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FITSNews Exclusive - Leatherman Digging For Supreme Court Votes January 28, 2008

Posted by fitsnews in : SC Politics , trackback

leatherman podium2

SENATE BUDGET WRITER ALLEGEDLY BLACKMAILING COLLEAGUES TO SUPPORT HIS SUPREME COURT NOMINEE

FITSNews - January 28, 2008 - State Senator Hugh Leatherman, whose unrivaled influence over South Carolina’s ever-escalating state budget has earned him the nickname “Godfather of Pork,” is using his powerful position as Senate Finance Chairman to steer legislative votes toward Supreme Court nominee Kay Hearn, sources familiar with the matter told FITSNews over the weekend.

According to one State Senator who spoke with us on the condition of anonymity, Leatherman called him into his office last Thursday afternoon and specifically threatened funding for projects in the Senator’s home district unless he supported Hearn, who is currently serving as South Carolina’s Chief Appeals Judge.

“I was told point blank to vote for her or my district would suffer the consequences in the budget,” said the Senator, who declined to identify himself for fear of retribution from Leatherman. “He ticked off a list of my projects, one by one.”

Another State Senator told FITSNews that he, too, was summoned to Leatherman’s office last Thursday and told to vote for Hearn, although he said that Leatherman’s budget threats were merely “implied,” not overtly-stated.

“He hinted at it very, very strongly,” the Senator said. “He didn’t come on out and say (projects would be threatened), but the message was loud and clear.”

According to a prominent State House lobbyist, Leatherman’s alleged blackmail tactics have already resulted in one State Senator changing her vote.

“He was calling Senators into his office pretty regularly last week,” the lobbyist told FITSNews. “I don’t know that he’s been successful with anybody else, but I know for a fact he got (State Senator Catherine) Ceips to switch her vote and he has put the fear of God into (State Senator Ronnie) Cromer.”

Neither Sen. Ceips nor Sen. Cromer were immediately available for comment.

“He’s putting the strong-arm on people, big-time,” the lobbyist said, noting that his preferred candidate has already dropped out of the race. “This is an effort by the trial lawyers and the Democrats to put another one of their own on the bench.”

Allegations of improper vote-trading were rampant during last year’s legislative election of Democrat Donald Beatty to the State Supreme Court.

Of course in a dramatic about-face, the architect of those maneuverings, State Rep. Harry Cato, is the floor leader this go-round for Hearn’s opponent, John W. Kittredge, who is considered to be the more conservative of the two finalists for the position.

“Harry’s trying to cover his ass,” the lobbyist told FITSNews.

This also marks the second time in the last year that Leatherman has been accused of abusing his control over taxpayer dollars to dictate terms to his colleagues. Last March, we broke open the story of South Carolina’s “competitive” grants program, a $46 million legislative slush fund that Leatherman also allegedly abused to influence votes on the State House floor.

Comments»

1. Pete - January 28, 2008

Based upon information and belief, Toal is desperate to get Kay Hearn on the Court. She can control Hearn, but not Kittredge. Pleiconas and Moore signed with Queen Jean the now infamous “Demand Subpoena Ducus Tecum” order which approved the questionable search and seizure of attorneys’ private files. She needs whoever replaces Moore to be another Democrat who will also sign anything she puts before them to keep her absolute power and control at 3-2.

2. Daniel - January 28, 2008

Until these unnamed Senators grow the balls to go on the record about this stuff, it’ll keep happening.

3. Daniel - January 28, 2008

Until these unnamed Senators grow the balls to go on the record, it’ll just keep happening.

4. Gal Leo - January 28, 2008

A serious question: is this really illegal, or is it just “improper?” While I recognize that “doesn’t this sort of thing happen all the time” doesn’t make it legal if it is prohibited by law, the fact that this sort of thing happens all the time would seem to indicate that not everybody believes this is as cut-and-dry as FITS suggests.

5. anotherscatty - January 28, 2008

I’ve heard that Hearn and Toal hate each other.

And Toal may be a Democrat but her legal opinions (at least on criminal matters) are just a little right of Attilla the Hun.

6. Cut and dried - January 28, 2008

Gal Leo: SC Code Section 2-19-70 (D): “No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member’s pledge to vote for a candidate for judicial office.”

Section E goes on to say that a violation of this provision “is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days.”

7. BULLS--- Brigade - January 28, 2008

I’m sorry, if Leatherman talked to me like that, I’d come out and tell the entire WORLD! That sucks that he would threaten other Senators. It wouldn’t work on me!

8. G.L. - January 28, 2008

Yeah I’m glad you broke this story, but I wish these Senators would speak out. If I were one of their constituents, I would respect a Senator who got no money for his district but stood up to crooked politicians like Leatherman.

