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A Newsletter from the



FALL 2012

Our mission is to fund the advancement of justice by improving access, education and accountabilty.

Profile: Domestic Violence Awareness Bar Foundation Grants Save Lives

No doubt you have seen recent headlines ranking South Carolina as second worst in the nation for the rate of women killed by men. In recognition of Domestic Violence Awareness Month, we honor our legal services attorneys and Bar Foundation grantees who work to save the lives of those tormented by domestic abuse. Bar Foundation grantees who work with domestic abuse victims are heroes. Together, they guide their clients through the court process – working to get them legal protection, physical protection and peace of mind. From July 2011 to June 2012, more than 1,000 individuals sought protection from abuse through Foundation grantees. Each of their stories is different and carries its own challenges. One aspect of abuse cases that is the most disheartening is when women like “Alyssa” need to save themselves from their husbands or intimate partners. Alyssa finally had enough of the cruelty and reached out to Sistercare for help. Once the Sistercare attorney got an Order of Protection for Alyssa, she then referred her client to comprehensive support services through the follow-up program. This component is so critical because it helps victims make positive choices and live free of the abusive relationship. Legally protected and in the midst of a nurturing counseling program, Alyssa was able to heal. Not only was she empowered, she was inspired to earn a degree in criminal justice and get a job in that field. Unfortunately, abuse and custody battles go hand in hand. Foundation grantees handled more than 1,200 cases where an abuser and domestic violence victim were fighting for the custody of children. “Mariska,” a Russian client who speaks very little English, has a minor daughter with her boyfriend, to whom she was never married. When the relationship became abusive, Mariska and her daughter turned to the Citizens Opposed to Domestic Abuse (CODA) shelter. Soon, the boyfriend filed an action asking for full custody of the child. The court ruled that Mariska had full custody, but permitted visitation by the boyfriend. Though visitations were set to take place in the county sheriff’s parking lot, many did not go well. The boyfriend and his friends badgered, intimidated and threatened Mariska regularly. A few weeks before the final hearing, Mariska was pulled over for not having a seat belt on. She did not have a SC driver’s license and was arrested. Mariska’s friends called CODA – knowing that the attorney had come to Mariska’s rescue before. With CODA’s help, Mariska was released in time for her final custody hearing where she was awarded custody of her daughter. This story would have ended very differently if CODA’s attorney had not been able to intervene on Mariska’s behalf throughout the minor child’s custody litigation. Legal services attorneys who handle domestic violence cases often see the unthinkable. One such case involved a situation that no child should ever have to experience. “Elizabeth,” a victim of sexual and

mental abuse at the hands of her father and stepbrother, became a client of South Carolina Legal Services (SCLS) at age 16. She had two minor children and was legally married to her stepbrother who was 10 years her senior. Due to the abuse, DSS removed the client and her children from the home. SCLS collaborated with several agencies to determine the best plan for this young mother. Elizabeth originally ran away from the children’s shelter where one judge placed her, but then reappeared seeking help. SCLS worked to make sure she felt safe and comfortable. Through her attorney, she was able to obtain a divorce from her stepbrother. Now she is enrolled in high school and is starting a new life. She has a long road ahead of her, but she is no longer traveling alone.

Bar Foundation support of domestic violence intervention allows legal services practitioners to serve a larger spectrum of the needs of domestic abuse victims. Many of the organizations funded by the Foundation also receive federal funds to support domestic abuse work. However, a portion of those funds is restricted and does not let the attorney file for child custody and support for his or her client. Bar Foundation funds can “fill that gap” so that the attorney has more opportunity to protect the client. Domestic abuse is a national problem and certainly an issue that plagues South Carolina. The stories shared in this article represent the lucky ones – victims who were able to receive the help they so desperately needed. Unfortunately, there are many more stories where victims, for a variety of reasons, do not receive the services that can help them live violence-free. There are also those who seek help, but it does not arrive in time and their lives are ended.

The Bar Foundation is proud of the legal services men and women who walk with victims of domestic abuse. Show your support for these organizations by making a gift to the Foundation. Help us so we can help them.

