JUDICIAL MERIT SELECTION COMMITTEE
EVALUATION OF CANDIDATES BY COMMITTEE MEMBERS
PUBLIC HEARINGS ON JUDICIAL QUALIFICATIONS
VOLUME I
TUESDAY, APRIL 18, 2006
THIRD FLOOR, STATE HOUSE
COLUMBIA, SOUTH CAROLINA
COMMENCING AT 10:07 a.m.
REPORTED BY: SHERI L. BYERS,
REGISTERED PROFESSIONAL REPORTER
MEMBERS IN ATTENDANCE:
REPRESENTATIVE F.G. DELLENEY, JR. (CHAIRMAN)
SENATOR JAMES H. RITCHIE, JR. (VICE-CHAIRMAN)
SENATOR ROBERT FORD
SENATOR RAY CLEARY
PROFESSOR JOHN FREEMAN
MRS. AMY J. MCLESTER
JUDGE CURTIS G. SHAW
MR. RICHARD S. "NICK" FISHER
COUNSEL PRESENT:
JANE O. SHULER, CHIEF COUNSEL
J.J. GENTRY, ESQUIRE (FOR THE SENATE)
MIKELL C. HARPER, ESQUIRE
TRACEY C. GREEN, ESQUIRE
BRADLEY S. WRIGHT, ESQUIRE
(FOR THE HOUSE)
ALSO PRESENT:
TRICIA MILLER
REP. DELLENEY: We'll bring Judge Strickland in. Good morning, Judge Strickland.
JUDGE STRICKLAND: Good morning. How are you?
REP. DELLENEY: We are now convening the Judicial Merit Selection Commission hearing this day, Tuesday, April 18th, 2006. The Judicial Merit Selection Commission is called pursuant to Chapter 19, pursuant to the South Carolina Code of Law requiring the view of all candidates for judicial office. The function of the commission is not to choose between candidates but rather to declare whether or not the candidates that offer for a position on the bench are in our judgment qualified to fill the position. The inquiry we undertake is a thorough one. It is centered around the commission's nine evaluative criteria and involves a complete and personal and professional background check on every candidate. These public hearings are convened for the purpose of screening candidates for the following position. There are two vacancies vacancy: One, a vacancy on the circuit court at large, seat nine, and a vacancy on the administrative law court seat, number five. First, we have before us the Honorable Joseph M. Strickland, who I believe is currently a Master-in-Equity here in Richland County.
JUDGE STRICKLAND: Yes, sir.
REP. DELLENEY: And he seeks a judicial position for circuit court seat at large, number nine. If you would, Judge Strickland, raise your right hand to be sworn.
BY REP. DELLENEY:
Q. Do you solely swear to tell the truth, the whole truth, and nothing but the truth so help you God?
A. I do.
Q. Thank you, Judge Strickland. Have you had an opportunity to review the personal data questionnaire?
A. Yes, sir.
Q. Is that correct?
A. Yes, sir.
Q. Do you object to our making the summary a part of the record of your sworn testimony?
A. I have no objection.
Q. It will be done so at this point in this transcript.
PERSONAL DATA QUESTIONNAIRE
Court, Position, and Seat # for which you are applying:
Judge of the Circuit Court, At-Large, Seat #9
1.NAME:Mr. Joseph Monroe Strickland
BUSINESS ADDRESS:Post Office Box 192, Columbia, SC 29202-0192
E-MAIL ADDRESS:
TELEPHONE NUMBER: (office): 803-576-1903
2.Date of Birth: 1955
Place of Birth: Abbeville, South Carolina
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.
5.Family Status: Married on May 6, 1995 to Karen Ann Grogan Strickland.
Never divorced; One child.
6.Have you served in the military? If so, give the dates, branch of service, highest rank attained, serial number, present status, and the character of your discharge or release.
United States Army Reserve, 1977 thru 1985, 1st Lt., XXXXXXXXXX, Resigned
Commission in 1997, Honorable Discharge.
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.
Princeton University, 1973-1977, A.B.
Vanderbilt University School of Law, 1977-1978, 1979-1981, J.D.
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.
District of Columbia, 1984; South Carolina, 1985. Took bar exam but never admitted in New York. Took bar exam in District of Columbia three times.
Passed South Carolina bar exam upon the first attempt.
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.
Princeton University, Vice-President of the Undergraduate Student Government.
1976-1977; Army ROTC Corps Adjutant, 1975-1977; Saxophone player in the
Triangle Club Orchestra and the University Jazz Ensemble.
Vanderbilt University School of Law; University Committee on Alumni Education,
1979-1981; Black Law Student’s Regional Moot Court Team, Winner “Best Brief”
Award, 1981.