9. fitsnews - January 28, 2008

Daniel & GL-

It is too bad they won’t use their names, but they’re scared. One of them told us something along the lines of “if they were going to shoot the devil in the back, they wanted to make sure they didn’t miss.” Sounded to us like a line from the Usual Suspects, but that’s neither here nor there.

Bottom line is that we also wish they would have had the balls to come forward and speak on the record (particularly since Leatherman is clearly breaking the law if what they say is true), but this was the only way they would talk to us about it, and we have an obligation to respect that.

Rest assured, though, there’s a lot of meat left on this bone.

-FITSNews

10. Scott - January 28, 2008

My limited understanding of the law is that not only is Leatherman breaking the law - but that any senator/representative who changes their vote because of his tactics is also breaking the law.

Is there anything that the Attorney General can do to get to the bottom of this?

Maybe it’s time for Lost Trust II…

11. SC Lawyer - January 28, 2008

Also, Hearn has violated the Judicial Merit Selection Committee’s prohibition on seeking endorsements before the release of the Committee’s final report by dispatching her former law clerks and surrogates to endorse her and seek pledges on her behalf.
See http://www.scbar.org/JMSC.pdf

The question is: will she get away with it or will the Legislature do anything about it…more info on this will be provided closer to the election date…

12. Climate - January 28, 2008

Why wasn’t Leatherman included in your list of hunks?

He could have shared a spot with Larry Marchant…2 halfs make a whole…

13. Believe It Not - January 28, 2008

Everyone needs to keep in mind sic(k) willie is well known for made up stories, false allegations, “unnamed sources” who speak only “under conditions of anonymity,” and williescams that are more like scoops of cat litter that news scoops.

Remember when he broke the news about an unnamed midlands elected official he claimed had a “Strom problem?” Heard any more about that? He promised and promised. It was a williescam.

Remember his news scoop about the Gub’ners laptop? sic(c) willie claimed the Gub’ner did ‘evil’ with the laptop. The Gub’ner denied it. Heard any more about that? No. Just another williescam.

More recently (sic)willie broke wind… uhh, broke “news” that there’s fat in the State budget. Imagine that- in SC. Then The State broke the news Ben Tilman was a racist. We’ve heard rumors Sherman’s troops burned Columbia, but let’s wait for willie to confirm it.

So, now we’re reading about (sic)will’s latest attach which is probably from information he heard from the dust bunnies under his bed.

(sic)willie needs to grow some of his own and name names. Quote sources by name. Become a legitimate source of news rather than the mouthpiece for your money masters.

14. queer as folks - January 28, 2008

We had our days when we poked sic willie like a dead dog like a melted dog on the side of the road and it was fun but rest assured there is nobody in South Carolina looking out for the truth like Will Folks!

Fight on…and pick that bone clean.

15. queer as folks - January 28, 2008

and by the way…doesn’t Hugh Leatherman look like an evil little leprechan or one of the keebler cookie elves that was given just a little too much meth so that he could work over time in the cookie tree!

Man you just got to love those crackers.

16. Believe It Not - January 28, 2008

By the way, sic(willie), since you admit to hearing allegations of what you think is a crime (from multiple) sources, we expect you have reported this to the proper law enforcement authorities.

The staff here is BIN News is sure that many of your readers are sending your post to the authorities. Hope you beat them there.

17. Helvidius - January 28, 2008

Although federal judges have been a rallying cry for conservatives since Nixon, there hasn’t been a similar effort at the state level. I’m guessing this is because state judges don’t deal with hot button issues like abortion, affirmative action, and separation of church and state. Simply put, control of the courts mean more to trial attorneys than the conservative base. Until conservatives can muster the strength to challenge their grip, the good ole boys (and girls) will continue to rule our courts. I don’t see this happening anytime soon.

18. for what it's worth - January 28, 2008

Post #1- I don’t doubt your sincerity, but your source is dead wrong regarding the relationship between Hearn and Toal. If the legislature wants another vote in the Toal coalition, Hearn is NOT the person to choose. I also have seen no evidence of any rule breaking by Hearn or her supporters. I know many of you are as familiar as I am with Hearn’s jurisprudence. It is so balanced that she doesn’t fit nicely into any category. Is she liberal? Is she conservative? Is she pro or anti-business? Or is she just a good judge?

19. interesting.... - January 29, 2008

Couldn’t agree with “for what it’s worth” more. Perhaps if people would stop trying to falsely label Hearn a liberal judge to serve their own agendas, and actually look at her body of work, they would realize Hearn is nopthing but the best judge in this state.

