Judicial Merit Selection Commission s1

JUDICIAL MERIT SELECTION COMMISSION

PUBLIC HEARINGS ON JUDICIAL QUALIFICATIONS

VOLUME I

TUESDAY, DECEMBER 6, 2005

GRESSETTE SENATE OFFICE BUILDING

COLUMBIA, SOUTH CAROLINA

COMMENCING AT 9:45 a.m.

REPORTED BY: SHERI L. BYERS,

REGISTERED PROFESSIONAL REPORTER

MEMBERS IN ATTENDANCE:

SENATOR JAMES H. RITCHIE, JR. (CHAIRMAN)

REPRESENTATIVE F.G. DELLENEY, JR. (VICE CHAIRMAN)

SENATOR ROBERT FORD

SENATOR RAY CLEARY

PROFESSOR JOHN FREEMAN

MRS. AMY J. MCLESTER

REPRESENTATIVE DOUG SMITH

REPRESENTATIVE FLETCHER N. SMITH, JR.

JUDGE CURTIS G. SHAW

MR. RICHARD S. "NICK" FISHER

COUNSEL PRESENT:

JANE O. SHULER, CHIEF COUNSEL

S. PHIL LENSKI, ESQUIRE

J.J. GENTRY, ESQUIRE

(COUNSEL FOR THE SENATE)

MIKELL C. HARPER, ESQUIRE

TRACEY C. GREEN, ESQUIRE

BRADLEY S. WRIGHT, ESQUIRE

(COUNSEL FOR THE HOUSE OF REPRESENTATIVES)

ALSO PRESENT:

GAYLE ADDY

PATRICIA MILLER

SEN. RITCHIE: Good morning, everyone. I think we have nearly everyone here. I understand Representative Smith is going to join us shortly.

I would like to welcome everybody this morning. It's an honor to serve as your chairman this round. It's been a pleasure to be with you for the last five years, and I look forward to working with you as chairman for the next few days and then to turn it over to the vice chairman for 2006 in the house rotation. I'm confident it's going to be a good next few years.

There are some new members of the commission that I want to introduce to everyone this morning. To my left is Senator Cleary, senator from Georgetown who has just joined us. Glad to have him with us. And on my right is senator from Charleston, Senator Ford.

This commission has enjoyed an enormous impact on the quality and the strength of the judiciary since its inception. And in addition to lots of folks working over the past couple of years on it, Senators Moore and Chairman McConnell, I think we owe them a great deal of gratitude for their leadership and their constancy in making sure this functions well. But there's another person I would like to recognize who has been instrumental in the success of this commission and that's Gayle Addy. Gayle is over here to our left. And this is her last round as the commission chairwoman, head staffer. And, Gayle, I can't thank you enough for all your help, your tutelage, your quiet, steady hand and the grace in which you have handled all the candidates and all of us over the last few years. You will be greatly missed.

We also have a few new staff folks with us this year. I want to introduce them. I think many of you know Jane Shuler to my left. Jane has been with the judiciary committee or three years -- four years. And between chasing her son and now getting her degree, graduating MBA?

MS. SHULER: Master's in counseling, marriage and family.

SEN. RITCHIE: This is a good place for you to do that. But Jane will be heading up all the staff going forward. And we also want to introduce some more folks to us and they are to my left behind me. Tracey Green who is chief counsel to the House Judiciary Committee. Mikell Harper who is counsel to the speaker. Glad to have him. Bradley, thank you very much for all your work. I know you've had some serious family tragedy over the last couple of weeks. And Jane has told me you've just been remarkable. We thank you very much and our sympathies go with you and your family. And Tricia Miller. Tricia is the new administrative assistant. Tricia is going to be with us. So we have a fairly new team working this year and it's going to be great. You all know J.J. and you know Phil who has been with us for a couple of years on this.

I would like to at this point before we go into further discussions of the work, let's go into executive session if we could. I will entertain a motion to go into executive session.

REP. DOUG SMITH: So moved.

SEN. RITCHIE: Second moved?

REP. FLETCHER SMITH: Second.

JUDGE SHAW: Second.

SEN. RITCHIE: So all in favor say aye. Any opposed?