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)I have attended all mandatory CLE and have exceeded judicial CLE requirements: Appellate Advocacy, January 2001;
Statewide Meeting, January 2001;
The Art of Argument, March 14, 2001;
The New Federal Rules, October, 2001;
Master-In-Equity Bench/Bar, October, 2001;
Ethical Issues in Dealings with ?, January , 2002;
Master-In-Equity, February, 2002;
2002 Annual Convention, August, 2002;
2002 South Carolina Title, September, 2002;
Master-In-Equity Bench Bar, October, 2002;
Annual Statewide Meeting, January, 2003;
Judicial Conference, August, 2003;
Mortgage Foreclosure, August, 2003;
Civility and Professionalism, September, 2003;
Class Actions, October, 2005;
Master-In-Equity Bench/Bar, October, 2005;
Mathew J. Perry, April, 2004;
2004 Annual Meeting, February, 2004;
Judicial Conference, August, 2004;
Revised Lawyer’s Oath CLE (JBOIC), August, 2004;
Judicial Oath of Office, August, 2004;
2004 Master-In-Equity Bench/Bar, October, 2004;
2005 Annual Meeting, February, 2005.
(b)I have fully complied with judicial continuing legal education requirements.
(c)In 1992, JCLE requirements were waived due to budget constraints. I would
Have complied anyway due to hours carried over from attendance at the
National Judicial College in Reno, Nevada in 1990 and 1991.
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.
Guest Lecturer “Bridge the Gap” 1994-present.
Guest Lecturer USC Law School, Courses in Legislation, Fall 1989 and Fall 1990
and S.C. Trial and Appellate Practice, Fall 1992.
12.List all published books and articles you have written and give citations and the dates of publication for each.
Op-Ed piece, The State, June 18, 1997.
Op-Ed piece, The Columbia Record, late 1980’s, unable to locate.
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.
District of Columbia Court of Appeals, June 25, 1984;
Supreme Court of South Carolina, November 21, 1985;
U.S. Court of Appeals, Fourth Circuit, July 29, 1985;
U.S. District Court of South Carolina, January 3, 1986;
U.S. Supreme Court, June 27, 1997.
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.
The undersigned candidate graduated from Princeton University in Princeton, New Jersey in 1977 which is ranked by U.S. News and World Report as one of the nation’s best national universities. In 1981, the undersigned graduated from the Vanderbilt University School of Law in Nashville, Tennessee, which is ranked by U.S. News and World Report as one of the nation’s best law schools.
My first job after law school was in the United States Senate. I was appointed Second Assistant Parliamentarian by the Secretary of the Senate upon the recommendation of the majority leader, The Honorable Howard H. Baker, Jr. This job facilitated exposure to the legislative process. I became an expert on the rules and procedures of the United States Senate. Sometimes, I helped Senators and staff draft legislation to comply with procedural requirements. I referred all bills and communications from the President to the appropriate committee on behalf of the Vice-President who is the President of the Senate. I left the job to work for a few months as an assistant to a member of the Consumer Product Safety Commission. In 1984, my next job was in Columbia, South Carolina as a Clerk for U.S. District Judge Matthew J. Perry, Jr. This job facilitated exposure to many aspects of the federal judicial system. I prepared the Judge for hearings, trials, sentencing hearings and pleas in civil and criminal cases. Serving as a law clerk for a federal judge is the best preparation for future service on the bench that I can think of. Most members of the Bar do not have this credential.
Nelson, Mullins, Riley and Scarborough offered me a job while I was clerking for Judge Perry. The firm had 50 lawyers when I joined it as an associate in 1985. There, I practiced primarily in the area of products liability and commercial litigation. Much of my time was spent on a massive toxic tort case involving AT&T Nassau Metals. More than 300 plaintiffs complained of health problems from fumes emanating from a copper recycling plant. Later, I spent a lot of time working on a series of cases brought against CFW Construction Company, Inc. involving alleged bid rigging and alleged violations of federal anti-trust law. Much of my time was devoted to smaller breach of warranty cases for General Motors Corporation. During my last year with the firm, I focused on defending claims brought before the Workers’ Compensation Commission. I worked at the firm until 1989.
As Master-in-Equity I can hear any civil non-jury case. I have been exposed to commercial contract disputes, environmental cases, labor law cases, and a wide variety of foreclosure and real estate cases. As special Circuit Court Judge, I hear motions in jury cases and generally assist with the non-jury docket.
Please note the undersigned passed Bar examinations in Washington, D.C. and South Carolina. Most attorneys are not licensed in multiple jurisdictions.
If you are a judge and are not seeking a different type of judgeship, the following questions are inapplicable:
(a)If you are a candidate for Family Court, please provide a brief written description of your experience within each of the following Family Court practice areas: divorce and equitable division of property, child custody, adoption, abuse and neglect, and juvenile justice. Include information about cases you have handled in each of these practice areas, or if you have not practiced in an area, describe how your background has prepared you to preside over such matters as a Family Court Judge. Not applicable.
