Guest article: John Schafer - "Grandparents' rights advancing in Legislature - at last"
While candidates are withdrawing from a number of formerly-contested judicial races as they find themselves short of the votes needed to win election to seats, Frierson is still hanging in the race, meaning she has likely attracted some support - but we're not sure why.
If Frierson wanted to serve as a judge badly enough, especially in a focused post such as a Family Court judge, it would seem logical that she would have sought to add practical courtroom experience, especially with domestic issues, to her resume before seeking this post. Hopefully she will address this lack of experience and try again in the future - but this is too important a post for on-the-job training.voting or know someone who is.
The Judicial Merit Screening Committee released candidates for three judicial seats today:
Watts has been under public scrutiny since the S.C. Supreme Court unanimously ruled in December that he violated a Summerville woman’s constitutional rights by allowing his secretary to conduct a foreclosure hearing involving her home without any testimony. Watts later signed an order authorizing the foreclosure, though he wasn’t present at the hearing.
Those going to prison in South Carolina will find it harder to get away with other crimes they've committed due to a new South Carolina law which requires inmates to submit DNA samples for cross-referencing with DNA samples from crime scenes.
Last week, just a block away from the Pickens County Courthouse, Redmond Coyle, an attorney, was killed in a shocking murder-suicide by the adverse party in an ongoing family court action.
State Commerce Secretary weighed into the ongoing tort and workers' comp reform efforts this afternoon, publicly endorsing legislation that would help address both issues, by reining in frivilous legal actions against employers. He pointed out what those of us in economic and workforce development know all to well:Moving workers' compensation reform and tort reform forward now would strenghten our businese environment and thus increase our competitiveness. While numerous factors influence a company's location decision, we have found that fundamental issues like tort laws and workers' compensation play a key role in every location decision.
A Charleston County jury on Thursday took less than four hours to convict Jeffrey M. Herrmann, 28, of murdering Sarhan with a handgun in the summer of 2000. Following a three-day trial, Circuit Judge Kristi Harrington sentenced Herrmann to 45 years behind bars.
The strange turn of events was viewed as remarkable around the courthouse because a minor traffic offense of driving on a suspended license helped solve a murder.
Our first interviewee is Maite Murphy, a Dorchester County magistrate, Summerville attorney, and former 1st Circuit prosecutor. She's also the only female candidate to make it out of screening for this round of judicial elections.I am married to Chris Murphy who is a Citadel graduate and serves on Dorchester County Council and we have two sons. I was admitted to practice law in 1995 and I began my career in Columbia with the law firm of Holler, Dennis, Corbett & Garner where I practiced general litigation.
In 1998 I began working at the First Circuit Solicitors office under a special grant to prosecute violent crimes against women. I was assigned to prosecute the violent crimes against women and children in the office and rose to the rank of Chief Deputy Solicitor for the First Judicial Circuit, which includes Calhoun, Dorchester and Orangeburg Counties. In 2005, I joined the law firm of Quattlebaum & Murphy (which later became the Murphy Law Firm-ed.). I handle all aspects of criminal and civil trial practice. The practice of law is an honorable profession that helps people through very difficult times and it has been very rewarding both personally and professionally.
I want to become a Circuit Court Judge because I know I can have a positive impact on our legal system in that capacity. The experience I have gained through extensive trial work has placed me in a unique position that has allowed me to learn not only from other lawyers, but from judges, juries and victims of crimes or other life circumstances. It is extremely important that every person that walks into a courtroom, regardless of the outcome of the case, should feel that the court was diligent, efficient and fair. I know I can bring those qualities to the bench.
One of the strong points that I would bring to the office is trial experience. The Circuit Court is a trial level Court and having that trial experience is a strong component of being a good trial court judge. In addition, I was appointed as Special Referee in 2005 of the ExxonMobil class action suit which was filed in Orangeburg County. Also, my current service as the Associate Chief Magistrate for Dorchester County has given me important insight on the judiciary and how it can impact the lives of our citizens.
A judge should at all times be fair, diligent, and knowledgeable while maintaining respect to both the litigants and to the honor of the profession.
The issues that concern me the most about our State’s courts deal with the fact that there is a tremendous backlog of cases to be disposed of and heard. This gives parties an impression that if they are to receive justice and be part of the system, it is going to take a long time to get there. That holds true in both civil and criminal matters. There have been other very serious consequences of the back logs by having people commit serious crimes while out on bond for extensive periods of time before their cases are called to trial. This of course, is not just a problem for the judiciary, but for the staffs of the Solicitors and Public Defenders whose resources are limited by budgetary constraints.
