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:

• The South Carolina Courts Expungements and Pardons FAQ www.sccourts.org/selfHelp/FAQExpungementPardon.pdf
• The South Carolina Bar Expungements and Pardons FAQwww.scbar.org/PublicServices/ExpungementandPardons.aspx

To find legal help or a lawyer:

• South Carolina Legal Services, Toll Free: 888-346-5592, Phone: 803-744-9430, Fax: 803-744-9450, www.sclegal.org
• The South Carolina Bar Lawyer Referral System, 800-868-2284, www.scbar.org/publicservices/findalawyer.aspx

 

To find more information on the legal system in South Carolina

•  The South Carolina Judicial Department,  www.sccourts.org
• Law Help for South Carolina, www.lawhelp.org/SC

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

• SLED’s FAQ on Criminal Records and Expungement,  www.sled.sc.gov/documents/CJIS/RecordsCheck&ExpungementFAQ.pdf

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

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)

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ADMINISTRATIVE ORDER

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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

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

Congratulations Jack Cohoon! 2011 Ellen Hines Smith Legal Services Attorney of the Year

Earlier today, Shannon Willis Scruggs, the Executive Director of the South Carolina Bar Foundation, and I made our annual surprise site visit to the South Carolina Legal Services (SCLS) office where the Ellen Hines Smith Legal Services Attorney of the Year receives their surprise notice of the honor.

The 2011 recipient is Jack E. Cohoon, from the Columbia office.

Congratulations to Jack Cohoon! Pictured Left to Right: Eddie Weinberg, Jack Cohoon, Andrea Loney, Robin Wheeler. Photograph by Shannon Willis Scruggs.

Who is Jack E. Cohoon?

He has been employed in the Columbia SCLS office for more than 5 years. Jack serves as the lead employment attorney and provides guidance and case reviews of employment cases throughout the organization. But Jack’s caseload is not limited to employment; Jack also helps with evictions, housing, domestic violence, consumer protection, public benefits, education, and elder law.

Jack developed an expungement clinic protocol that includes a PowerPoint presentation, a brochure, and assistance with the SC Access to Justice Commission’s Expungement and Pardons FAQs.

What do co-workers say about Jack E. Cohoon?

“His polite demeanor and droll wit create a wonderful rapport between him and his clients.”

“Jack is a truly exceptional young attorney who has made a substantial statewide impact on the scope and effectiveness of SCLS’s representation to the benefit of all low income South Carolinians.”

“Jack’s work ethic is one of the best at SCLS. He is on the job and eager for work every day.”

“His calm, even demeanor has made him a favorite with attorneys within and outside of SCLS. Indeed, his glowing reputation extends to opposing counsel as well.”

“He is never temperamental and willingly accepts supervision, suggestions and criticism.”

From a client:

“. . .  Jack Cohoon did me a great service with the case that I brought to him. I don’t know that if I had had the money to pay a lawyer they could have done a better service for me.”

From the Workforce Investment Area re: expungement clinics:

“Jack was the perfect partner to work with. He exhibited compassion and patience that was very evident and sincere to the workshop attendees. Many stayed after the sessions to speak with him personally . . . He provided hope for some who felt they had exhausted every avenue. . . . Jack is a true treasure as he will always avail himself to help get information and services to the community. . . .  I appreciate the professionalism which Jack presents to a hurting and sometimes angry audience and look forward to the opportunity to work with him again.”

It’s easy to see why Jack is the recipient of this year’s Ellen Hines Smith Attorney of the Year award.

If you would like to see Jack receive the award, please join us at the South Carolina Bar Foundation Gala on Saturday, January 21, 2012 at the Columbia Metropolitan Convention Center. The reception begins at 6:30 p.m. and dinner will be served at 7:30 p.m. Individual tickets are $100 and table sponsorships start at $1,200. Please contact Shannon Scruggs at shannon.scruggs@scbar.org or (803) 765-0517 for more information.

~RFW

Celebrate Pro Bono: Ashley Cole

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

Meet ASHLEY COLE, 3L at the University of South Carolina School of Law.

