A Newsletter from the
Foundation
Brief
Fall 2015
Our mission is to fund the advancement of justice by improving access, education and accountability.
Changing the Domestic Violence Statistics A conversation with CODA, Sistercare and SC Legal Services
Here in SC, domestic violence statistics are alarming. Domestic violence occurs in families of all income levels, education levels and races. It happens in dating relationships, in marriages and in heterosexual and homosexual relationships. Citizens Opposed to Domestic Abuse (CODA), Sistercare and SC Legal Services are Foundation grantees working to change the frightening domestic violence statistics. According to the SC Attorney General’s office, more than 36,000 victims report a domestic violence incident to law enforcement each year, but this number is underreported as many others do not call the police and choose to stay with their abusers. “People don’t understand why victims don’t ‘just leave’,” states Kristin Dubrowski, Executive Director of CODA. “Most murders related to domestic violence happen after the victim has left [the abuser], so fear and safety are major concerns.” Religion is another important factor. “I have had clients tell me they did not leave sooner because they were taught to stay in their marriages, regardless of what their spouses were doing to them,” says Leslie Fisk, Family Law Unit Head/Staff Attorney with South Carolina Legal Services. Although people question why domestic violence victims stay, there are more important questions to ask. “We should ask why the perpetrator isn’t being held accountable or what more we can do to help provide victims with safety and the resources needed to start over,” says Dubrowski. Domestic violence laws in South Carolina are weak, diminish the seriousness of domestic violence and are not enforced in a consistent manner. An in-depth investigation by the Post and Courier in 2014 found that police and court resources vary greatly around the state, making it harder to respond to violence and prosecute the abusers. The investigation also found that abusers are released from jail quickly because of low bail requirements, and even when victims seek orders of protection, the orders often lack enforcement. The laws also only protect particular victims. “Orders of Protection and Domestic Violence laws in South Carolina only apply to ‘household members,’ excluding dating couples who have never lived or had a child together,” says Fisk.
South Carolina is making improvements. In 2015, Governor Nikki Haley signed the Domestic Violence Reform Act into law. Highlights of the act include putting abusers behind bars based on both the number of times they are charged with domestic violence and the severity of the crime; allowing judges to issue permanent orders of protection; setting bond based on the danger to the “individual” as well as the community; and creating a Domestic Violence Advisory Committee to study domestic violence cases. Although the new act makes the existing laws stronger, there is still room for improvement, and that improvement can start with lawyers. Lawyers can help change the statistics by acknowledging the severity of domestic violence in the state and by familiarizing themselves with the changes made to domestic violence laws in 2015. Additionally, lawyers who practice criminal and family law should learn more about the dynamics and tactics abusers use to control their partners and where to refer a client they suspect is dealing with domestic abuse. “We believe education is extremely important when it comes to understanding the complexities in domestic violence cases,” says Karen Petit, volunteer with Sistercare. Finally, lawyers can help by volunteering for and supporting local domestic violence organizations. SC Bar Foundation grantees Citizens Against Domestic Abuse (CODA), Sistercare and SC Legal Services are some of the organizations around the state that aid victims. Join us in helping domestic violence victims fight their attackers. Donate to the SC Bar Foundation.
DOMESTIC VIOLENCE STATISTICS (from the SC Coalition Against Domestic Violence and Sexual Assault) South Carolina ranks number 1 in the nation for women killed by men according to the Violence Policy Center. More than 36,000 victims report a domestic violence incident to law enforcement statewide annually. Domestic violence organizations in SC answered 20,993 hotline calls in 2014.
15,786 victims received non-shelter services including counseling, court advocacy and support services. 2,729 individuals were served at SC domestic violence organizations in 2014.
Meet Your Bar Foundation Board of Directors Marie-Louise Ramsdale, President Ramsdale is the principal lawyer at Ramsdale Law Firm, LLC in Mount Pleasant. With her Bachelor of Arts degree from USC and her Juris Doctor from Harvard Law School, she practices solely in the area of family law. Ramsdale has a wide range of experience in serving nonprofits including past leadership of City Year Columbia and South Carolina First Steps to School Readiness. She is a member of the SC Bar House of Delegates and serves as a volunteer for fee dispute resolution issues.
