STATE OF THE JUDICIARY
2008








Address of the Honorable Jean Hoefer Toal
Chief Justice of South Carolina



Joint Session of the General Assembly
February 13, 2008
Columbia, South Carolina

LIEUTENANT GOVERNOR BAUER, PRESIDENT PRO TEMPORE MCCONNELL, SPEAKER HARRELL, SPEAKER PRO TEMPORE SMITH, MEMBERS OF THE JOINT ASSEMBLY, MY BROTHERS AND SISTERS OF THE SOUTH CAROLINA JUDICIARY, LADIES AND GENTLEMEN:

THE GENEROSITY OF THIS GENERAL ASSEMBLY IN EXTENDING THIS PODIUM TO ME IS AN ENDURING SYMBOL OF OUR SMALL AND BELOVED STATE’S VERY PERSONAL AND CIVIL APPROACH TO PUBLIC DISCOURSE.

THIS HAS BEEN A YEAR OF GREAT TRANSITION FOR YOUR JUDICIAL BRANCH. WE MOURN THE LOSS OF CAMERON BRUCE LITTLEJOHN, A SOUTH CAROLINA ICON. HISTORIANS HAVE DOCUMENTED HIS 63 YEARS OF PUBLIC SERVICE, BUT THE BRUCE LITTLEJOHN WE REVERE IS THE CHIEF JUSTICE WHO HEALED THE FRACTIOUS RELATIONSHIP BETWEEN THE COURT AND THE GENERAL ASSEMBLY, AND THEN IN SO CALLED “RETIREMENT” BECAME A SENIOR JUDGE ON THE NEWLY CREATED SOUTH CAROLINA COURT OF APPEALS; BRINGING HIS WISDOM AND ENERGY TO ACTIVE SERVICE INTO HIS 90’S.

THE CRIPPLING BLOW OUR ALREADY OVER-STRESSED FAMILY COURT SUFFERED LAST SUMMER WITH THE DEATHS OF THREE JUDGES IN TWO MONTHS WAS DEVASTATING TO OUR COURT FAMILY. ROLLY JACOBS, B. BROWN, AND MARY BUCHAN WERE THREE OF OUR BRIGHTEST AND MOST PRODUCTIVE COLLEAGUES. MORE IMPORTANTLY, THEY WERE OUR DEAREST FRIENDS.

THIS GENERAL ASSEMBLY CONFIRMED THE STRENGTH OF OUR JUDICIAL SELECTION SYSTEM WITH THE SELECTION OF ASSOCIATE JUSTICE DON BEATTY, BUT THE REAL STORY IS NOT SIMPLY THAT JUSTICE BEATTY’S SELECTION MAKES HISTORY, BUT RATHER, THAT HE IS A WONDERFULLY TALENTED JURIST. HIS KEEN INTELLECT AND STRONG WORK ETHIC MAKE HIM A FIRST-RATE ADDITION TO OUR COURT.

WE ALSO LOOK FORWARD WITH GREAT JOY TO THE INVESTITURE OF JOHN KITTREDGE, WHO WILL JOIN THE COURT IN JULY.

THREE NEW COURT OF APPEALS JUDGES, PAULA THOMAS, DANNY PIEPER, AND APHRODITE KONDUROS, WILL BRING STRONG TRIAL COURT EXPERIENCE TO THEIR SERVICE AS APPELLATE JUDGES, AND WE ARE GRATEFUL THAT YOU WERE ABLE TO MOVE QUICKLY TO FILL THE VACANCIES ON THE TRIAL BENCH.