I am a huge sports fan (especially of my two boys’ teams), an avid snow skier, scuba diver and love to run with my three dogs who are very enthusiastic motivators in the mornings!
The Blogland has begun speaking with members of the state Bar to solicit their thoughts regarding the three candidates for the state Supreme Court. This information may be used to publish an endorsement of a particular candidate.
Tell us a little bit about yourself.
Rose has appointed a citizens committee to review the applications, conduct interviews with the candidates and receive any other information from police agencies and citizens who use the Magistrates Court.
S. C. Court of Appeals Judge Daniel F. Piper is heading up the Dorchester County Magistrate Merit Selection Committee. Judge Pieper was elected to the Court of Appeals in May, 2007 .... Judge Pieper is joined on the selection committee by Family Court Judge William Wylie, Jr. who was elected to the position of resident judge for the Family Court for the First Judicial Circuit. He is a former Dorchester County Probate Judge.
Other citizen members are Dr. Tim Huber, a dentist who resides in Kings Grant and a retired 22 year veteran of the United States Navy; Ted French, a Coosaw Creek business man and a retired Colonel from the U.S. Air Force; Ernest Moultrie of Summerville who is in charge of Court Security for Dorchester County; Julie Anderson, a realtor for Horne Realty in Summerville and a former resident of Ridgeville, who chaired sister Jenny Horne’s campaign for the State House of Representatives in the June primary; Jim Emery, a resident of the Bridges of Summerville, an 18 year veteran of the New York State Legislature and a retired Colonel from the USAF; and Pegge Schall, an Ashborough resident who is a member of the Dorchester County Zoning and Planning Board and a former Republican Executive Committeeman and President of the Ashborough Precinct.
As we did in the last round of judicial elections, the Blogland is going to be watching our state’s judicial races, looking for the good, bad, and ugly among the candidates. As before, we’ve contacted judicial candidates, offering them opportunities to introduce themselves, and already heard from a couple who are interested. As the process moves forward, we’ll run the interviews of those who accepted our invitiations, so our readers can get to learn a little bit more about them.
Here are the judicial seats which had multiple candidates file for them:
CIRCUIT COURT
First Judicial Circuit, Seat 1: Jeffrey P. Bloom, Sandy Run, James E. Chellis, Summerville, Edgar Warren Dickson, Orangeburg, D’Anne Haydel, Orangeburg, James Benjamin Jackson, Jr., Santee, The Honorable Pandora Jones-Glover, Orangeburg, Michael P. Horger, Orangeburg, Maite Murphy, Summerville
Eighth Judicial Circuit, Seat 2: Bryan C. Able, Laurens, Frank R. Addy, Jr., Greenwood, Eugene C. Griffith, Jr., Newberry, Donald Bruce Hocker, Laurens, Walter Rutledge Martin, Greenwood, and Joseph C. Smithdeal, Greenwood.
Thirteenth Judicial Circuit, Seat 3: The Honorable Larry R. Patterson, Greenville, Patrick Cleburne Fant, III, Greenville, Benjamin Lester Shealy, Easley, and Robin B. Stillwell, Greer.
At-Large, Seat 1: David Craig Brown, Florence, Allen O. Fretwell, Greenville, Lisa C. Glover, Columbia, William B. von Herrmann, Conway, Andrew Michael Hodges, Greenwood, Ervin Jerome Maye, West Columbia, S.C. and The Honorable William Jeffrey Young, Sumter.
At-Large, Seat 6: Daniel Francis Blanchard, III, Charleston, Phillip S. Ferderigos, Charleston, Leland Bland Greeley, Rock Hill, Daniel Dewitt Hall, York, The Honorable Roger E. Henderson, Chesterfield, The Honorable Robert N. Jenkins, Sr., Travelers Rest, William Henry Seals, Jr., Marion, William J. Thrower, Hollywood, and Sarah Elizabeth Wetmore, Folly Beach.
FAMILY COURT
Tenth Judicial Circuit, Seat 1: Edgar Henderson Long, Jr., Anderson, M. Scott McElhannon, Anderson, and David Earl Phillips, Williamston.
Thirteenth Judicial Circuit, Seat 6: Catherine C. Christophillis, Greenville, W. Wallace Culp, III, Greenville, S.C., Catherine E. Fairey, Greenville, Alex Kinlaw, Jr., Greenville, William Marsh Robertson, Greenville, David Jamison Rutledge, Greenville, and Michael Don Stokes, Taylors.
