SC State Guard Military Law CLE 2020

Day 1: July 9, 2020

presented by The South Carolina Bar Continuing Legal Education Division

http://www.scbar.org/CLE

This program qualifies for 8.5 MCLE credit hours, including up to 1.0 LEPR credit hour. SC Supreme Commission on CLE Course #: 206014

1 Table of Contents

Agenda ...... 3

Speaker Biographies ...... 5

Introduction of South Carolina Military Law ...... 11 COL Robert (Sam), Phillips, Esq.

Defamation Law ...... 20 COL Robert (Sam) Phillips, Esq.

Drone Law ...... 32 CPT Thomas Fernandez, Esq.

Bankruptcy Law ...... 41 1LT Joshua McGlone, Esq.

CBD Law ...... 50 1LT Bradley Young, Esq.

S.C. Bar’s Pro Bono Program ...... 65 Betsy Goodale, Esq.

Immunity under State Law ...... 78 MAJ Brooks Davis, Esq.

Probate Law ...... 89 MAJ Andrew Holliday, Esq.

Workers Compensation ...... 98 T. Scott Beck, Esq., Workers’ Compensation Commission Chairman

Law of Armed Conflict ...... 99 MAJ Michael D. Ross, Esq. & MAJ C. Bennett Gore, Esq.

SC Attorney General’s Office ...... 118 COL Alan Wilson, Esq.

Soldier Readiness Processing ...... 121 Master Chief Charles Alan West, Jr., Esq.

Introduction to Service Animals ...... 148 LTC Pat Meyer, Esq.

Counselors at Law (Ethics) ...... 187 MAJ Thomas Winslow, Esq.

Current Trends in Cyber Security ...... 224 Senior Special Agent Sean Fay , SLED

SC Bar-CLE publications and oral programs are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Publications are distributed and oral programs presented with the understanding that the SC Bar-CLE does not render any legal, accounting or other professional service. Attorneys using SC Bar-CLE publications or orally conveyed information in dealing with a specific client's or their own legal matters should also research original sources of authority.

THIS MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE CLE DIVISION OF THE SC BAR.

TAPING, RECORDING, OR PHOTOGRAPHING OF SC BAR-CLE SEMINARS OR OTHER LIVE, BROADCAST, OR PRE- RECORDED PRESENTATIONS IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SC BAR - CLE DIVISION. 2 SC State Guard Military Law CLE 2020 Thursday, July 9, 2020

This program qualifies for 8.5 MCLE credit hours, including up to 1.0 LEPR credit hour. SC Supreme Commission on CLE Course #: 206014

7:00 a.m. Breakfast (provided)

8:00 a.m. Introduction to South Carolina Military Law Overview of South Carolina’s Organized Militia. COL Robert (Sam), Phillips, Esq. Staff Judge Advocate, SC State Guard.

8:30 a.m. Defamation Law Introduction to defamation law and update on recent South Carolina cases. COL Robert (Sam), Phillips, Esq. Staff Judge Advocate, SC State Guard.

9:00 a.m. Drone Law Overview of current drone law including a discussion of FCC Restrictions and FAA Emergency Waiver Law. CPT Thomas Fernandez, Esq. SC State Guard.

9:30 a.m. Bankruptcy Law Update on recent developments in federal bankruptcy law to include new provisions that favor military veterans. 1LT Joshua McGlone, Esq. SC State Guard.

10:00 a.m. Break

10:15 a.m. CBD Law Introduction to the civil and criminal legal issues associated with cannabidiol (CBD), one of many substances found in the cannabis plant. 1LT Bradley Young, Esq. SC State Guard.

10:45 a.m. S.C. Bar’s Pro Bono Program Overview of Bar’s Pro Bono program including the insurance and cost reimbursement services it makes available to all members of the SC Bar. Betsy Goodale, Esq. Pro Bono Program Director, SC Bar.

11:15 a.m. Immunity under State Law Review of South Carolina’s Tort Claims Act, Good Samaritan statute and other limited immunity statutes. MAJ Brooks Davis, Esq. SC State Guard.

11:45 a.m. Probate Law Overview of legal issues associated with simple wills, trusts and estates in South Carolina. MAJ Andrew Holliday, Esq. SC State Guard.