Sidney J. Evering II, President-Elect Evering practices with Parker Poe Adams & Bernstein, LLP in the areas of public finance, economic development and local government. He also serves as Director of Diversity for the firm, working closely with Parker Poe’s Diversity Committee to promote and facilitate an environment of inclusion for all employees through education, special initiatives, and hiring and retention practices. He obtained his Bachelor of Science from USC and his Juris Doctor from USC School of Law. He is a member of the American Bar Association, SC Black Lawyers Association and the SC Chamber of Commerce Diversity Council and Legislative Agenda Task Force committees. J. René Josey, Secretary/Treasurer Josey began his private practice with Turner Padget Graham & Laney, PA in 2001, where he is a shareholder with the firm. He received his undergraduate degree from Clemson University and his Juris Doctor from USC School of Law. From 1996 through 2001, Josey was chosen by then-President Bill Clinton to serve as the U.S. Attorney for the District of South Carolina. In addition to the private practice of law, Josey is an adjunct professor and mentor at USC School of Law. Josey also serves as a member of SC Supreme Court Commission on Continuing Legal Education and Specialization.
New faces to the Board include: Joshua A. Bennett Bennett focuses his practice on complex litigation and insurance defense matters, with an emphasis on construction litigation, products liability, toxic tort/personal injury, professional negligence and other related areas at Rogers Townsend & Thomas, PC. He is a graduate of USC and USC School of Law. In addition to his legal practice, Bennett is very active in his community and currently serves as a Foundation Ambassador.
Thomas C. Brittain Brittain maintains his family practice in Myrtle Beach. He graduated from Wofford College and USC School of Law. He is an American College of Trial Lawyers Fellow, a member of the American Board of Trial Advocates and a member of the Fourth Circuit Judicial Conference. Brittain served as chairman of the Wofford College Board of Trustees and as Captain in the U.S. Army 1st Cavalry Division.
M. Dawes Cooke Jr., ex officio Cooke’s practice focuses on complex civil litigation, professional liability defense and personal injury litigation at Barnwell Whaley Patterson and Helms, LLC. Cooke graduated from the University of Virginia and USC School of Law. Cooke serves as secretary of the SC Bar Board of Governors and is a member of the SC Bar Dispute Resolution Section Council.
T. Brooke Hunt Hunt practices at Smith Watts and Associates, where she focuses primarily in the area of family law. She graduated from Anderson University and USC School of Law. Hunt is active in the SC Association for Justice, is the secretary of the Darlington County Bar Association and serves on the Anderson University Alumni Board. She also currently serves as a Foundation Ambassador.
S. Venus Poe Poe runs her private practice in Greenville and Fountain Inn. She graduated from the College of Charleston and USC School of Law. Poe is a former president of the SC Bar Young Lawyers Division and founded the SC Bar’s Leadership Academy. She has served on the SC Bar Board of Governors and currently serves on the SC Bar House of Delegates as well as on the Practice and Procedure and Publications committees. She also serves on the SC Fee Disputes Board and is a member of the SC Association for Justice. Currently she serves as a Board member for the Fountain Inn Chamber of Commerce.
The officers and new directors are joined by their colleagues who are continuing their service:
Elaine H. Fowler, Immediate Past President
J. Boone Aiken III
Chet Chea
Byron E. Gipson
Christopher R. Koon
Jocelyn Newman
Mary E. Sharp
James W. Sheedy
Elizabeth H. Warner, ex officio
DuRant Distinguished Public Service Award
Meet Our Interim Executive Director
Recipients are nominated and selected by their professional Hon. William R. Byars, the 2014 peers, making this recognition DuRant Award Winner receives one of the most prestigious his award from then-Foundation statewide awards members of President-Elect Marie-Louise Ramsdale. 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. The award recipient will be honored at the Bar Convention’s plenary luncheon in January.
Kristin has served as the Financial/Office Manager for the Foundation since June 2014 and is a certified public accountant. Originally from Wisconsin, Kristin previously worked at Moraine Park Technical College as the Director of Finance. She graduated from Bradley University in Peoria, Illinois with a Bachelor of Science in Accounting. She obtained a Master of Business from Lakeland College in Sheboygan, Wisconsin.
Giving. Passionate. Public Servant. Long-standing career. Do you use these words to describe one of your colleagues? Then consider nominating them for the DuRant award!
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 for the DuRant award is available at www.scbarfoundation.org/durant.asp. Nominations are due Friday, October 30, 2015, and should be sent via email to foundation@scbar.org. If you have questions about the DuRant award, please contact the Foundation at 803-765-0517.