Government Law Section and SCDTAA Make Gifts to Foundation The Government Law Section of the South Carolina Bar contributed $3,000 to the Foundation’s Children’s Fund and the Disabled Lawyers Fund. The SC Defense Trial Attorneys’ Association also made a gift of $2,571 to the Children’s Fund. “The enormous benefits provided by the Foundation, through its various programs, are exemplary,” said Timothy C. Winslow, chair of the Government Law Section. “On behalf of the Section, we hope that this donation will assist in some small part for the continuation of these worthwhile programs.” The Section’s governing Council and members have committed to the goal of making an annual gift to the Foundation. The SCDTAA’s gift stems from the group’s silent auction held during its 2012 summer meeting. “The SCDTAA and Bar Foundation have a long relationship,” said Molly H. Craig, SCDTAA President. “We are glad to once again support the Foundation because of its work to advance justice.” “Though we continue to deal with depressed IOLTA revenue, the mission of the Foundation remains unchanged,” said Shannon Willis Scruggs, the Foundation’s Executive Director. “We have a responsibility to support our grantees whether or not IOLTA is having a ‘good year.’ These gifts came at the perfect time and will help the Foundation provide critical resources that are changing lives daily.”

2012 Memory Hold the Door Ceremony

Memory Hold the Door

John Mann Photography

The Bar Foundation is pleased to continue its support of the South Carolina Bar and the University of South Carolina School of Law’s Memory Hold the Door program. Memory Hold the Door was established in 1958 to preserve “the spirit and high ethical and professional standards of past leaders of the legal profession.” The Foundation contributes funds in memory of those selected by the Memory Hold the Door committee. The funds will be used to promote the welfare of the legal profession by funding lectures, student scholarships as well as academic research and related programs. This year’s honorees will be celebrated on Thursday, January 24 during the SC Bar Convention in Myrtle Beach.

Honorees Charles E. Baker Reginald C. Brown Jr. James S. Chandler Jr. Hon. Louis E. Condon Julian H. Gignilliat

4% The Foundation estimates that just 4% of in-state members of the SC Bar make an annual contribution to the Bar Foundation. Your gift, at the amount most appropriate for you, is critical. Please give today.

Hon. Thomas Kemmerlin Jr. Clarke W. McCants Jr. Hon. Jamie L. Murdock Jr. D.V. Richardson III Emil W. Wald

Individuals and law firms wishing to honor the selection of an individual to Memory Hold the Door should do so with a tribute gift to the SC Bar Foundation. A donation form is included on the back of this newsletter.

DuRant Distinguished Public Service Award It is time once again to request nominations for the DuRant Distinguished Public Service Award. Recipients are nominated and selected by their professional peers, establishing this recognition as one of the most prestigious statewide award members of the Bar can bestow on a fellow attorney. Selection criteria include meritorious service to the law and the community. Eligibility is limited to living members of the South Carolina Bar. Sitting judges and current public office holders are not eligible however, past service in such positions will be considered. Traditionally, the award recipient is honored at the Bar Convention’s plenary luncheon each January. The Foundation established the award in 1980 to honor the memory of Charlton DuRant, a well-known Manning attorney who served as state senator and special associate justice of the SC Supreme Court. The nomination form used for the process is available at Nominations are due November 12, 2012 and should be sent via email to dee.sanders@ If you have further questions about the DuRant Award, please contact the Foundation at (803) 765-0517.