But what is really interesting is the fact that Will is som willing to roast Leatherman on this issue, but refuses to bring up the fact that Bobby Harrell has been strong arming people in the house (ie, threating to remove them from committee posts, etc.) to support Kittredge since even befor the election officially began.

Will, I appreciate your site and your efforts, but at least bring our both side of the story.

20. A lawyer - January 29, 2008

If you want a concrete example about the difficulty of pinning Judge Hearn as a liberal activist judge, simply look at her opinions in workers compensation cases. They strictly construed the law and as such were what the business coalition advocated as being the correct interpretation of the law during the workers comp fight.

21. Attorney Tremendous - January 29, 2008

To all: It is unfortunate when real issues and real controversies are confused with imaginary conspiracy theories. There is absolutely no secret relationship or secret deal between Chief Justice Toal and Chief Judge Hearn. Any statement alleging them to be secretly aligned is pure bologna and takes away from the real issues of this judicial race.

Chief Judge Kaye Hearn (please note her first name is KAYE, with an E) is an exemplary jurist who has successfuly lead the S.C. Court of Appeals for many years now. She is without question the most qualified candidate for the S.C. Supreme Court. She should be elected. That much is very clear for those who have researched the candidates and spent time dealing with real issues rather than with speculation and rumor.

If Senator Leatherman is backing Chief Judge Hearn, than he is a smart man. He should back her. If Senator Leatherman is trying to convince other legislators to vote for Chief Judge Hearn, than I agree with his actions because they should vote for Chief Judge Hearn. I see nothing beyond mere speculation, rumor, and conjecture that anything improper has gone on. There is a reason any statement to the contrary is from an “unnamed source;” a very big reason.

22. crying in the wilderness - January 29, 2008

Until the people want to elect new honest people to the Legislature ,they will keep getting what they ask for .The Supreme Court will stay the same with law breakers like Jean Toal until the people elect new legislators.The people are the only ones that can force change. The people will not vote for change until it is too late.VOTE ALL OF THEM OUT!

23. john - January 29, 2008

The same shenanigans are going on across the hall. Bobby Harrell is threatening members with removal from key committees if they don’t vote for Kittredge. Bobby will need votes from the upstate if he expects to be the next Governor.

24. BIN sucks - January 29, 2008

BIN-

You talk about “naming names” and “revealing sources”. Where are yours? When’s the last time you even hinted at revealing your identity? Only a pussy like you can run their mouth as much as you do under a hidden identity. Where’s your credibility in reference to your “knowings” and “dealings” with Sic Willie?

Learn how to play with the “Big Girls”, BIN. Get some balls and show yourself. Then we can see how really “accurate” you think you are.

25. anotherscatty - January 29, 2008

Katie Hearn is a snotty sorority girl with a walnut for a brain. She’ll fit right in with the Supremes!

Leatherman must be paying y’all off too.

Lay off the Krispy Kremes, Tremendous. You’re starting to stink the place up.

26. Pete - January 29, 2008

#18 - I heard Kaye Hearn’s canonization of Jean Toal speech on March 6, 2006. Even then it was coming out and people knew Queen Jean was addicted to politics and power. If truly independent, Hearn should never have gone on and on and on about Toal. I called the BAR’s CLE department and they cannot find the recording or tape of that Hearn pathetic song of adoration. Then Toal allowed Hearn to speak in Toal’s place at the August, 2007 Trial Lawyer’s convention at HHI. They’re “enemies.” Right.

27. peteisretarded - January 29, 2008

pete,

I’m sure if the Bar asked you to give a speech concerning Toal you would–in your true independence–tell it like it is, huh. I sure hope you don’t have any clients. Retard.

28. One South Carolina Lawyer Who Knows Better! - January 29, 2008

Dear FITS,

In the name of balance and fairness to the candidates, please investigate the Harrell issue alluded to above. You may recall a Greenville News article on January 12, 2008, that discussed Harrell’s ties to Kittredge. I would expect that you’d be equally alarmed of house committee positions being threatened in order to promote this relationship.

As for “Anotherscatty”, sorry to have to say it: You’re a complete joke as a lawyer, if you are one, and your comments are laughable. Judge Hearn happens to have an L.LM. in judicial process from the University of Virginia School of Law and was one of the very top graduates of her law school class.

As for the writer here about law clerks working on behalf of Hearn, your accusation is baseless. No one has violated any rule. In any event, if lawyers, former law clerks or not, are out there speaking on behalf of either judge, good for them. Also, get your facts right before you start accusing someone of breaking laws and being unethical. The committee’s report has already been published, so you don’t know what you’re talking about.