OUR DEAR OLD BLUE DEVIL WILL BE DEPARTING IN JULY. BEHIND THAT GENTLE FACADE IS ONE OF THE BRIGHTEST MINDS IN OUR COURT’S STORIED HISTORY. WITH DUKE UNDERGRADUATE AND LAW DEGREES, JIM MOORE COULD HAVE GONE ANYWHERE. HE CHOSE TO RETURN TO HIS NATIVE GREENWOOD WITH MISS SOUTH CAROLINA AT HIS SIDE AND QUICKLY BECAME A COMMUNITY, CHURCH, AND PROFESSIONAL LEADER. DURING HIS YEARS OF GENERAL ASSEMBLY SERVICE, HE HELPED FLOOR LEAD JUDICIAL REFORM FOR SOUTH CAROLINA’S COURTS. HE COMPLETES A DISTINGUISHED 31 YEAR CAREER AS A TRIAL AND APPELLATE JUDGE. WE HOPE TO PERSUADE JIM TO CONTINUE TO GIVE THE STATE THE BENEFIT OF HIS WISDOM IN SENIOR STATUS.

WE WISH TOMMY ABBOT AND JANE FENDER WELL IN THEIR RETIREMENT. THEY HAVE SERVED THE FAMILY COURT WITH DISTINCTION IN TWO OF THE TOUGHEST COASTAL CIRCUITS.

FUNDING

WHEN I BECAME YOUR CHIEF JUSTICE, THE TOTAL JUDICIAL BRANCH BUDGET WAS 41 MILLION DOLLARS, ALMOST EVERY PENNY OF WHICH WAS FUNDED BY GENERAL REVENUE APPROPRIATIONS. EIGHT FISCAL YEARS LATER, IT NOW COSTS APPROXIMATELY 57 MILLION DOLLARS TO OPERATE THE JUDICIAL BRANCH, OF WHICH ONLY $36 MILLION WILL BE PROVIDED THIS YEAR BY GENERAL REVENUE. $15 MILLION IS DERIVED FROM FINES AND FEES AND $5 MILLION FROM FEDERAL GRANTS. I ASK THIS YEAR THAT YOU MAKE FINES AND FEE REVENUES STABLE BY CODIFYING THEM INTO THE PERMANENT CODE. TWENTY-SIX PERCENT OF THE BUDGET OF THE THIRD BRANCH OF GOVERNMENT RESTS ON TEMPORARY PROVISOS. THIS FUNDING MUST BE STABILIZED.

COURT CRISIS

SOUTH CAROLINA AGAIN THIS YEAR HAS THE HIGHEST CASELOAD PER GENERAL JURISDICTION TRIAL JUDGE OF ANY COURT SYSTEM IN THE NATION. WE CONTINUE TO EXPERIENCE MORE THAN TWICE THE NATIONAL AVERAGE IN FILINGS PER JUDGE.

CIRCUIT COURT

THE REAL CRISIS IS IN THE CIRCUIT COURT ON THE CRIMINAL SIDE AND IN THE FAMILY COURT DOCKETS. SOUTH CAROLINA HAS ONE OF THE HIGHEST CRIMINAL DOMESTIC VIOLENCE RANKINGS IN THE COUNTRY. VIOLENT CRIMES SUCH AS MURDER, ARMED ROBBERY, DRUG-RELATED CRIMES, AND GANG VIOLENCE ARE CAUSING INCREASING BACKLOGS IN OUR COURTS. FOR MANY YEARS, THE NATIONAL AND SOUTH CAROLINA BENCHMARK OR STANDARD WAS TO DISPOSE OF A CASE WITHIN 180 DAYS. THE FOUR-YEAR SNAPSHOT OF OUR PERFORMANCE THAT YOU SEE ON THE SCREEN NOW DEMONSTRATES THAT WE ARE FALLING FURTHER BEHIND THIS BENCHMARK EACH YEAR.