12:15 p.m. Lunch (provided)

1:00 p.m. Workers Compensation Overview of issues associated with the COVID-19 Pandemic T. Scott Beck, Esq. Chairman, South Carolina Workers Compensation Commission.

3 2:00 p.m. Law of Armed Conflict Introduction to Law of War (a.k.a. law of armed conflict) that is applicable to the United States Military. MAJ Michael D. Ross, Esq. & MAJ C. Bennett Gore, Esq. - SCNG

2:30 p.m. SC Attorney General’s Office Overview of the operations of the South Carolina Attorney General’s Office. COL Alan Wilson, Esq. South Carolina Attorney General; Staff Judge Advocate for the South Carolina Army National Guard.

3:00 p.m. Break

3:15 p.m. Soldier Readiness Processing Overview of key legal requirements for deploying soldiers including the Lautenberg Amendment, Servicemembers Civil Relief Act, and Uniformed Services Employment and Re-employment Act. Master Chief Charles Alan West, Jr., Esq. SC Army National Guard.

3:45 p.m. Introduction to Service Animals An overview federal and state laws regarding service animals used by civilians, law enforcement agencies and the military. LTC Pat Meyer, Esq. SC State Guard.

4:15 p.m. Counselor at Law (Ethics) A reminder that attorneys are also counselors as well as advocates and a call for a greater emphasis on the customer service part of the law. MAJ Thomas Winslow, Esq. SC State Guard.

5:15 p.m. Current Trends in Cyber Security Unclassified summary of cyber threats to South Carolina. Senior Special Agent Sean Fay, Cyber Liaison Officer – SLED

5:45 p.m. Adjourn

4 SC State Guard Military Law CLE 2020 Thursday, July 9, 2020

SPEAKER BIOGRAPHIES (by order of presentation)

COL Robert (Sam), Phillips, Esq. Staff Judge Advocate, SC State Guard

Staff Judge Advocate, SC State Guard, is a trial and appellate attorney who focuses on representing persons and small businesses who have been injured by the tortious conduct of others. Mr. Phillips graduated from the University of South Carolina’s School of Law and joined the South Carolina State Bar in 1999 after which he accepted a clerkship with the South Carolina Court of Appeals. Mr. Phillips has been representing individuals and small businesses in private practice since 2001. He is also an adjunct professor with the University of South Carolina’s Paralegal Certification Program where he has taught its torts and personal injury class since 2010. Prior to attending law school, Mr. Phillips served as an Armored Cavalry Officer in the United States Army. In July of 2014, he volunteered to serve with the South Carolina State Guard as the Deputy Commander of its Judge Advocate General (JAG) detachment. In January of 2019, Mr. Phillips was asked to serve as the Staff Judge Advocate (SJA) to the State Guard’s Commander and command the Guard’s JAG Detachment. An avid outdoorsman, Mr. Phillips holds a state certification (SARTEC II) to participate in search & rescue (SAR) missions with the State Guard.

CPT Thomas Fernandez, Esq. SC State Guard

SC State Guard, has served as a Judge Advocate since 2018. Fernandez Law LLC is located in the Charleston area and includes personal injury and workers’ compensation. He is also the CEO of SkyView Aerial Solutions LLC, an emerging technology company that provides services, training, and consulting to business, government, and military.

1LT Joshua McGlone, Esq. SC State Guard

Joshua McGlone is a Bankruptcy Attorney primarily representing consumers and small businesses throughout the Palmetto State. Joshua is a graduate of Marshall University, The Appalachian School of Law, and is member of the J. Bratton Davis American Inn of Court. a He is also a veteran of the Army Reserve where he served as a Combat Engineer. Currently he is a Member of the South Carolina State Guard's J.A.G. detachment. Joshua lives in Columbia with his wife and two children.