SEN. RITCHIE: Great. We're now in executive session. Ronnie, if you will clear the room, please.

(The Members went into Executive Session.)

REP. DOUG SMITH: And I move that, Senator, that we can at least assist those that have absolutely no negative references at all in hopefully being able to get some bench time or chamber time tomorrow instead of having to be here, that we move -- that we waive the public hearing for those. Those that have any negative references that we at least give them an opportunity to

be here for any discussions that we might have on that and allow them to reschedule tomorrow so that they can be here and hopefully in a timely way and we can be out of here.

SEN. RITCHIE: Does everyone understand the motion that anyone who has no adverse comments be waived tomorrow?

PROF. FREEMAN: Second.

SEN. RITCHIE: All in favor say aye. Any opposed?

Let the record reflect it's a unanimous decision. And the staff will notify the judges appropriately and put the schedules together to meet that. If you will just let us know at the end of the day what the new schedule will be.

MS. SHULER: I will.

SEN. RITCHIE: Thank you. Good morning.

MR. COTHRAN: Good morning.

SEN. RITCHIE: The Judicial Merit Selection Commission is called pursuant to Chapter 19 of Title 2 of the South Carolina Code of Laws requiring the review of candidates for judicial office. The function of the commission is not to choose between candidates, but rather to declare whether or not the candidates who offer for portions to the bench are in our judgment qualified to fill the positions. The inquiry we undertake is a thorough one. It is centered around the commission's nine evaluative criteria. It involves a complete personal and professional background check on every candidate. These public hearings are convened for the purpose of screening candidates for the following positions: A vacancy on the Supreme Court, a vacancy on the Court of Appeals, 13 vacancies on the Circuit Court, a vacancy on the Family Court, a vacancy on the Equity Court, a vacancy on the Administrative Law Court, and two retired circuit judges.

Before us this morning, first, is Ralph Ferrell Cothran, Jr. He is a Circuit Court candidate for the Third Judicial Circuit, seat one. Welcome.

MR. COTHRAN: Thank you.

SEN. RITCHIE: If you would, raise your right hand so you can be sworn in this morning.

BY SEN. RITCHIE:

Q. Have you had the opportunity to review the personal data questionnaire, Mr. Cothran?

A. Yes.

Q. Is it correct and do you need any changes?

A. It's correct.

Q. Do you object to our making that document a part of the record of your sworn testimony?

A. No.

Q. It will be done at this point in the transcript.

PERSONAL DATA QUESTIONNAIRE

Court, Position, and Seat # for which you are applying:

Circuit Court, Third Judicial Circuit, Seat 1

NAME: Mr. Ralph Ferrell Cothran, Jr.

BUSINESS ADDRESS: Post Office Drawer 700,Manning, S.C. 29102

E-MAIL ADDRESS:

TELEPHONE NUMBER: (office): (803) 435-0135

2. Date of Birth: 1952

Place of Birth: Clarendon County

3. Are you a citizen of South Carolina? Yes.

Have you been a resident of this state for at least the immediate past five years? Yes.

AMENDED 5. Family Status: Married on April 12, 1985 to Deborah Jean Brakefield Cothran.

Divorced on October 30, 1983; R. Ferrell Cothran, Jr., Family Court of the Third Judicial Circuit; 1 year separation. AMENDED: Three children.

Have you served in the military? No.

7. List each college and law school you attended, including the dates of your attendance, the degrees you received, and if you left an institution without receiving a degree, the reason for your departure.

University of South Carolina 1970 – 1974, Bachelor of Arts Degree;

University of South Carolina School of Law 1974 – 1977, Juris Doctor Degree.

8. List the states in which you have been admitted to practice law and the year of each admission. Also list any states in which you took the bar exam, but were never admitted to the practice of law. If you took the bar exam more than once in any of the states listed, please indicate the number of times you took the exam in each state.

South Carolina, 1977

9. List the significant activities in which you took part during your attendance at college, graduate, and law school. Give the dates you were involved in these activities and list any leadership positions you held.

Page in the State House 1970-1977

10. Describe your continuing legal or judicial education during the past five years. Include only the title and date of any continuing legal or judicial education course completed.