IN CIRCUIT COURT, THE GENERAL SESSIONS COURT HANDLES THE CRIMINAL PART OF THE DOCKET. IN 2004, WE HAD 110,000 CASES FILED IN THAT COURT AND DISPOSED OF 83,000 CASES. IN 2005, WE HAD A 6,000 CASE INCREASE IN FILINGS, A 10,000 CASE INCREASE IN DISPOSITIONS, AND WE STILL FELL BEHIND IN OUR QUEST TO MEET THE 180 DAY BENCHMARK. IN 2006, WE JUMPED ANOTHER 6,000 CASES IN INCREASED FILINGS AND WE JUMPED OUR DISPOSITION RATE BY 15,000 CASES. DESPITE THIS IMPROVEMENT, WE FELL INCREASINGLY BEHIND IN OUR QUEST TO MEET THE BENCHMARKS FOR DISPOSING OF CRIMIAL CASES IN AN EXPEDIENT FASHION. IN 2007, OUR INCREASE IN FILINGS SLOWED, “ONLY” A 3,000 CASE INCREASE, BUT DESPITE A 2,000 CASE DISPOSITION INCREASE, WE AGAIN ARE FALLING FURTHER AND FURTHER BEHIND OUR GOALS.

THESE SAME CIRCUIT COURT JUDGES ALSO HANDLE THE COMMON PLEAS DOCKET, OUR CIVIL DOCKET, WHERE ALTHOUGH FILINGS HAVE FALLEN 2,000 CASES IN FOUR YEARS, OUR DISPOSITION RATE LAGS 4,000 CASES OVER THE SAME PERIOD. THE GAP BETWEEN FILINGS AND DISPOSITIONS IS MORE THAN 13,000 CASES A YEAR. WHY? BECAUSE I AM USING THESE JUDGES MORE AND MORE ON THE CRIMINAL DOCKET. THE PUBLIC DEMANDS IT. THIS USE HAS BEEN DAMAGING TO THE COURT’S ABILITY TO CONTROL THE CIVIL DOCKET. NO CIRCUIT HAS MET THE 180-DAY BENCHMARK FOR CRIMINAL CASES, AND ONLY THREE BEAT THIS BENCHMARK WITH THEIR AVERAGE DISPOSITION RATE ON THE CIVIL SIDE.

FAMILY COURT

WE CREATED IN 1977 A FAMILY COURT WHICH WAS A MODEL FOR THE NATION – SPECIALIZED IN DIVORCE, ALIMONY, EQUITABLE DIVISION OF MARITAL PROPERTY, CHILD CUSTODY, VISITATION, AND ADJUDICATION OF CRIMINAL OFFENSES FOR JUVENILES. TODAY, THIS COURT IS SO INUNDATED WITH CASES THAT WHEN WE COMPUTED HOW MUCH TIME JUDGES ON AVERAGE SPEND ON A CASE, WE REACHED AN ALARMING FIGURE: TWENTY MINUTES PER CASE. TWENTY MINUTES – TO MAKE DECISIONS THAT HAVE A PERMANENT EFFECT ON A CHILD, ON A PARENT, ON A FAMILY. THE CHILD SUPPORT ENFORCEMENT CASES ALONE TAKE UP ONE FULL DAY OUT OF EVERY FIVE AVAILABLE FOR COURT HEARINGS IN FAMILY COURT.

NEW JUDGES

TO ADDRESS THIS CRISIS, I HAVE AGAIN REQUESTED THAT THIS GENERAL ASSEMBLY CREATE, ELECT, AND FUND THREE ADDITIONAL CIRCUIT COURT JUDGE POSITIONS AND THREE ADDITIONAL FAMILY COURT JUDGE POSITIONS. EVERY CIRCUIT IN THE STATE COULD USE THESE ADDITIONAL JUDGES, BUT IF YOU CREATE THE POSITIONS AT-LARGE, I CAN UTILIZE THE CONSTITUTIONAL MANDATE TO ROTATE JUDGES AND PLACE THESE JUDGES WHERE THEY ARE NEEDED FROM WEEK TO WEEK.

