Resource Wednesday: Expungement in South Carolina

Every now and again, I need a reminder to share information.

Earlier today, I received a request from someone desperately trying to find out where to find help for an expungement. And, the resource is below:

  • Your Guide to Expungement in South Carolina (updated in November 2013). This fabulous, free resource was pulled together by the South Carolina Center for Fathers and Families. It can be found online at http://www.scfathersandfamilies.com/public/files/docs/Nov2013UpdatedGuide.pdf. It basically walks folks through expungement (Step 4) while letting them know whether expungement is a possibility (Step 3) and, if so, which one to go for.

If you want additional information on expungement and pardons, below are also some helpful links:

To find legal help or a lawyer:

 

To find more information on the legal system in South Carolina

To get a copy of your criminal record

  • South Carolina Law Enforcement Division (SLED) Records Department, Post Office Box 21398, Columbia, SC 29221, 803-896-1443, www.sled.sc.gov

To find more information on expungement, pardons, or other issues relating to fatherhood

  • The South Carolina Center for Fathers and Families, 2711 Middleburg Drive, Suite 111, Columbia, SC 29204, 803-227-8800, www.scfathersandfamilies.com

Sometimes all it takes is a little knowledge. Hope this helps.

~rfw

Let’s talk about Pro Bono

I have written about Pro Bono legal representation on different occasions, especially during or near the ABA’s National Celebrate Pro Bono Week. Here in South Carolina, I’ve seen more discussion about it, and even a little more participation.

But, I still don’t see as much participation as I would expect. So I have a question for attorneys, paralegals, and law students:

If you are not regularly engaged in pro bono representation, why not?

Please add your comments below. No expletives please. And, I’d like your honest answers.

  • Have you been asked?
  • Do you know where to find opportunities?
  • Are you nervous to do so on your own?
  • Do you think you don’t have enough time to add another case?

Thanks!

~rfw

Happy New Year! Welcome 2014

It’s been a really good year for South Carolina Access to Justice! Below is our newsletter that highlights a few items we’ve been working on.

SCATJ Newsletter End of Year 2013

Happy New Year Everyone!

~rfw

NEW Form for Fee Waiver for Pro Bono or Legal Services’ Clients

Please see the Order below noting that Court Form SCCA 236, available in Word and pdf. It is also available online at the court’s website at http://www.sccourts.org/forms/pdf/SCCA%20236.pdf. It allows the filing fee to be waived when filed in all civil actions by an attorney providing legal services to indigent persons via an approved legal service entity or the SC Pro Bono program. Please share.

 

 

2013-12-17-01

The Supreme Court of South Carolina

Re: Certification of Indigent Representation, Pursuant to
Rule 3(b)(2), SCRCP Form (SCCA 236)


ADMINISTRATIVE ORDER


Pursuant to the provisions of S. C. CONST. Art. V, § 4,

IT IS ORDERED that SCCA Form 236, Certification of Indigent Representation Pursuant to Rule 3(b)(2), SCRCP, is approved for use in the Circuit Courts and Family Courts of this State.

Pursuant to Rule 3(b)(2), SCRCP, a party represented in a civil action by an attorney working on behalf of or under the auspices of a legal aid society or legal services or other nonprofit organization funded in whole or substantial part by funds appropriated by the United States Government or the South Carolina General Assembly, which has as its primary purpose the furnishing of legal services to indigent persons, or the SC Pro Bono program, shall have fees related to the filing of the action waived without necessity of a motion and court approval.

This form shall be completed by attorneys in civil actions as described above to certify that he or she represents an indigent person and that he or she is providing such representation on behalf of a legal aid society, legal services or other nonprofit organization

This form shall be available on the South Carolina Judicial Department website at www.sccourts.org under the ‘Forms’ link.

IT IS SO ORDERED.

s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

Columbia, South Carolina
December 17, 2013

Ellen Hines Smith Award 2013 Nominations Open

Very proud to announce that nominations are now open for the Ellen Hines Smith Legal Services Attorney of the Year.