The South Carolina Bar Foundation welcomes Kristin Horzen as Interim Executive Director. Kristin will work with the Bar Foundation’s Board of Directors in advancing justice to all South Carolina citizens through the programs and services offered by the nonprofit’s grantee organizations. She began her new Kristin Horzen position on August 1, 2015.
In the community, Kristin serves as treasurer for the Shepherd’s Center of Lexington and secretary of Mt. Olive Lutheran Church in Irmo.
SC Bar Foundation
DONATI N DUEL
The DuRant Legacy David W. Robinson, 1980 Walton J. McLeod Jr., 1981 Robert M. Figg Jr., 1982 Thomas H. Pope, 1983 J.D. Todd Jr., 1984 Hugh L. Willcox, 1985 C. Bruce Littlejohn, 1986 Heyward E. McDonald, 1987 Charles W. Knowlton, 1988 E.P. “Ted” Riley, 1989 Augustine T. Smythe, 1990 Harry M. Lightsey, 1991 Terrell L. Glenn, 1992 A. Frank Lever, 1993 Morris D. Rosen, 1994 Ellen Hines Smith, 1995 Claude M. Scarborough Jr., 1996 Julius W. McKay, 1997
A. Lee Chandler, 1998 I.S. Leevy Johnson, 1999 William L. Pope, 2000 H. Simmons Tate Jr., 2001 Joseph H. McGee, 2002 Alex M. Sanders Jr., 2003 Eugene N. “Nick” Zeigler Jr., 2004 Ernest A. Finney Jr., 2005 Leo H. Hill, 2005 Julian J. Nexsen, 2006 B. Henderson Johnson Jr., 2007 David L. Freeman, 2008 G. Dewey Oxner Jr., 2009 Richard W. Riley, 2010 David A. Merline, 2011 Harold W. Jacobs, 2012 Mark W. Buyck Jr., 2013 Hon. William R. Byars Jr., 2014
Help us score extra points for the SC Bar Foundation!
We are taking this Palmetto State rivalry off the field with the first ever SC Bar Foundation Donation Duel! From now until the Carolina/Clemson game, get off the sidelines and make a donation to the Bar Foundation to drive your favorite team to victory (just mention which team when making your gift). Keep track of the score on our website and social media pages. Loyal to another or just don’t care? We’ll take that too! The winner of the Donation Duel will have bragging rights, but the REAL winners are the thousands in SC served by Foundation grantees.
YOUR donation will help us win the fight for justice for all! Donate today by calling 803-765-0517 or
visit our website at www.scbarfoundation.org.
A Conversation with Citizens Opposed to Domestic Abuse’s Legal Team In 1986, a group of citizens in Beaufort, South Carolina, recognized the danger facing domestic violence victims and their children. These compassionate individuals, who once sheltered victims in their homes, banded together and established Citizens Opposed to Domestic Abuse (CODA). Over the past 30 years, the organization has grown out of those individuals’ homes into a 6,000-square-foot shelter and provides an array of services for domestic violence victims in Beaufort, Colleton, Hampton and Jasper counties. One of the many services CODA provides is an in-house legal team. “We help people with restraining orders, orders of protection, divorce, custody, child support, all the things associated with the legal portion of [domestic violence help],” says Toni Pennington, CODA’s Attorney. A first of its kind, CODA’s legal team consists of an attorney, a court advocate and a paralegal, working 2,800-square miles together to bring domestic violence statistics down. “I want all of our [counties] down at the bottom; that is my goal,” says Pennington. “By attending bond and preliminary hearings and speaking with [domestic violence] victims about what is available to them, we hope they will allow us to help them get out of that kind of life,” she says. Sometimes, though, it is not that easy. “Once victims of domestic violence call law enforcement, their lives are so disrupted and turned upside down that in many cases they just want to retract [their statements]. They have to miss a lot of work. They need transportation and finances,“ says Chris Varg, CODA’s Court Advocate. In addition to fighting cases, the legal team also fights against domestic violence stereotypes.