NEW INITIATIVES BY COURT RULE:
ACCESS TO JUSTICE

ACCESS TO AFFORDABLE LEGAL REPRESENTATION IS A REAL NEED FOR MANY HARD-WORKING SOUTH CAROLINIANS OF MODEST MEANS. TO BEGIN TO ADDRESS THIS ISSUE, THE SUPREME COURT HAS CREATED AN ACCESS TO JUSTICE COMMISSION WHICH HAS BROAD-BASED REPRESENTATION FROM THE BUSINESS, LEGAL, EDUCATION, AND COMMUNITY SERVICE SECTORS OF SOUTH CAROLINA. THIS COMMISSION WILL HOLD HEARINGS AROUND THE STATE THIS SPRING TO IDENTIFY SPECIFIC NEEDS COMMUNITY BY COMMUNITY. THE COMMISSION WILL THEN DESIGN ACCESS SOLUTIONS WHICH ALLOW CITIZENS TO USE SELF-HELP MATERIALS WHERE THEY CAN AND OFFER OTHER RESOURCES TO PROVIDE CITIZENS WITH EASIER ACCESS TO THE COURT SYSTEM.

BUSINESS COURTS

BY ADMINISTRATIVE ORDER, WE HAVE BEGUN BUSINESS COURTS IN SOUTH CAROLINA AS A PILOT PROGRAM IN CHARLESTON, GREENVILLE, AND RICHLAND’S CIRCUIT COURTS. THE PURPOSE OF BUSINESS COURTS IS TO INCREASE THE ABILITY OF THE CIVIL COURTS TO ADDRESS COMPLEX BUSINESS, CORPORATE, AND COMMERCIAL MATTERS WITH SPECIALIZED CASE MANAGEMENT PROCEDURES. I’VE ASSIGNED THREE VERY ABLE CIRCUIT JUDGES - ROGER YOUNG, MICHELLE CHILDS, AND NED MILLER - TO THIS TASK. THEY HAVE RECEIVED SPECIAL TRAINING AND HAVE BEGUN TO RECEIVE BUSINESS COURT CASES. THIS SENDS A STRONG MESSAGE TO THOSE WHO WANT TO LOCATE THEIR BUSINESSES IN OUR STATE THAT SOPHISTICATED COMMERCIAL LITIGATION CAN BE MANAGED EXPEDITIOUSLY IN SOUTH CAROLINA.

PUBLIC ACCESS TO COURT RECORDS

OUR INCREASED RELIANCE ON THE INTERNET TO AUTOMATE OUR COURT SYSTEM RAISES SERIOUS ISSUES ABOUT THE BALANCE AMONG THE COMPETING GOALS OF PUBLIC ACCESS, PERSONAL PRIVACY AND PUBLIC SAFETY. A BROADLY REPRESENTATIVE TASK FORCE HAS SPENT THE PAST YEAR DEVELOPING RULE PROPOSALS WHICH WILL BE CONSIDERED BY THE SUPREME COURT THIS YEAR.

CRIMINAL COURTS

TWO YEARS AGO, THE SOUTH CAROLINA SENATE JUDICIARY COMMITTEE UNDERTOOK A MAJOR STUDY OF CRIMINAL COURTS IN THIS STATE. THE TASK FORCE RECOMMENDATIONS ARE PENDING IN SEVERAL BILLS IN EACH OF THE LEGISLATIVE BODIES. ALL OF THESE RECOMMENDATIONS HAVE MY STRONG SUPPORT. I WANT TO HIGHLIGHT ONE OF THE MOST IMPORTANT RECOMMENDATIONS.

SENTENCING

SENTENCING IN THE UNITED STATES IS A NATIONAL PROBLEM. THE COSTS OF INCARCERATION ARE A MAJOR DRAIN ON NOT ONLY STATE RESOURCES BUT ON LOCAL GOVERNMENT RESOURCES. OUR SISTER STATE OF NORTH CAROLINA TOOK A HARD LOOK AT ITS SENTENCING LAWS 10 YEARS AGO. IF WE FOLLOWED NORTH CAROLINA’S APPROACH, THE RESULT COULD BE STRONGER AND MORE CONSISTENT SENTENCING FOR REPEAT OFFENDERS AND REDUCED COSTS BY USING ALTERNATIVES TO INCARCERATION FOR NON-VIOLENT OFFENDERS.