The DuRant Legacy David W. Robinson, 1980

Julius W. McKay, 1997

Walton J. McLeod Jr., 1981

A. Lee Chandler, 1998

Robert M. Figg Jr., 1982

I.S. Leevy Johnson, 1999

Thomas H. Pope, 1983

William L. Pope, 2000

J.D. Todd Jr., 1984

H. Simmons Tate Jr., 2001

Hugh L. Willcox, 1985

Joseph H. McGee, 2002

C. Bruce Littlejohn, 1986

Alex M. Sanders Jr., 2003

Heyward E. McDonald, 1987

Eugene N. “Nick” Zeigler Jr., 2004

Charles W. Knowlton, 1988

Ernest A. Finney Jr., 2005

E.P. “Ted” Riley, 1989

Leo H. Hill, 2005

Augustine T. Smythe, 1990

Julian J. Nexsen, 2006

Harry M. Lightsey, 1991

B. Henderson Johnson Jr., 2007

Terrell L. Glenn, 1992

David L. Freeman, 2008

A. Frank Lever, 1993

G. Dewey Oxner Jr., 2009

Morris D. Rosen, 1994

Richard W. Riley, 2010

Ellen Hines Smith, 1995

David A. Merline, 2011

Claude M. Scarborough Jr., 1996

Save the Date Greenville Event Tuesday, December 11, 2012 Second Annual Greenville Area Grantee Gathering • Featuring SC Legal Services’ Greenville Office, Upstate Mediation Center and YMCA Youth in Government • Special presentation by Dr. Rod Smolla, Furman University President Where: West End Community Development Center 404 Vardry Street, Greenville, SC Time: 8:00 AM registration and breakfast; Program begins at 8:30 AM Cost: Breakfast and CLE are free of charge. This program has been approved for 0.5 MCLE credit. Sponsors (as of press time): • The Palmetto Bank • TD Bank • CertusBank RSVP by Friday, Nov. 30 to or by calling 803-765-0517

Know an outstanding attorney at SC Legal Services? If so, nominate him or her as the Ellen Hines Smith Legal Services Lawyer of the Year! Get more information at

New Additions to the Board of Directors J. Boone Aiken III and Robin A. Braithwaite have joined the board of directors. “The Foundation is excited to bring additional regional diversity to the board with the recent appointments of Boone and Rob,” said Jack D. Griffeth, President. Aiken is a senior shareholder at Aiken Bridges Elliott Tyler & Saleeby, PA in Florence. His practice focuses on litigation and he is Circuit Court mediator and arbitrator. He earned his undergraduate degree from Wake Forest University and received his Juris Doctor from the University of South Carolina School of Law. He is a past president of the Florence County Bar. Aiken is a member of the S.C. Defense Trial Attorneys’ Association, the S.C. Association of Justice and the Defense Research Institute. He is a Fellow of the American College of Trial Lawyers. Braithwaite is a shareholder with Braithwaite Farmer Boni & Timmerman, located in Aiken, where he focuses on the defense of civil litigation. He received his undergraduate degree from Appalachian State University and his Juris Doctor from the University of North Carolina at Chapel Hill. He served in the United States Navy and began his legal practice in the United States Navy Judge Advocate General’s Corps. He was selected by his peers for inclusion in The Best Lawyers in America for Personal Injury Defense, is a certified Civil Court mediator and serves on the South Carolina Bar’s Memory Hold the Door Committee. To view the entire Board roster, please visit http://www.scbarfoundation. org/board.asp.

J. Boone Aiken III

Robin A. Braithwaite

Save The Date! Bar Foundation Gala Friday, March 22, 2013 Columbia Marriott

Hon. Alexander M. Sanders Jr. Honorary Chair Join us and our honorary chair as we recognize the Nifty Fifty of the SC Bar, the Ellen Hines Smith Legal Services Lawyer of the Year and the SC Bar Pro Bono Lawyer of the Year.

Sponsorship and ticket information available soon!

Tribute Gifts The Bar Foundation gratefully acknowledges those who have made gifts in tribute of a colleague or friend of the Bar for the period July 1 through September 30, 2012. Names in bold denote the honoree. IN MEMORY OF… Jackson L. Barwick Jr. Hon. T. L. Hughston Jr. Dana C. Mitchell III Hon. Randall T. Bell Dana C. Mitchell III C. Heyward Belser Sr. Dana C. Mitchell III Chief Justice A. Lee Chandler Justice Kaye G. Hearn and George M. Hearn Jr. Hon. T. L. Hughston Jr. Hon. and Mrs. Howard P. King Robert S. Wells Hon. Carol Connor Dana C. Mitchell III Hon. J. Bratton Davis Dana C. Mitchell III Martha B. Dicus Barton Law Firm Hon. Debora A. Faulkner Hon. T. L. Hughston Jr. Virginia Meeks Shuman Robert S. Wells Hon. Frank Eppes Dana C. Mitchell III Paul J. Foster Jr. Dana C. Mitchell III