“If victims of domestic violence have a prior criminal history, if they are a known alcoholic or drug addict or if they have mental health issues — these are definitely stereotypes that people out in the community have. We have to work these one case at a time,” says Varg. Once domestic violence victims make the choice to pursue a case against their attacker, CODA’s legal team steps in to give them a voice. “We give them the ability to stand on their own two feet, for themselves and for their kids, and empower them,” says Pennington. “Patricia” is just one of the many individuals empowered through CODA’s efforts. Patricia dealt with years of emotional abuse, along with her husband’s alcoholism and drug problem. “During the last episode, he got physical with me and never had gotten physical with me before. I finally decided that this wasn’t going to happen anymore,” says Patricia. “There’s a point in time when you have to admit to yourself that no matter how much you try to help [your abuser], if he doesn’t want the help then he isn’t going to change. You have to put a stop to it at some point for your own well-being.” Patricia learned about CODA’s legal services through her court advocate. “I wasn’t sure how I was going to afford an attorney,” she says. “CODA provided counseling for my children and provided me with an attorney. They really helped me out because this was something I wasn’t going to be able to do without help.” “[These victims] have spent so many years being battered, told they are not worth anything and that they can’t make it without their batterer,” says Pennington. “CODA is perfect because it allows them to go Legal Team (l to r) Attorney Toni right out of that bad situation CODA’s Pennington, Court Advocate Chris Varg and and start a new life. I love my Paralegal Mary Barnes Monte job. I am helping the people that I really want to help.”
Log on to our YouTube channel (youtube.com/scbarfoundation) for an in-depth look at CODA’s Legal Team. Want to get involved? Contact Kristin Dubrowski, CODA’s Executive Director, at executivedirector@codabft.com. This interview is part of our “Heart to Heart” video series, which focuses on grantee programs, staff and volunteers dedicated to bettering the lives of others. Watch other “Heart to Heart” videos on our YouTube channel.
Grantee Corner
The SC Bar Foundation awarded $1.9 million in grant funds to support civil legal aid, law related education and other law related projects in Fiscal Year 2016.
Civil Legal Aid Center for Heirs’ Property Preservation delivers legal services to low-income persons in need of assistance with heirs’ property issues. The team works to enhance the capacity of attorneys, legal professionals and students by providing legal education and direct legal services in the Lowcountry. Citizens Opposed to Domestic Abuse (CODA) provides safe shelter for victims of domestic violence and their children as well as legal representation, court accompaniment, adult counseling, children’s counseling and case management. CODA aids victims of domestic abuse in Beaufort, Colleton, Hampton and Jasper counties. Lowcountry Legal Volunteers is a freestanding legal services office in the Hilton Head/Bluffton area that utilizes volunteers to meet the civil legal needs of the community. One-Eighty Place Homeless Justice Project provides an on-site legal clinic that supports the legal needs of homeless men and women in Charleston. The project provides services to roughly 600 homeless individuals each year. SC Appleseed Legal Justice Center fights to uphold individuals’ rights to food, shelter, education and access to justice. The goals of the center are to ensure the law is fair, to educate the public and their advocates about the law and to assist attorneys in bringing systemic litigation where the law is unfair. SC Legal Services (SCLS) is the sole statewide provider of civil legal services to low-income South Carolinians. SCLS addresses all areas of poverty law but focuses its work in the areas of tax, housing, consumer protection, public benefits, domestic violence, education and elder law. SC Victim Assistance Network provides services to immigrant victims of crime. It works to increase the Immigrant Victim Program’s capacity as well as strengthen the overall network of advocates who provide services to victim immigrants. Sistercare offers legal representation at no cost to the Midlands’ battered, indigent women and their children. The organization helps these women gain access to the legal system, provides information about the legal process and enhances legal advocacy efforts to support interests of domestic violence victims.
Law Related Education SC Bar Law Related Education Division promotes civic education and enhances relationships between attorneys and students. Programs include Mock Trial, We the People, LawForKids.org and Youth Court. Students learn the value of becoming a positive contributor to society and gain knowledge from the lawyers who participate. SC YMCA Youth in Government is a civic engagement and leadership development program for middle and high school students. Funding provides support for students who would not otherwise have the opportunity to participate due to financial constraints.
USC School of Law Public Interest Fellows Project places student fellows in legal services organizations. The students gain practical experience, the legal services organizations benefit from the services of the students, and more individuals receive the assistance that they need.