HOW CAN WE IMPLEMENT REAL REFORM? THIS GENERAL ASSEMBLY SHOULD LEAD THE WAY. YOU MUST BRING TOGETHER ALL STAKEHOLDERS FROM THE COURTS, VICTIMS, LAW ENFORCEMENT, AND ALL OTHERS. YOUR LEADERS SHOULD INCLUDE NOT JUST JUDICIARY COMMITTEE MEMBERS, BUT ALSO LEADERS FROM THE FINANCE AND WAYS & MEANS COMMITTEES. I HAVE INITIATED CONVERSATION ABOUT THIS ISSUE WITH CHAIRMEN MCCONNELL AND HARRISON, AS WELL AS SUB-COMMITTEE CHAIR ANNETTE YOUNG, AND REPRESENTATIVES COBB-HUNTER AND SIMRILL. I WILL SHORTLY BE APPROACHING CHAIRMAN LEATHERMAN AND HIS SENATE COLLEAGUES. THIS ISSUE HAS PROFOUND PUBLIC SAFETY AS WELL AS ECONOMIC IMPACTS. THE DISCUSSION CANNOT JUST FOCUS ON COURTS OR CORRECTIONS; IT MUST BE A BROAD-BASED POLICY EXAMINATION. SENATOR MALLOY’S CRIMINAL JUSTICE TASK FORCE HAS A BILL PENDING IN THE HOUSE WHICH COULD BE THE VEHICLE FOR EXAMINING THIS ISSUE. I PLEDGE THE FINANCIAL SUPPORT OF THE JUDICIAL BRANCH TO STAFF THIS EFFORT.

FAMILY COURT REFORM

TURNING AGAIN TO FAMILY COURT FOR A MOMENT, THE VAST MAJORITY OF CHILD SUPPORT CASES IN FAMILY COURT – MATTERS THAT TAKE UP SO MUCH OF OUR DOCKET – INVOLVE CASES BROUGHT BY THE DEPARTMENT OF SOCIAL SERVICES. THE SUPPORT THAT IS ORDERED DOES NOT GO TO MOTHERS, IT GOES TO THE DEPARTMENT OF SOCIAL SERVICES. THE FEDERAL GOVERNMENT REQUIRES DSS TO COLLECT THIS MONEY TO OFFSET THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) THAT IS PAID. WE ARE SPENDING AN ENORMOUS AMOUNT OF TIME COLLECTING THAT MONEY TO SEND IT TO DSS, BUT WE HAVE GOT TO DO IT OR WE LOSE FEDERAL DOLLARS.

OUR FAMILY COURT SYSTEM IS DROWNING IN THESE CASES AND IN ABUSE AND NEGLECT CASES, AND SOME OF THE BIGGEST COMPLAINTS I HEAR ABOUT FAMILY COURT ARE FROM INDIVIDUALS IN DIVORCE, CHILD CUSTODY, VISITATION, AND ALIMONY CASES THAT CAN’T GET A TIMELY HEARING. I KNOW YOU HEAR THEIR VOICES TOO.

THE FAMILY COURT STUDY WHICH WAS MADE TWO YEARS AGO RECOMMENDED THE USE OF VOLUNTEER HEARING OFFICERS IN FAMILY COURT AND MANDATORY MEDIATION IN FAMILY COURT FOR CUSTODY, VISITATION, AND EQUITABLE DIVISION MATTERS. THIS ONE INITIATIVE WOULD NOT COST YOU A NICKEL AND YOU COULD EXPERIMENT AND SEE IF IT WORKS. THE OTHER INITIATIVE WOULD COST YOU MODESTLY, BUT I GUARANTEE YOU THE PAY-OFF WOULD BE TREMENDOUS IN TERMS OF FREEING UP THESE FAMILY COURT JUDGES.