(a) Planning and Zoning, August 23, 2005

(b) Association of Counties, July 2005

11. Have you taught law-related courses or lectured at bar association conferences, educational institutions, or continuing legal or judicial education programs? If so, briefly describe each course or lecture.

Since I prosecuted the first Auto Theft and Chop Shop in South Carolina, I conducted a course (over a 5 year period) at the Criminal Justice Academy in regards to Auto Theft and Chop Shop Law.

12. List all published books and articles you have written and give citations and the dates of publication for each. N/A

13. List all courts in which you have been admitted to practice and list the dates of your admission. Give the same information for administrative bodies that require a special admission to practice.

South Carolina 1977

Federal 1995

14. Describe chronologically your legal experience since graduation from law school and include a list of all law firms with which you have been associated. Describe the general character of your practice and divide it into periods with dates if its character has changed over the years.

After my completion of the Bar examination in 1977, I began working with my father in his practice of law Cothran, Chandler & Cothran. In the early 80’s, it became the firm of Cothran & Cothran with Ray E. Chandler, Jr. leaving the firm. Scott Robinson joined the firm after my father was elected Probate Judge for Clarendon County and it became the firm Cothran & Robinson. My practice consisted of Real Estate, Family, Civil and Criminal matters.

I became the County attorney in 1979 and I have served as County attorney since that time.

In 1983, I was appointed by Wade S. Kolb, Jr., Solicitor of the Third Circuit as the Assistant Solicitor for Clarendon County and have been a prosecuting attorney since that appointment.

Being an Assistant Solicitor, I have had experience in the courtroom for the past 23 years and have covered cases ranging from DUI –2nd offenses to Death Penalty cases. Being County attorney, I have also had experience in civil actions, most of which has been settled prior to trial.

Richard Coker vs. Sullivan Auto & Fugua Industries, Inc., Case No.: 88-CP-14-111.

I was associate counsel with the firm of Nelson Mullins to defend Snapper in an action brought where a 13 year old had his foot cut off. The case last two weeks and I took part in the closing arguments and the jury came back with an “0” verdict.

Roy Walker vs. J. Reid Boylston, III, Don M. Houck & Lawyers Title Insurance Company, Case No.: 01-CP-38-75.

This case involved a Title Insurance Company. My client purchased several tracts of land and found out afterwards that one of the tracts of land did not exist. I brought an action against the Title Insurance Company and the sellers. We had a number of hearings and depositions before the case was finally settled.

15. What is your rating in Martindale-Hubbell? BV

16. What was the frequency of your court appearances during the last five years?

(a) federal: none

(b) state: 11 weeks per year

17. What percentage of your practice involved civil, criminal, and domestic matters during the last five years?

(a) civil: 5%

(b) criminal: 85%

18. What percentage of your practice in trial court during the last five years involved matters that went to a jury?

(a) jury: 95%

(b) non-jury: 5%

Did you most often serve as sole counsel, chief counsel, or associate counsel in these matters? Yes.

19. List five of the most significant litigated matters that you have personally handled in either trial or appellate court or before a state or federal agency. Give citations if the cases were reported and describe why these matters were significant.

(a) State v. Anthony Woods, Case No. 04-GS-14-35

Anthony Woods was charged with Burglary 1st Degree, Criminal Sexual Conduct 1st Degree, Assault and Battery w/ Intent to Kill in which he broke in on a woman who was 80 years old and raped and beat her. He was convicted on all counts and sentenced to life without the possibility of parole. We are now in the process of seeking the Death Penalty on other charges.

(b) State v. Benjamin and Betty Mims, Case No.96-GS-14-115

This case involved a husband and wife who was charged with Lynching in the 2nd Degree and Assault and Battery of a High and Aggravated Nature. They were white and accused of lynching a young black male. This case created huge racial tension and international coverage. They were convicted of Assault and Battery of a High and Aggravated Nature.

Robert Conyers was a 16 year old serial killer who was charged with 2 counts of Murder, CSC, Burglary 1st and Assault and Battery with Intent to Kill. The State sought the Death Penalty. He pled guilty to the charges. The State tried the sentencing phase and he was sentenced before the Honorable Duane M. Shuler to the Death Penalty.