Ashley Cole

Ashley became involved in pro bono when she saw flyers posted during her first semester of law school about the Guardian ad Litem program. Instead of signing up immediately she waited until her second semester and began talking with Pam Robinson (USC School of Law Pro Bono Director) about that particular program.  Ashley recalls “I was so excited because she remembered me even after the first time I spoke with her.  She signed me up for Pro Bono announcements.  I participated in the Guardian ad Litem training course, and it was “all she wrote” after that.”

She’s been participating in the law school’s pro bono program for 2 years now; serving on the board since her 2nd year of law school.

While Ashley continues to serve as GAL, she also stays involved in a lot of projects. 

Right now, we’re gearing up for our semester food drive for Harvest Hope.  It’s my job to get my classmates involved because we have a competition between the three law classes.  I want the 3Ls to win this year!  We’re kicking-off the food drive with a “It’s Not a Crock Pot” soup lunch to raise awareness for hunger.  I’ll be entering a soup in the contest on behalf of an organization I’m involved with.

Also, we’ve been hosting a “Good Deed Friday” project about once a month where students who are involved in Pro Bono get together with students from other law organizations to perform community service in and around Columbia. 

This semester, we kicked-off a new program called “Carolina Clerks” that allows attorneys with a pro bono case to obtain assistance from a USC Law student.  That program is wonderful because it provides help to the attorney while simultaneously providing experience to a law student who is eager to learn.

When asked about how she first became involved in these multiples projects, she noted “We host the food drive every semester, so that’s an easy Pro Bono opportunity for everyone.  Mostly, I learn about projects through my activities with the Board Members and Pam.  In fact, every time I walk into Pam’s office, she’s always telling me about the new ideas she has, and it’s wonderful that she’s so creative.”

Ashley’s passion for pro bono doesn’t stop there.

One semester, I participated in a “Pro Bono and Jelly” hunger awareness bake sale during the food drive.  We encouraged students and faculty to bring their lunches and donate the money they would normally spend eating out to Harvest Hope.  I have also visited retirement centers with other volunteers to sit down and talk with senior citizens about their legal needs.  We fill out surveys to identify how the legal community can best serve this group of people.   Additionally, this summer I worked with South Carolina Legal Aid as a public interest law clerk, so I stayed on this semester as a volunteer.   Our Pro Bono program has close ties with that office because they serve the public.

 I performed a lot of community service in high school and during my undergraduate career, so it seemed silly not to continue doing good things for others when I started law school.  Admittedly, it’s a lot more difficult during your first semester to get involved, but once I settled in I wanted to find out what I could do.  Pro Bono opportunities have provided me with a lot of hands-on legal experience.  I’m so thankful for the program, and I really enjoy working with students and people in our community.  I really believe that one of my responsibilities in this profession requires me to give back some of my time to people who really need it.  A lot of people don’t understand our judicial system, so law students and practicing attorneys should aspire to reach out to them and make the experience as helpful as possible.

When asked about whether she experienced any surprises with her pro bono work, Ashley reflects “I wouldn’t say I have had too many surprises.  I think becoming a GAL was a little overwhelming at first, though.  My first case was difficult for me because it was hard to believe that children, right here in Columbia, are abused and neglected every day.  We see these things on TV, so it was almost surreal to experience it first hand.  However, it was rewarding to stand in front of a judge in Family Court and have my final opinion heard and implemented.”

I asked Ashley about what she had learned from her pro bono service:

From my pro bono experiences, I have learned quite a lot about who I am, who I want to be, and what kind of law I think I might pursue.  For example, I learned that family law is more difficult because of the emotional element that’s always present when you speak to a client or work with family members.  Pro bono work has taught me patience and understanding.  When you realize that you have to explain legalese to someone who may or may not have graduated from high school, your perspective changes and you realize how valuable your services are to the clients you serve.  I have also learned how fortunate I am, and I’m thankful for the experiences I have had.

And pro bono service is not a new concept for Ashley. She recalls that “I have always believed that it is important for each person to serve the communities in which we live.  It’s so valuable to give back what we take.  Pro bono service really changed my view of the law because now I understand what it is like to see it from a regular person’s perspective.  By “regular person,” I mean someone who has not studied the law, someone who may not be aware of what his or her rights are in our country, and someone who can only tell me a story, not a particular legal issue.  That’s why I think pro bono service is so important because it’s one of a lawyer’s professional duties to give back to society.”