INDIGENT DEFENSE

THIS GENERAL ASSEMBLY MADE A MAJOR BREAKTHROUGH LAST YEAR IN REFORMING OUR INDIGENT DEFENSE SYSTEM. AS YOU KNOW, THE UNITED STATES CONSTITUTION REQUIRES THAT ANY PERSON FACING A SERIOUS CRIMINAL CHARGE BE AFFORDED LEGAL COUNSEL. THE VAST MAJORITY OF CRIMINAL DEFENDANTS IN SOUTH CAROLINA AND ACROSS THE NATION ARE INDIGENT. WITH THE APPOINTMENT OF PATTON ADAMS AS DIRECTOR AND THE RESTRUCTURING OF THE PUBLIC DEFENDER SYSTEM, YOU HAVE CREATED A BUSINESS PROCESS WHICH IS ALREADY BEING HAILED NATIONALLY AS A PRACTICAL, NO FRILLS, WELL-RUN SOLUTION TO THIS MONUMENTAL PROBLEM. HALF OF THE CIRCUITS HAVE THIS STATE-OF-THE-ART SYSTEM IN PLACE. THE REMAINING CIRCUITS SHOULD BE FUNDED THIS YEAR.

TECHNOLOGY JOURNEY

THE SIGNATURE BUSINESS TOOL OF MY ADMINISTRATION AS YOUR CHIEF JUSTICE HAS BEEN THE CREATION OF AN INTERNET-BASED WAY OF MANAGING COURT BUSINESS AND IMPROVING USER AND PUBLIC ACCESS TO THE COURTS. WE NOW HAVE WEB-BASED AUTOMATION EFFORTS UNDERWAY IN EACH LEVEL OF SOUTH CAROLINA’S COURTS. THE BASIC ACCESS FORMAT IS THE JUDICIAL DEPARTMENT WEB SITE AND THE WEB SITES FOR EACH OF THE 46 COUNTY CLERKS OF COURT. OUR WEB SITE HAS RECENTLY BEEN COMPLETELY REDESIGNED TO BE A HIGHLY EFFICIENT AND VALUABLE GATEWAY TO THE COURT SYSTEM’S RESOURCES.

BY THE SPRING OF THIS YEAR, 57% OF THE TOTAL STATE CASELOAD WILL BE MANAGED BY OUR STATE COURT CASE MANAGEMENT SYSTEM. THIS SYSTEM IS NATIONALLY RECOGNIZED, AND WE CONTINUE TO DEVELOP AND DEPLOY IT PRIMARILY WITH FEDERAL GRANTS.

SOLICITOR CASE MANAGEMENT

SOUTH CAROLINA IS THE ONLY STATE IN THE NATION IN WHICH THE CRIMINAL DOCKET IS CONTROLLED BY THE PROSECUTOR. PUBLIC HEARINGS 2 YEARS AGO REVEALED THE CRITICAL NEED FOR A STATEWIDE STANDARD FOR MANAGING THESE DOCKETS. THE OLD ROLL-CALL SYSTEM IS AN UTTERLY OUTMODED WAY OF DISPOSING OF THE ENORMOUS BACKLOGS THAT PUT AN EVER-INCREASING STRANGLEHOLD ON OUR CRIMINAL DOCKETS.

IN ORDER TO GET A STATEWIDE STANDARD IN PLACE, EACH OF THE 16 CIRCUIT SOLICITORS SIGNED A CONSENT ORDER ISSUED BY ME LAST SPRING AGREEING TO UTILIZE A DIFFERENTIATED CASE MANAGEMENT SYSTEM WHICH SETS BENCHMARKS AND DEADLINES FOR DISPOSITION OF ALL CASES. THE JUDICIAL DEPARTMENT OBTAINED GRANTS AND HELPED THE SOLICITORS DESIGN A SOFTWARE SYSTEM TO IMPLEMENT CASE MANAGEMENT FOR CRIMINAL CASES. THIS SYSTEM IS ALMOST 65% DEPLOYED. I AM USING TARGETED ASSIGNMENTS OF EXPERIENCED AND SENIOR STATUS CIRCUIT JUDGES TO MOVE THE BACKLOG. PARTICULAR THANKS TO JUDGE HOWARD KING, JUDGE ED COTTINGHAM, AND JUDGE ERNEST KINARD FOR TACKLING SOME OF OUR MOST BACKLOGGED CIRCUITS.

