse. This presentation will discuss how mental health issues and substance abuse problems can impact the disciplinary process. We will discuss the recent rise of these factors, how the factors can be used as either aggravating or mitigating evidence in the disciplinary cases. Several disciplinary cases will be presented where these factors played a significant role. And discussion of several of the resources available to members of the SC Bar who are facing these mental health and substance abuse issues.
C. Tex Davis Jr., Esq., Senior Assistant Disciplinary Counsel, SC Office of Disciplinary Counsel

5:30 p.m.  Adjourn

Saturday, August 3
7 a.m. Breakfast

8 a.m. Will and Probate Law
Overview of SC law related to the will, trust and estate law project provided on a pro bono basis by the SC State Guard’s JAG detachment.
1LT Andrew Holliday, Esq.

9 a.m. Civil Review
Overview of SC State Laws relevant to the SC State Guard including a discussion of the SC Tort Claim Act, Liability Immunity Statutes, Workers Compensation, Militia, Title 25, etc.
CPT Trey Nantz, Esq.

10 a.m. Break

10:15 a.m. Contracting Law
Overview of SC State Law pertaining to contracts and Memorandums of Understanding (MOUs) between the SC State Guard and other state and private entities, including S 530.
1LTJennifer Soldano, Esq.

11:15 a.m. Non-Profit Law
Overview of SC State Laws applicable to the SC State Guard Mission & Operations Support Foundation.
CPT James Rourke, Esq.

12:15 p.m. Lunch (included)

1:15 p.m. HIPAA and Personnel Law
Update on applicable legal requirements for military organizations.
MAJ Michael Henthorne, Esq.

2:15 p.m. Standing Rules for the Use of Force (SRUF)
Discussion of the legal considerations associated with SRUF.
CPT Brooks Davis, Esq.

3:15 p.m. Closing Remarks

3:30 p.m. Safety Briefing
Remarks by COL Phillips to SC State Guard personnel in attendance and dismissal.

3:45 p.m.  Adjourn

 

All registrations must be pre-paid. Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, be transferred to the live webcast or archived online version of the same seminar (if available), or to a live seminar of equal or lesser value - all with no cancellation or transfer fee.  Refunds will not be issued for cancellations made within 24 hours of a seminar start time, but all other options listed above are available with no transfer fee.

Locations
  • Columbia
    In-Person Seminar
    Bar Conference Center
    1501 Park Street , Columbia, SC 29201