Administration of Justice
Catholic Charities Office of Immigration Services works to meet the need in South Carolina for low-cost, high-quality immigration legal services. It focuses on providing family-based immigration services and assisting immigrant victims of crime. The National Judicial College (NJC) offers programs to the judiciary to improve productivity, to challenge current perceptions of justice and to inspire judges to achieve judicial excellence. Foundation funds provide scholarships to NJC for South Carolina judges (selected by SC Court Administration). Richland County Court Appointed Special Advocates (CASA) fights for the best interest of abused and neglected children in Richland County Family Court. CASA conducts a child welfare collaboration workshop, holds nationally-heralded volunteer recruitment events and provides training resources to volunteer guardians. SC Access to Justice Commission strives to educate the public, legal community and legislature about issues facing individuals with limited means. The commission works to find additional funding for legal assistance, build seamless connections for those in need with the resources available and increase access to and delivery of civil legal assistance. SC Bar Ask-A-Lawyer and Clinics Program offers general law education and legal clinics throughout the state, supports Legal Lessons courses and conducts periodic statewide web blitzes and phone banks. SC Center for Fathers and Families Alternatives to Incarceration works to place non-violent, non-custodial parents in livable wage jobs so that they can make child support payments and re-engage in the lives of their children. Job placement services are provided in conjunction with legal assistance, money management training and parenthood skill development. Turning Leaf Project provides re-entry services for men leaving the Charleston County Detention Center. The project is dedicated to building a healthier and safer community by providing inmates an opportunity to change negative behaviors and to avoid further contact with the criminal justice system. Upstate Mediation Center has been meeting mandatory mediation needs in Greenville County family and circuit courts since 1999. Its goals are to promote the use of mediation and other non-adversarial means of resolving conflicts and to nurture peace by restoring and strengthening family, business and community relationships.
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 of June 1 – September 30, 2015. Names in bold denote the honoree. IN MEMORY OF Ronald E. Alexander Russell T. Infinger Benjamin W. Anderson E. Grantland Burns Martha B. Dicus Nancy D. Sadler Eve M. Stacey Julian H. Gignilliat R. Read Gignilliat O. Cyrus Hinton David G. Guyton
Martha M. Horne Elaine H. Fowler Howard P. King Robert S. Wells Harold W. Jacobs
SC Bar President 1973
Thomas H. Pope III Robert Marshall Jones Beverly A. Carroll David G. Guyton Anne G. Kelly Beverly A. Carroll
Ryan L. Scott Thomas G. Earle Hon. Curtis G. Shaw T.L. Hughston Jr.
J. Ernest Kinard Jr. J. Michael Baxley Beverly A. Carroll Thomas G. Earle Thomas H. Pope III David A. Merline
Sara S. Turnipseed Nancy D. Sadler
SC Bar President 1997
William N. Epps Jr. Pamela J. Roberts Nancy D. Sadler Cofield Law Firm, LLC Julian J. Nexsen
SC Bar Foundation President 1972-75
Pamela J. Roberts
IN HONOR OF Elaine H. Fowler Marie-Louise Ramsdale Turner Padget Graham & Laney, PA Leah G. Johnson George M. Hearn Jr./Kaye G. Hearn
Rebecca A. Roser George M. Hearn Jr./Kaye G. Hearn Lowell W. Ross Sr. Cofield Law Firm, LLC Catherine Stoddard Debbie S. Mollycheck Elizabeth B. York Douglas Jennings Law Firm, LLC
When “thank you” just isn’t enough...recognize your mentor with a tribute gift.
Let everyone know how much your mentors have impacted your career by honoring them today or memorializing them tomorrow. The Bar Foundation also lists tribute gifts online at www.scbarfoundation.org.
Non-Profit Org. U.S. Postage
PAID
Columbia, SC Permit No. 104
PO Box 608, Columbia, SC 29202
Donor
Designation (choose one): Apply my gift where it is needed most Children’s Fund Name:_____________________________________________________________________________________________________ Brewer Professionalism Fund Phone:____________________________________________________________________________________________________
FORM
Email:_____________________________________________________________________________________________________ Gift Amount: $_____________________________________________________________________________________________ Check (Payable to SC Bar Foundation and mail to PO Box 608, Columbia, SC 29202) Credit Card: Cardholder’s Name:_____________________________________________________________________________________ Card Number:___________________________________________________________________________________________ Exp. Date______________________ Security Code: ______________________ Zip Code:_________________________ Authorized Signature:__________________________________________________________________________________ T H A N K YO U FO R YO U R S U P P O RT !
Other information: My gift is a tribute in honor/memory of: Name______________________________ City____________________State______ Tribute gifts are applied to the General Fund. I have included the Bar Foundation in my will. Fall 2015