ADMINISTRATIVE LAW COURT
Seat 4: Deborah Brooks Durden, Columbia, Christopher McGowan Holmes, Mount Pleasant, Melody L. James, Lexington, Carol Ann Isaac McMahan, Anderson, Leonard P. Odom, Chapin, Kelly Hunter Rainsford, Columbia, and Shirley Canty Robinson, Columbia
Please note that the fielding for these seats will likely narrow down considerably as the judicial screening process has yet to begin. As many three candidates which are found qualified will be referred to the General Assembly for each seat once the screening process is complete.
While there’s a whole pack of judicial candidates seeking various seats, many of the state's judicial seats which are up for election will go unopposed. Here's who is getting a free ride to another term on the bench:
Court of Appeals, Seat 5: The Honorable Kaye G. Hearn, Conway
Fifth Judicial Circuit, Seat 3: The Honorable G. Thomas Cooper, Jr., Camden
Ninth Judicial Circuit, Seat 3: The Honorable Roger M. Young, Sr., North Charleston
Fourteenth Judicial Circuit, Seat 2: The Honorable Carmen Tevis Mullen, Hilton Head Island
Fifteenth Judicial Circuit, Seat 2: The Honorable Benjamin H. Culbertson, Georgetown
At-Large, Seat 2: The Honorable Rupert Markley Dennis, Jr., Pinopolis
At-Large, Seat 3: The Honorable Clifton Newman, Columbia
At-Large, Seat 4: The Honorable Edward Walter Miller, Greenville
At-Large, Seat 5: The Honorable J. Mark Hayes, II, Spartanburg
At-Large, Seat 7: The Honorable Jesse Cordell Maddox, Jr., Anderson
At-Large, Seat 8: The Honorable Kenneth G. Goode, Winnsboro
At-Large, Seat 9: The Honorable J. Michelle Childs, Columbia
At-Large, Seat 10: The Honorable James Rezner Barber, III, Columbia
Administrative Law, Seat 1: The Honorable Marvin F. Kittrell, Columbia
We want to congratulate Judge Roger Young, who recently did an Inside Interview with the Blogland, on getting another term on the bench.
Through no fault of his own, he was born in Michigan; however, his family moved to South Carolina when he was two years old, allowing him to maintain that he is truly a Southerner at heart. He grew up in North Charleston, and in 1980 graduated with a Bachelor of Science degree from the Baptist College at Charleston, which is now known as Charleston Southern University. He graduated from the University of South Carolina School of Law in 1983 with the degree of Juris Doctor, and with the degree of Master of Judicial Studies from the University of Nevada, Reno in 2000 …
Roger also served as a Municipal Judge for the City of North Charleston from 1988-90. He was elected to the South Carolina House of Representatives in 1990 and served two terms. He was Master-in-Equity for Charleston County from 1996 until he replaced Judge Vic Rawl on the Circuit Court bench upon his retirement on July 1, 2003 …
Through an odd confluence of interstellar events, Roger has received an honorary Doctor of Humane Letters from the University of Charleston in 1992, was appointed an Honorary Kentucky Colonel by Gov. Brereton C. Jones in 1993, and was awarded the Order of the Palmetto by Gov. Carroll A. Campbell in 1994.
A patient and dignified Circuit Court Judge who does not take himself too seriously, and uses common sense on the bench every week.
Making a lot of money has never really been a motivating factor in my life, and I found through being in the state legislature that I enjoy public service. Serving in the General Assembly was a wonderful experience; however, I'm not cut out for that job. I have a special appreciation for those that do it and enjoy it, but constantly driving up the road to Columbia and always running for re-election is not my cup of tea.
There is nothing like being a circuit court judge to have something new to deal with every day. I consider myself one of those fortunate people who look forward to going to work every day, although there are some days it flat wears you down, but I suppose that is true of every job.
Every judge brings their own unique perspective to the bench, so while I would say it gives me a different perspective, I do not want to imply that it makes me a better judge than my colleagues, because some of the best have never served in the legislature. I would say the experience made me a better citizen. I think everyone should run for office at some point in time (as long as they don't run against me). It will humble you to have to go out and ask people for their vote.
The case load for circuit court judges is the highest in the nation and is getting worse. While the legislature has authorized three new circuit court positions, they have not funded them in several years. We are trying to manage our dockets so that people don't have to wait years to get their case heard, but you can only squeeze so much.
We also now have two law schools in this state graduating twice the number of new lawyers. That has to have an effect on the number of case filings. Technology can only get us so far. You have to have a body on the bench to hear the case at some point.