I asked Ashley if she had any thoughts about pro bono service that she wanted to share with her fellow law students. Her response was thoughtful and frank:

I think that pro bono speaks for itself.  Truly, a person only needs to get involved in one pro bono program to experience the joy and pleasure of doing good things for other people.  Everyone has a little time to sacrifice, and it only takes one project or one client to keep a law student engaged and active in pro bono work for life.

She remains an active pro bono volunteer at SC Legal Services volunteering three hours a week as a law clerk. She has high esteem for the SC Legal Services attorneys noting that they are “fabulous, and they work hard for their clients.  I have learned a great deal from them and could not be more thankful for the experience I have had there.  They have taught me so many things that classroom lectures don’t quite touch on in law school.”

Is Ashley’s pro bono going to continue into her law practice?

Most definitely.  I think I would be doing a disservice to myself and my community by not engaging in pro bono work.  

That is music to my ears. We are lucky to have have such dedicated young attorneys and law students who cannot imagine their profession without giving back.

Stay tuned as we highlight them throughout this week!

~RFW

Focus on Pro Bono: Celebrate Pro Bono 2011

I’m very proud to don this logo on the SC Access to Justice blog. For the past three years, the American Bar Association has hosted this powerful, national event highlighting the importance of pro bono legal services around the United States.

In South Carolina, we’re proud to highlight some of the work in our own backyard. Throughout the remainder of Celebrate Pro Bono 2011, you’ll be able to learn how South Carolina law students and practicing attorneys interpret pro bono legal services and put it into action.

Many thanks to the American Bar, probono.net and the thousands of attorneys and law students who are celebrating pro bono this week!

~ RFW

2011 Ellen Hines Smith Nominations Now Open!

We are pleased to announce that nominations for the 2011 Ellen Hines Smith Legal Services Attorney of the Year are open!

The Ellen Hines Smith Award was established in 1989. It is given to a South Carolina Bar member who is employed as an LSC grantee program lawyer who has demonstrated long-term commitment to legal services and who has personally done significant work in extending legal services to the poor.

The form is available in pdf at Ellen Hines Smith Nomination Form 2011 or by email request to rwheeler@scbar.org.

Who is eligible?

• A SC Bar member who is employed as an LSC grantee program lawyer.

Who is not eligible?

Previous award winners are not eligible:

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

When is the application due?

• The application must be made by October 15, 2011.

How do I find out who received the award?

• The SC Bar Foundation and the SC Access to Justice Commission present the award at the annual SC Bar Foundation Gala. This year the Gala will be held on January 21, 2012 in Columbia during the SC Bar Convention

For more information about Ms. Ellen Hines Smith, visit the USC School of Law Memory Hold the Door page dedicated to her.                                                                                                                                                                                                                                                                                                            ~ RFW

LSC President Sandman Discusses Pro Bono

In case you missed it elsewhere, LSC President Sandman discusses pro bono and its importance to legal services programs.

He also discusses the limitations of legal services organizations and the great value of law firm and corporate pro bono participation. Well worth watching!

Tip of the hat to Cheryl Zalenski at the ABA Center for Pro Bono who tweeted this. Thanks for the heads-up.

-RFW

South Carolina Magistrates Court: Take 1, Scene 1

Below is a video I made based on the recent FAQs for Magistrates Court published on the South Carolina Judicial Department’s Self-Help Resources page.

Please take a look and let me know what you think.

• Is this a valuable way to promote the FAQs?
• Is this easily understandable?
• Any other comments?

Thanks.

-RFW

ANNOUNCEMENT OF LOWCOUNTRY LEGAL AID, INC. AWARD WINNERS TO BE HONORED AT 4th ANNUAL CELEBRATION OF JUSTICE

I’m very pleased to share the following announcement from LowCountry Legal Aid, Inc.:

LowCountry Legal Aid, Inc. (“LCLA”) would like to announce the winners of its annual service awards.  LCLA is proud to announce that Sue Berkowitz, Esquire has won the Clifford R. Oviatt Legal Award for the Advancement of Social Justice, which honors a lawyer who supports social justice issues through legal representation, volunteer community service, financial support and the promotion of social justice ideas in daily life.  Sue Berkowitz is an attorney and director of South Carolina Appleseed Legal Justice Center, based in Columbia.  South Carolina Appleseed fights for low income South Carolinians to overcome social, economic and legal injustice.