PREVIOUS AWARD RECIPIENTS

  • 1989 – Martha B. Dicus
  • 1990 – Thomas L. Bruce
  • 1991 – Johnny Simpson
  • 1992 – Harold F. Daniels
  • 1993 – Andrea E. Loney
  • 1994 – Mozella Nicholson
  • 1995 – Thomas A. Trent
  • 1996 – Susan A. Cross
  • 1997 – Angela M. Myers
  • 1998 – Ethel E. Weinberg
  • 1999 – Nancy M. Butler
  • 2000 – Byron A. Reid
  • 2001 – Lynn P. Wagner
  • 2002 – Eddie McConnell
  • 2003 – Frank Cannon
  • 2004 – Willie B. Heyward
  • 2005 – Lynn Snowber-Marini
  • 2006 – Eddie McConnell
  • 2007 – Marcia Powell-Shew
  • 2009 – Maureen White
  • 2010 – Susan J. Firimonte
  • 2011 – Jack E. Cohoon
  • 2012 – Kirby Mitchell

We’re looking forward to seeing the good works that South Carolina Legal Services is doing.

Please complete the following form, Ellen Hines Smith Nomination Form 2013, and return it to rwheeler@scbar.org.

Thanks!

South Carolina Homeownership and Employment Lending Program – SC HELP

Are YOU a Homeowner who is Facing Foreclosure Due to:

Unemployment,

Underemployment,

Reduction in Self-Employment Income,

Death of Spouse,

Catastrophic Medical Expenses, or

Divorce?

If so, there may be help for you via SC HELP, see SC HELP Flyer.

Monthly Payment Assistance:

  • makes monthly payments while you are seeking employment and a return to self-sustainability

Direct Loan Assistance:

  • pays up to $20,000 on past due mortgage to bring it current

Property disposition assistance:

  • provides $5,000 to help transition families from homeownership to rental housing if:

1. Application with SC HELP completed FIRST
2. Permission for short-sale or deed-in-lieu of foreclosure granted
3. Money distributed AFTER execution of deeds completed

South Carolina has been awarded, $295,431,000 in funding from the U.S. Treasury Department’s Hardest Hit Funds to prevent mortgage foreclosure.

SC Housing Corp., a non-profit Division of the South Carolina State Housing Finance and Development Authority is administering the Program, known in SC as the South Carolina Homeownership and Employment Lending Program or SC HELP.

South Carolina Legal Services (SCLS) is one of the housing processing agencies for SC HELP.  SCLS assists homeowners who are at risk of foreclosure gather and submit the required documents to be approved for mortgage assistance through SC HELP.

The list of documents can be found here – SC HELP Required Documents List

There are no income requirements for SC HELP and all services are free to the homeowner.

SC HELP will not pay any more than $20,000 on the arrearages.

SC HELP may approve payment of the $20,000 but the actual payment will not be made until SC HELP has verification that the homeowner can pay the balance of the arrearages or that it has been forgiven by the lender or it has been placed at the end of the mortgage.

The requirements for the property disposition assistance program should be carefully reviewed.

NOTE: A homeowner is not eligible for this program if the property has already been sold at foreclosure.

Homeowners may call South Carolina Legal Services toll-free at 1-888-257-1988 Or 1-855-HELP-4 SC

Homeowners may also submit an application at www.SCMORTGAGEHELP.com

For more detailed information about SC HELP, please see Information Flyer

For more information about SC Legal Services, please see SCLS General Brochure

~RFW

February 2012 Newsletter

We are pleased to share our latest newsletter.

SCATJC February2012

If you have questions, please feel free to email me.

~RFW

Law School for Interpreters: A Success!

Bright and early Saturday morning, 77 people were driving into downtown Columbia to attend the SC Access to Justice Commission’s LEP Work Group “Law School for Interpreters.”

Meanwhile, the sponsors were all busy opening the facility and readying the room and registration tables for each of these interpreters.

At 8:45 a.m., seats filled and the LEP Work Group provided an overview of the day and the program began.