We are trying to more cases resolved through alternatives to trial by jury, such as mediation and arbitration, but the sheer volume means that there are still a lot of cases left on the trial roster. In addition, those cases that do not resolve themselves are increasingly complex and demand more pre-trial attention from the judges, who cannot be in two places at one time.
I am filing for re-election this fall. That election will be early next year. I enjoy what I do immensely and have no foreseeable desire to seek an appellate court position. I may change my mind one day. However, I have set on the Supreme Court twice when justices have been sick or on vacation, and while it was a great experience, but left me wondering if I wanted to read briefs and transcripts all day.
I like the interaction with people you get as a trial court judge, especially with juries. I think the combination of the adversarial process and a trial by jury is the best system for settling conflicts ever devised by man.
I started judging barbeque the minute I ate at Sweatman's 30 years ago in college. That's the gold standard for what a commercial barbeque joint should be, in my humble opinion. However, competition barbeque is something else entirely. I started judging at the local Prestigious Palmetto Pig-Pickin' in Charleston over ten years ago, and look forward to it every year. It's grown and become quite a well-respected event. The quality of barbeque produced by the competitors is very high.
Believe it or not, the hardest part of judging competition barbeque is to not over-eat early. You can't eat more than a very, very small amount because you will probably be eating 15-20 samples within a few hours. I learned the hard way.
As for commercial places, locally Fiery Ron's Home Team and Jim and Nick's are putting out some outstanding barbeque. I recently tried a new place in North Charleston off East Montague called The Barbeque Place and it showed great promise. I also held court in Moncks Corner this week and tried a new place called Moose's BBQ. It was very good and had an outstanding beef brisket, which you don't find much of in this area of the country. The owner, Moose, wandered around place constantly checking on his customers and chatting people up. It was a fun experience.
Candidly, growing up in the low country I have a soft spot for any of the Bessinger brothers' places when you just need to scratch an itch and eat a good sandwich and onion rings. There is a branch of Brown's BBQ in Moncks Corner that is really good. Finally, there are branches of the ubiquitous Dukes BBQ in Beaufort and Ridgeland that serve fried chicken gizzards on their buffet which earns them an honorable mention for that fact alone.
Man, I could talk about bbq all day.
I have a friend in New Orleans who has one of the oldest law related blogs (as well as one of the most respected) called ernietheattorney.net. He covers much more than law, and often writes about computers, photography, philosophy, yoga, food and his mistress - the City of New Orleans. He is commercial law litigator who frequently lectures around the country on law and computers. He is partially responsible for my converting to Apple computers a few years ago, and he operates a truly paperless office out of his home. A cool guy to hang out with.
Until it recently shut down, I thought FakeSteveJobs, a blog satire about Apple co-founder Steve Jobs, was pure genius. You helped to be an Apple fan to really appreciate it, but it was fabulous satire, and anyone who follows the computer industry could appreciate it. I hope it comes back.
I listen to some podcasts daily while I walk since I'm not much of a music fan. A couple are, again, Apple related, but I also enjoy Dennis Miller's re-broadcast of his radio show. By now you've figured out I'm a big Apple computer fan, and love having an Apple store in Charleston. I also am grateful that SC Public Radio podcasts Walter Edgar's Journal. I'd never be able to listen to it otherwise. Those broadcasts are wonderful for those that love to learn about this state, and Walter shares my love of all things barbeque.
First, judges do a lot more than sit on the bench and listen to trials. In fact, when you are serving a year as Chief Administrative Judge like I currently am, it is probably less than half of what I do most days. There is a never-ending mound of paperwork as CAJ.
I suppose most people would be surprised at how difficult it can be to sentence people, or perhaps I should state more correctly, fashion an appropriate sentence. Every person is different, and the vast majority of people are not evil, horrible people. If you stop and think about it, the relative rarity of brutal, violent crimes is why they are newsworthy when they happen. Instead, most of the people who come before the courts have wrecked their lives with drugs and alcohol, and we are dealing with crime which is either directly or indirectly associated with it. You can toss them in jail and throw away the key - and sometimes you have to do that - but most of them are eventually going to get out of prison, and as a society it is in our best interest to figure out some way to turn them into productive citizens as opposed to hardened criminals. I don't have the answer. I just deal with the problem.
Sentencing young people really is heartbreaking. Young people make so many mistakes, and every time I see one infront of me I envision one of my children. I can only imagine how their parents must feel. A sad fact of life is that far too many young people don't even have a family member that comes to courts with them. It takes no imagination to guess how they got there. Sadly, they are often parents themselves, and have no skills or education by which they are reasonably going to get a decent paying job or become a responsible parent. You wonder what chance their children have to succeed. It's a cycle that seems to have no end.