Ms. Berkowitz has been a consistent voice working on behalf of low-income South Carolinians for over 20 years.  She has focused her practice in the areas of health, welfare, hunger and consumer issues. She has worked on the passage of numerous pieces of legislation, including the Small Loan Act of 1995, the Family Independence Act of 1995, the High Cost and Consumer Home Loan Act of 2003, the eligibility increase for the State Children’s Health Insurance Program (2007), SC Identity Theft Act (2008), Payday Lending Act (2009) and Unemployment Modernization (2010).  Berkowitz works with a number of state agencies on policy issues that impact the low income community, including changes to consumer and mortgage lending laws, the Family Independence Program, Medicaid, Unemployment Insurance, and Food Stamp rules. She has authored defenses to a foreclosure chapter for a manual produced by the South Carolina Bar as well as numerous manuals for SC Appleseed. She was awarded the Order of Palmetto, the SC Commission on Women’s Woman of Achievement Award, USC School of Law Order of the Coif and the NAACP President’s Award for her work on predatory lending and poverty issues. Berkowitz is a fervent watchdog on consumer, health and hunger issues.

Past winners of the Oviatt Award include attorneys Dick Oviatt, posthumously, William L. Bethea, Jr. and W. Brantley Harvey, Jr.

Mr. David W. Ames has won the Marilyn Stein Bellet Award for the Advancement of Social Justice, which honors a person who supports social justice through volunteer community service, financial support and the promotion of social justice ideas in daily life.  Mr. Ames, a Hilton Head Island resident since 1973, is a planner and developer who consulted in both public and private sector community planning throughout the Southeast, Mexico and the Caribbean. The size, scale and complexity of the projects have varied from small, single use projects to major resort developments, as well as town, county and regional plans. He currently serves as chairman of The Children’s Center Board of Trustees and is chairman emeritus of Hope Haven of the Lowcountry.  Mr. Ames has served on several boards and community service projects in the past, including the board of South Carolina Independent Colleges and Universities, the Community Foundation of the Lowcountry, Beaufort County Aviation Board, Hilton Head College Center, Leadership Hilton Head, Sea Pines Academy, Hilton Head Island Chamber of Commerce, Leadership South Carolina, South Carolina Nature Conservancy, Community Development Corporation, and the Mayor’s Task Force on the island’s future.

Past winners of the Bellet Award include Marilyn Stein Bellet, posthumously, Thomas C. Barnwell, Jr., and Jerold H. Rosenblum, posthumously.

Barbara Swift has won the William T. Althoff Award for Outstanding Volunteer of the Year.  Ms. Swift has served on the LCLA Board for some time with enthusiasm and hard work, and has furthered the LCLA goal of providing free advice, education and legal representation to low income families in Beaufort, Jasper and Hampton Counties.

Swift, a Hilton Head Island resident since 1996, currently serves as president of Wellesley in South Carolina and Coastal Georgia, secretary/treasurer of Nadeshiko Kai, New York and co-president of the League of Women Voters of Hilton Head Island, an organization which she served in various capacities on and off for 15 years.  In past years, Barbara has volunteered for numerous local organizations, including the World Affairs Council of Hilton Head, Al-Anon, Boys and Girls Club, Habitat for Humanity, Hilton Head Symphony Orchestra, Junior League, Planned Parenthood and United Way of the Lowcountry. She recently came off the board of LowCountry Legal Aid after nine years of dedicated service.

Past winners of the Althoff Award include William T. Althoff, posthumously, Kenneth R. Nagle, and Edward “Ted” Noakes.

The award recipents will be honored at LowCountry Legal Aid’s 4^th Annual Celebration of Justice January 22, 2011 at Belfair Plantation Country Club in Bluffton, South Carolina. The evening will include innovative food, live jazz music by Lavon Stevens, a fundraising silent and live auction and an awards presentation to honor the above individuals.  Silent auction items include golf foursomes, a wine tasting for 10 from Corks, a week at Eagle Lake Lodge, and more.  Silent auction items are still being accepted and tickets, which are $100, are still available by contacting the Legal Aid office at 815-1570 or lcla@hargray.com.  LowCountry Legal Aid is a nonprofit organization that provides legal representation and assistance to low income families in the lowcountry.