The Agenda:

  • Registration and Breakfast 8:00 a.m.
  • Welcome & Overview 8:45 a.m.
  • Pretest 9:00 a.m.
  • “Oh the Places You Can Go and the People You Can Meet” (Overview of the SC Judicial System) 9:15 a.m.
  • South Carolina State Court Interpreter Certification Program 9:45 a.m.
  • BREAK
  • Circuit Court 10:30 a.m.
  • Family Court 11:15 a.m.
  • Magistrates Court 12:00 noon
  • Catered Lunch
  • Court Process 1:45 p.m.
  • BREAK
  • Panel Discussion & Q&A: Reality Check 3:15 p.m.
  • Post-test, Wrap-Up, & Evaluation 4:45 p.m.

The excitement in the room was palpable. Interpreters greeted one another with hugs, and sometimes questions of “which language do you speak?” And the excitement was not limited to interpreters and translators. Many of the event sponsors were thrilled with the turn-out, especially on a Saturday. Languages represented included Spanish, French, Portuguese, Italian, Chinese, French, and Urdu as well as a few others.

And we’re all excited about the prospect of an additional pool of qualified and certified interpreters and translators in the South Carolina Court System.

Thanks again to our sponsors, speakers, and participants!

~RFW

Want to Interpret in the South Carolina Courts?

Join us on Saturday, February 11, 2012!

Cost: $35 – includes breakfast, lunch, snacks and materials! Pay by check or Discover, Visa or MasterCard.

Program begins promptly at 8:45 a.m. and ends at 5:00 p.m.

Space is limited and preference is given to South Carolina residents.

Registration MUST be post-marked no later than Friday, February 3, 2012. No refunds for cancellations received after Friday, January 27, 2012.

For more information, please email ccoker@scbar.org or call Robin Wheeler at (803) 576-3808.

At our recent SC Access to Justice Commission meeting, we had a guest speaker who presented on Language Access and the growing need for language access in the civil court system.

And, while many of us understand the laws that govern language access, especially in the legal system, the fact still remains that in order to provide qualified interpreters, these qualified interpreters must be available and accessible.

Most everyone I’ve spoken with has noted that we need more qualified interpreters. We simply do not have the numbers of qualified interpreters.

During our preliminary conversations, we learned that while there is a general interest to interpret, many in the interpretation community were unfamiliar with legal terminology and courtroom decorum. And, interpreters were hesitant to pay to take the South Carolina Court Interpreter exam without at least an introduction to the legal system in South Carolina.

As a result, Law School for Interpreters was created.

I’m pleased to introduce the Law School for Interpreters which will be held on Saturday, February 11, 2012. We have a great line-up of speakers including attorneys and at least one judge. The sponsors for the event have all been working together with the Commission as we try to increase the number of qualified courtroom and legal interpreters.

If you, or someone you know, is interested in this course, please complete and return the registration form – Registration for Law School for Interpreters Feb 11 2012.

I look forward to seeing you there!

~RFW

Celebrate Pro Bono: David C. Shea

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet David C. Shea, South Carolina attorney.

David C. Shea

When asked about what first drew him to pro bono, he responds:

I started in law school, hoping to gain some practical legal experience while at the same time helping others. Having been the first in my family to be financially able to attend a university, much less go to law school, I felt attending law school as a privilege for which a public debt is owed. As long as I can remember, I’ve always been encouraged and helped by family and teachers who thought I might amount to something, so I simply feel a moral duty help out others. This might not be the best reason, but to me it’s just part of my upbringing.

I grew up in South Florida and had an interest in immigration work, and while at USC Law, Pam Robinson had a program which allowed me to help with deportation cases and actually conduct a hearing during my 2L year with attorney supervision. This experience ultimately resulted in me obtaining a highly competitive Department of Justice summer internship in Chicago. So, in a sense, an unintended consequence of pro bono efforts helped jump start my career. 

David Shea’s name kept popping up when I spoke with various people about who to interview for Celebrate Pro Bono. And it’s easy to see why. According to several sources, he “always tries to keep at least one active pro bono case going at any given time, as well as volunteering with the Law Related Education committee’s programs, including Mock Trial.”