It’s a shame, too, that many posters on this site resort to innuendo and rumors, making statements that are defamatory at best. At some point, someone going to sue someone else in a defamation action for a libelous posting on this site and everyone’s identifies will all be revealed. Don’t you know that everything’s traceable to your computer’s address, even without your real name?

29. Pete - January 29, 2008

#27: You made my point. The only way one can provide good legal service to one’s clients in South Carolina is to actively participate in Toal Worship. Read Lambert’s and Waring’s comments after Toal’s speech last Friday. I am retarded, then. Guess that’s what gets me through the days of living in a Toal dynasty.

30. One South Carolina Lawyer Who Knows Better! - January 29, 2008

Bitter “Pete” must have an axe to grind. Pick a possible answer:

A. Pete lost a case in the appellate courts and is a sore loser.
B. Pete tried to get a job in the appellate system and failed.
C. Pete lost his bar license because he failed to follow the rules of professional conduct.
D. Pete wants to be a judge one day and that will never happen.
E. All of the above.
F. Some of the above.
G. At least one of the above
H. In addition to all, some, or at least one of the above, some other reason that rips the rug out from under Pete’s credibility because he doesn’t know what he’s talking about.

31. john - January 29, 2008

Did Bobby Harrell ask Judge Few to withdraw?

32. Believe It Not - January 29, 2008

Dear BIN sucks, Thanks will, for you comments. Glad to know you care about us. We know you,sic(k) willie, better than your momma knowz you.

33. Chillin' - January 29, 2008

#24 sounds more like sic(k) willie’s momma than willie. sic(k) willie is the kind of person only a momma can love or defend.

His “sources” won’t admit talking to him.

His money masters won’t admit to paying him (except Rod, once).

His former “clients” get arrested or investigated by Ethics’.

His gub’ner fired him. HoHum.

Now his gub’ner is really,really tissed about the latest williescam because it splashed all over like a discharge from Pork & Barrel.

His only real friend is Beldar of Remulak who has offered to let sic(k) willie live in the loft at his pig farm in Red Bank. That’s a very kind offer, but we worry about the virgin sows. sic(k) willie likes ladies.

34. Vouchers Are A Scam - January 29, 2008

sic(k) willie, you’re a crafty little bugger. Do you know what we mean?

Since you’ve not traveled internationally (as far as we knowz) we must ask: Do you know what that word means to citizens of the world?

You bugger! Enjoy it, you bugger!

35. Jakie - January 29, 2008

sic(k) willie,

We just bought half of Beldar’s pig farm in Red Bank. He’s a great guy, and you’re welcome to live in the barn on our farm anytime.

We know you have a thing for the ladies, so we must ask that you stay away from our pigs who are under 21. Pigs over 21 are fair game.

Just like your friends in the Vista. Amen.

36. SC Lawyer - January 29, 2008

To: SC Lawyer Who Knows Better

Your threats of a lawsuit is now going to cause major embarassment to a major law firm in SC and to a former clerk of Judge Hearn. There is written proof that the former clerk violated the provisions of the SC Judicial Merit Committee’s rules on endorsements prior to the release of the committee’s final report during the May 2007 election where Judge Hearn took a “holier than thou attitude” towards the other candidates.

37. Tina Adams - January 30, 2008

Kay Hearn could be the more qualified member of the Judiciary. She was passed over when Don Beatty ran last time because of the political payback owed for his challenging of Speaker Bob Sheheen during the reapportionment debate in 1993, which led to the eventual takeover of the SC House by the GOP in 1994. Hearn will most assuredly be Jean Toal’s “ace in the hole” to crush any attorney or anyone for that matter that stands in her way or in the way of her political allies. Leatherman is seeking shelter from a potential political storm by supporting her. Who knows at this point what ethical storm of improprieties that may be? Kittridge is a safer bet, however, waiting your turn at the end of the day does not make you the most qualified when your husband fixes the Bar Exam for the Chairman of the House Judiciary Committee’s daughter. This alone should place you at the back of the line to fight another day.

38. Pete - January 31, 2008

#37: While I agree Kaye Hearn will be more likely than Kittredge to be Toal’s “ace in the hole” to add to Toal’s power fixation, I disagree that Kaye’s husband, George Hearn assisted Toal in “fixing” the bar exam. The State newspaper on November 13, 2007 wrote, “?S.C. Board of Law Examiners chairman George Hearn said neither the high court nor any of his board members informed him about the matter after the board submitted final scores of the July exam to the court before they were posted Oct. 26.” While George Hearn came out and said he had nothing to do with the bar exam debacle, he certainly has remained absolutely silent about Toal’s continuing to lie about what happened. At this point I don’t believe either Kaye Hearn or John Kittredge can bring Toal back to honesty and integrity. Time is the enemy of absolute power……..