(b)If you are a candidate for Circuit Court, please provide a brief written description of your experience in criminal matters, including any cases handled over the past five years and include a brief description of the issues involved. Further, please provide a brief written description of your experience in civil matters, including any cases handled over the past five years and include a brief description of the types of matters handled, issues involved, and procedural history. Please include information such as the primary areas in civil court in which you practice, whether you represent plaintiffs or defendants, or both. You may go back farther than five years if you feel it would assist the Commission with its assessment of your experience. If you lack experience in an area, describe how your background has prepared you to preside over such matters as a Circuit Court Judge, or how you would compensate for your lack of experience in this area.
My primary experience in criminal matters came as clerk for U.S. District Judge Matthew J. Perry. I was exposed to all aspects of the federal criminal system. Additionally, in private practice, I handled PCR’s and civil cases for inmates which required competency in criminal law. As Master-in-Equity and Special Circuit Judge, I have heard many cases involving lawsuits by inmates. These cases required competency in criminal law.
Most of my experience has involved civil cases. As a clerk for Judge Perry, I was exposed to a wide variety of civil cases. In private practice, I focused on products liability and commercial litigation. I also handled workers’ compensation cases.
As Master-in-Equity and Special Circuit Judge, I hear any civil non-jury matter assigned to me by a Circuit Court Judge. Additionally, I hear motions in jury cases. I plan to hire a law clerk with expertise in criminal law.
(c)If you are a candidate for Master-In-Equity, please provide a brief written description of your experience in the Master’s court, including any cases handled over the past five years and include a brief description of the issues involved. Please include the frequency of your appearances before a Master-In-Equity.
Not applicable.
(d)If you are a candidate for Administrative Law Judge, please provide a brief written description of your experience before an Administrative Law Judge, including any issues discussed and the frequency of your appearances before the Administrative Law Judge Division. Not applicable.
15.What is your rating in Martindale-Hubbell?
I was an associate at Nelson, Mullins, Riley and Scarborough which is an AV rated firm.
If a candidate is seeking a judgeship different than his or her current position, Questions 16-21 should be answered based on experience prior to serving on the bench. Retired judges/justices and judges/justices applying for reelection to their current position may omit Questions 16-21
16.What was the frequency of your court appearances during the last five years?
(a)federal:weekly;
(b)state:quarterly.
17.What percentage of your practice involved civil, criminal, and domestic matters during the last five years?
(a)civil:95%;
(b)criminal: 2.5%;
(c)domestic:2.5%.
18.What percentage of your practice in trial court during the last five years involved matters that went to a jury?
(a)jury:25%;
(b)non-jury:75%.
Did you most often serve as sole counsel, chief counsel, or associate counsel in these matters?
Associate Counsel.
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)Blue Ribbon Taxicab Association v. Secretary of the Army and Commanding General of Fort Jackson. The undersigned filed a federal lawsuit on behalf of the Blue Ribbon Taxicab Association seeking to have a regulation promulgated by the Commanding General of Fort Jackson declared unconstitutional. The undersigned prepared all pleadings and a motion for an injunction on an emergency basis. Six days after the plaintiffs hired me, the case was settled when the Commanding General of Fort Jackson verbally rescinded the regulation complained of by Blue Ribbon. This is significant because a government regulation was successfully challenged on Constitutional grounds. This required an appearance before Judge Henry Herlong in Columbia where the settlement was put on the record.
(b)James E. Hill v. John Deere and Company. The undersigned assisted in successfully defending John Deere and Company in a federal products liability lawsuit brought by Mr. Hill. The undersigned handled all pre-trial discovery including depositions of experts and doctors. This case went to trial before Judge Ross Anderson in Anderson. The undersigned examined and cross-examined some witnesses. The trial lasted three days and the jury returned a verdict for my client in 19 minutes. The case is significant because of the alleged defect complained of by the plaintiff.
(c)Century Factors v. Willie Scott, Jr. A professional football player was sued in the Court of Common Pleas for collection of an alleged note he allegedly signed as a surety or guarantor. The undersigned conducted an investigation and filed a counterclaim pursuant to the Federal Fair Debt Collection Practices Act. The case was dismissed. This case is significant because of the use of the Fair Debt Collection Practices Act affirmatively in a counterclaim.
(d)Matter for Maccabee’s Mutual Life Insurance Company. The undersigned successfully defended a federal lawsuit for bad faith refusal to pay the proceeds of a group life insurance policy. The plaintiff’s late husband died of Lou Gehrig’s disease in Connecticut. She claimed he was working for a company in West Columbia, South Carolina while he was living in Connecticut and suffering from Lou Gehrig’s disease. The undersigned handled all pre-trial discovery including depositions of experts and doctors in several parts of the country. This case is significant because I argued in my brief, that the plaintiff’s claim was pre-empted by the Federal Employee Retirement Income Security Act of 1974 (ERISA). Judge Henderson agreed.