When asked about his current pro bono work, he noted:

I just finished a trial for a client for a divorce and child custody issues; the Decree is not even finished yet.

My practice is mainly concentrated in divorce work, so I limit my pro bono intakes to that area. I believe lawyers can be more effective my volunteering in their areas of practice, and the clients are better served as well.

 I take appointments directly from the South Carolina Bar pro bono program, and make a point of being available for questions for the Bar staff who administer and manage the programs. 

He is also active with the LRE Committee, including being a past chair.

I believe the LRE programs are instrumental to educating South Carolina’s students about the law and building the character of our future lawyers and judges, and leaders in general for those who don’t go on to law school.

I asked David about whether his pro bono legal work has been rewarding. Apparently it’s been very rewarding:

I got a hug in the courtroom from my client after my last pro bono divorce trial. Another client made me a cake. Things like that happen more often from pro bono clients than paying clients. I can’t remember a time when I didn’t get at least a “thank you” from a pro bono client, even when I lost.

In mock trial, it’s rewarding to see a shy student blossom into a confident public speaker. I didn’t have mock trial available when I went to school, and I’m shy by nature so it’s extra rewarding to see a student with a background like mine succeed in mock trial.

While not really a pro bono moment, I started out my legal career as a public defender. Years after I had opened my own practice, the spouse of a former public defender client tracked me down to personally give me her husband’s 1997 Master’s golf ball marker. She said her husband had recently died but always talked with her about how much he appreciated me helping him and that she thought I should have it since it was the year I represented him. You just can’t recreate the overwhelming feeling of appreciation from a moment like that – I had no idea prior to that moment what something relatively minor in my life was so major in his life – but the ball marker sits in my office as a reminder to do what’s right, and in a respectful manner, as we might not appreciate what it might mean to someone else. 

His philosophy about pro bono legal service:

I’m fortunate to be blessed with three children, a marriage, and a busy law practice, and time management is getting harder and harder as they all grow. However, as lawyers we need to remember we are fortunate to be positions of responsibility and power not afforded to many professions, and we need to appreciate and accept that. It’s the lawyers who DON’T who cause the bad press for the rest of us.

We all can build in some time to give back to our community if we try, and the rewarding feelings are indescribable. I’ve been active in Mock Trial long enough now that students I’ve met in the competitions are now colleagues, and it’s rewarding for one of them to approach you at a function to say “I remember when you did … back when I was in high school.”  

Given the nature of many domestic pro bono cases, oftentimes trial is more likely than settlement, thus it doesn’t serve your family, the courts, or your clients well to get overextended. Do what you can, but keep perspective and balance. We all have our areas of interests and expertise, and between all the pro bono opportunities available to us through the S.C. Bar, our county Bars, the law schools, and the community in general, there’s an opportunity available for most any lawyer whether you want a few hours or a long term project.

Just as being a divorce lawyer is good for a marriage in terms of seeing what doesn’t work for others, doing pro bono work is good for a healthy legal mind and body in terms of doing for others what they can’t do for themselves.

Unfortunately, I see a lot a lawyers who probably would be much happier if they would let themselves experience a pro bono moment once in a while, as it would take them back to the days of idealism and helpfulness they had when they first dreamt of being a lawyer. The lawyers who entered our profession just for the financial rewards will dismiss this and go back to their work, if they are even reading this at all.

It you haven’t volunteered in a long time and my comments have actually given you pause, we still need some more judges for the Middle School Mock Trial competition in November and December. Do yourself a favor and call 803-252-5139 to volunteer right now while you are feeling guilty and longing to feel rewarded! 

Not surprisingly, David C. Shea’s volunteer work extends beyond his legal work, he also belongs to the Richland Sertoma Club, an organization dedicated to helping Midlands citizens and those with speech, hearing and language disorders. He is also a Cub Scout Den Leader to a wild, diverse, and fun group of first graders. 

I cannot imagine a better role model for those first graders! Thanks Dave!

~RFW