BAR EXAMINATION

NOW I WANT TO TURN TO THE SOUTH CAROLINA BAR EXAMINATION PROCESS, WHICH HAS BEEN THE SUBJECT OF SOME CONTROVERSY. ON BEHALF OF MY COURT, I WANT TO SPEAK TO YOU DIRECTLY, UNFILTERED BY THE GLOSS OF OTHERS.

EACH OF US IN THIS ROOM LIVES OUR LIVES AND RAISES OUR FAMILIES IN A SMALL STATE WHERE WE KNOW EACH OTHER WELL. UNLIKE LIFE IN A LARGE ANONYMOUS PLACE, WE PRIZE A LIFE OF RICH AND ENDURING PERSONAL RELATIONSHIPS. THE LEGAL PROFESSION IN OUR BELOVED STATE IS NATIONALLY RECOGNIZED FOR THE CIVILITY, DECENCY, AND INTEGRITY OF OUR APPROACH TO PRACTICE.

IN OTHER JURISDICTIONS, A LAWMAKER MIGHT NEVER MEET THE MEMBERS OF THE STATE’S HIGHEST COURT. IN SOUTH CAROLINA, YOU SEE JEAN TOAL, JIM MOORE, JOHNNIE WALLER, COSTA PLEICONES, AND DON BEATTY AMONGST YOU REGULARLY. OUR BENCH IS THE SMALLEST PER CAPITA OF ANY IN THE COUNTRY. YOU KNOW US VERY WELL.

OUR COURT HAS ISSUED SEVERAL STATEMENTS CONCERNING THE RESULTS OF THE JULY 2007 BAR EXAM. I CAN’T IMPROVE ON WHAT WE HAVE SAID AS A COURT, BUT I WANT YOU TO HEAR DIRECTLY FROM ME WHAT WE DID AND WHY.

IN THE UNITED STATES LAWYERS ARE LICENSED TO PRACTICE LAW SEPARATELY BY EACH OF THE STATES AND THE DISTRICT OF COLUMBIA. THE CRITERIA FOR THESE LICENSURES ARE SET BY THE HIGHEST COURT OF EACH STATE.

OUR THREE-DAY BAR EXAMINATION CONSISTS OF A ONE-DAY NATIONAL EXAMINATION AND A SIX-PART, TWO-DAY ESSAY EXAMINATION DEVELOPED AND ADMINISTERED BY SOUTH CAROLINA LAWYERS, THE BOARD OF BAR EXAMINERS.

THE EXAMINEES ARE IDENTIFIED TO THE BAR EXAMINERS ONLY BY NUMBER. THE KEY TO THE EXAMINEE NUMBERS IS AVAILABLE ONLY TO THE CLERK OF THE SUPREME COURT AND HIS BAR EXAMINATION STAFF.

THE BAR EXAMINERS SUBMIT THEIR RESULTS BY NUMBER TO THE CLERK, WHO THEN TABULATES ALL SECTIONS, CERTIFIES THE FINAL RESULTS, AND NOTIFIES THE EXAMINEES. AN EXAMINEE MUST PASS SIX OF THE SEVEN SECTIONS AND MEET A MINIMUM SCORE ON THE NATIONAL EXAM IN ORDER TO PASS THE BAR EXAMINATION.