Julian H. Gignilliat R. Read Gignilliat John F. Hardaway Jane W. Trinkley Hon. Baxter “Hicks” Harwell Jr. Mr. and Mrs. Mark W. Buyck Jr. Hon. T. L. Hughston Jr. Hon. J. Ernest Kinard Jr. W. Croft Jennings Sr. Dana C. Mitchell III Hon. James W. Johnson Jr. A. Cruickshanks IV John J. Kerr Hon. T. L. Hughston Jr.

Claude M. Scarborough Jr. (see list with In Memoriam box at right) Thomas Hugh Simrill Jr. Hon. David G. Guyton Thomas E. Pope Hon. Billy A. Tunstall Jr. Hon. Frank R. Addy Jr. Justice Kaye G. Hearn and George M. Hearn Jr. Hon. T. L. Hughston Jr. Paul N. “Ricky” Uricchio III Hon. T. L. Hughston Jr. IN HONOR OF … J. Eugene “Gene” Adams Dana C. Mitchell III

William O. “Billy” Kneece Frank W. Cureton Martha B. Dicus C. Diane Smock Dr. Harry M. Lightsey Jr. Dana C. Mitchell III

John P. Freeman Dana C. Mitchell III

Hon. Mary Thomasine G. Mason Hon. T. L. Hughston Jr.

Jack D. Griffeth Robert F. Goings

D. Michael Parham Robert S. Wells John Knight Rutenberg Thomas & Brittain PA

In Memoriam

James W. Hudgens Dana C. Mitchell III

Claude M. Scarborough Jr. Bar President 1975 – 1976 Foundation President 1979 – 1981 Hear Mr. Scarborough’s Oral History tape via

Claude M. Scarborough Jr. TRIBUTE GIFTS Susan B. Berkowitz Hon. Sol Blatt Jr. Bleecker Law Firm, LLC George B. Cauthen Robert W. Foster Sr. Russell T. Infinger Hon. J. Ernest Kinard Jr. Hon. and Mrs. Howard P. King Mrs. Heyward McDonald Elaine and Gene Morehead Mr. and Mrs. John A. Parrott Mr. and Mrs. Edward P. Perrin Robert J. Thomas Robert S. Wells Gifts listed through September 30, 2012.

Name: _____________________________________________________________________________  Phone: _____________________________________________________________________________  E‐Mail: _____________________________________________________________________________    Gift Amount: $ __________________________  † Check  (please make payable to SC Bar Foundation)  Mail to address below    † Credit Card: MASTER CARD or VISA ONLY       

_______________________________________ Card Holder’s Name 

_______________________________________ Card #   

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Authorized Signature  

Designation (choose one):  † Apply my gift where it is needed most.        † Children’s Fund  † Disabled Lawyers Fund  † Brewer Professionalism Fund    Other information:  † My gift is a tribute gift in honor/memory of:         Name___________________________________  City ________________________ State _______  † I have included the Bar Foundation in my will.  † I am a member of the YLD and my gift is $300   which qualifies me to be listed in the Young   Lawyer Legacy.  

Three ways to You may call the Foundation at 803‐765‐0517 with your credit card information.  remit payment 1. MasterCard/Visa – complete form above Or fax this form to 803‐779‐6126   Attn: Shannon W. Scruggs  2. Online at Or email a PDF to  3. Send a check, payable to the Foundation, to the address below: Or mail to      SC Bar Foundation      Attn: Ms. Shannon W. Scruggs  SC Bar Foundation     PO Box 608  Attn: Ms. Shannon W. Scruggs     Columbia, SC 29202 

PO Box 608 Columbia, SC 29202


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Bar Foundation Brief Fall 2012  

Bar Foundation Brief Fall 2012