ON OCTOBER 27, 2007, THE JULY RESULTS WERE RELEASED. ABOUT A WEEK AFTER RESULTS OF THE JULY EXAM WERE CERTIFIED AND RELEASED, ONE OF THE EXAMINERS RECHECKED HIS RESULT REPORTS AND DISCOVERED TO HIS HORROR THAT HE HAD INCORRECTLY TRANSPOSED SEVERAL LINES AND THUS REPORTED AS PASSING AN EXAMINEE WHO HAD FAILED HIS SECTION.

WHEN THE CLERK WAS NOTIFIED, HE CHECKED THE CONSOLIDATED LIST AND DISCOVERED THAT THIS EXAMINEE HAD FAILED ANOTHER SECTION OF THE EXAM. HE PLACED THIS PROBLEM BEFORE ME AND I CONVENED OUR COURT TO DISCUSS IT THE NEXT MORNING. AS WE SAW IT, WE HAD THREE UNPALATABLE CHOICES:

WE QUICKLY DECIDED THAT DOING NOTHING WOULD POTENTIALLY TREAT THIS EXAMINEE DIFFERENTLY FROM ALL OTHERS WHO FAILED THE WILL & TRUSTS SECTION. WE FINALLY DETERMINED TO DISCARD THE RESULTS OF THE SECTION. THIS HAD THE EFFECT OF ADMITTING ADDITIONAL EXAMINEES.

AS WE DELIBERATED THIS MATTER, WE HAD NO INFORMATION ABOUT THE IDENTITY OF THE EXAMINEES OR THEIR LAW SCHOOL.

YOU MIGHT HAVE MADE THIS DECISION DIFFERENTLY, BUT ONE THING OF WHICH YOU CAN BE ABSOLUTELY SURE IS THIS – YOUR SUPREME COURT MADE THIS DECISION WITH THE SOLE MOTIVATION OF TRYING TO BE FAIR. WE ARE PEOPLE OF DECENCY AND HONOR AND WE MUST HAVE THE ABILITY TO MAKE DECISIONS WITHOUT FEAR OR FAVOR. JUDICIAL INDEPENDENCE IS THE BEDROCK OF OUR PROFESSION.

THERE ARE NOW BILLS INTRODUCED TO AMEND OUR SOUTH CAROLINA CONSTITUTION TO PLACE RESPONSIBILITY FOR THE ADMISSION TO PRACTICE AND REGULATION OF LAWYERS AND JUDGES IN THE LABOR, LICENSING AND REGULATIONS BOARD. NO OTHER STATE LICENSES OR DISCIPLINES ITS LAWYERS BY USE OF AN EXECUTIVE BRANCH BOARD. I BELIEVE THE PRESENT SYSTEM WORKS WELL. CAN OUR SYSTEM OF BAR EXAMINATION AND DISCIPLINE BE IMPROVED? OF COURSE! INCREASED AUTOMATION WILL RECEIVE ACCELERATED ATTENTION SO THAT WE NEVER HAVE A REPEAT OF THIS YEAR’S SCORE REPORTING ERROR.

AS I ANNOUNCED LAST YEAR AT THIS TIME, SOUTH CAROLINA HAS APPLIED TO THE AMERICAN BAR ASSOCIATION FOR AN EVALUATION BY ITS SPECIALISTS OF OUR SYSTEM FOR LAWYER AND JUDICIAL DISCIPLINE. OUR APPLICATION WAS ACCEPTED LAST SUMMER, AND THE ABA TEAM WILL BEGIN ITS WORK THIS MARCH. IN THE MEANTIME, YOUR VERY EVIDENT SUPPORT FOR OUR COURT AND OUR WORK AND YOUR PERSONAL WARMTH AND AFFECTION IS A WIND AT OUR BACK.

CONCLUSION

THE FACE OF THE FUTURE OF OUR NATION IS MY PATRICK. TODAY, HE AND HIS BIG MAMA ARE USING THE COMPUTER TO CHECK UP ON BOB THE BUILDER AND THE BACKYARDIGANS. TOMORROW, HE’LL USE GOD’S GIFT OF LOVE AND HIS ABILITY TO CREATE THE FUTURE.