1LT Bradley Young, Esq. SC State Guard

Bradley has prosecuted hundreds of narcotics cases as an Assistant Solicitor for the 6th and 11th Judicial Circuits. Prior to becoming an Attorney Bradley obtained a degree in Cellular and Molecular Biology and served in the United States Army. Bradley joined the South Carolina State Guard in 2019 and has since provided legal assistance to the Army National Guard and State Law Enforcement. 5

Betsy Goodale, Esq. Pro Bono Program Director, SC Bar

Betsy is a 1985 graduate of Clemson University where she earned a Bachelor of Science degree in nursing. Three years later she decided to attend law school with an eye towards combining her nursing and law degrees and practicing in health law area. However, upon graduation in 1991, she accepted a two-year position in the Staff Attorneys Office at the South Carolina Supreme Court for the next 17 years, only using her nursing degree to diagnose various ailments presented by employees at the Court! Betsy became Chief Staff Attorney in 2003 and remained in that position until August 2018 when she made the decision to retire from state government and accept the position of Director of the Pro Bono Program at the South Carolina Bar.

MAJ Brooks Davis, Esq. SC State Guard

Brooks has a varied professional background in investment banking, aircraft sales, business ownership and law enforcement. He is also a professional pilot holding an Airline Transport Pilot rating with a Learjet type certificate. His practice is located in Mount Pleasant, South Carolina, where he focuses on aviation law and criminal defense. Brooks jointed the South Carolina State Guard in 2018 and has since served in the JAG detachment as a staff attorney, liaison to the provost marshal detachment and presently serves as liaison to search and rescue where is also certified as a SARTECH.

MAJ Andrew Holliday, Esq. SC State Guard

SC State Guard has served as a Judge Advocate for over three years. He is an Associate Attorney at Derrick, Ritter, Williams & Morris P.A. in Seneca, South Carolina.

T. Scott Beck, Esq. Chairman, South Carolina Workers Compensation Commission

Commissioner Beck was appointed to the South Carolina Workers’ Compensation Commission on June 30, 2008 by Governor Mark Sanford. In 2010, he was elected by the Commission as Interim Chairman and subsequently nominated by Governor Haley for reappointment in 2012, 2014, and 2016 as Chairman. He graduated with a BS Degree from Penn State University in 1981 and from the University of South Carolina School of Law in 1999. Prior to joining the Commission, he served in various positions in law enforcement from 1979-1996 and most recently as an Assistant Attorney General from 2000-2008 prosecuting healthcare fraud cases. Commissioner Beck served as a City Councilman in North Augusta, South Carolina from 1993-1996, and was elected to the South Carolina House of Representatives, serving from 1996-2000. Commissioner Beck currently serves on the Board of Directors of the National Association of Workers’ Compensation Judiciary and the Southern Association of Workers’ Compensation Administrators.

6 MAJ Michael D. Ross, Esq. – SCNG

MAJ Ross grew up in Greenville, South Carolina. He earned a B.A. in History from Emory University and a J.D., cum laude, from Samford University. While in law school, he was a member of the law review and the Federalist Society. MAJ Ross works at the South Carolina Attorney General’s Office in the Capital Litigation Section. In that capacity, he represents the State of South Carolina in murder appeals, capital collateral litigation, and federal habeas litigation. Prior civilian employment includes service as an assistant solicitor in Lexington County, assistant attorney general in the State Grand Jury/Prosecution Section, and attorney advisor with the Department of Justice. MAJ Ross is presently assigned to the 228th Signal Brigade. From 2010-2011, he served in Iraq as a judge advocate with the 1/1 HBCT. His professional military education includes the Command and General Staff College Common Core (ILE), the Judge Advocate Officer’s Advanced Course, the Operational Law of Armed Conflict Course, the National Guard Cyber Law Course, the Judge Advocate Officer’s Basic Course, and the Direct Commission Course. Outside of the law, he enjoys reading, CrossFit, and various podcasts. He is engaged to be married in April 2020.

MAJ C. Bennett Gore, Esq. – SCNG In addition to his position as the director of the Veterans Legal Clinic at the University of South Carolina School of Law, Bennett Gore currently serves in the South Carolina Army National Guard with the 59th Troop Command. He joined the South Carolina Army National Guard after leaving active duty in the United States Army. Prior to joining the School of Law, Gore represented Veterans in private practice from August 2014 until February 2018. Previously, he served on active duty at multiple locations and in multiple positions. His assignments included: Trial Defense Counsel at Fort Polk, Louisiana, from August 2013 to August 2014, Senior Trial Counsel at Fort Stewart, Georgia, for Third Infantry Division from July 2012 to August 2013, Senior Defense Counsel at Fort Jackson, South Carolina, from July 2011 to July 2012, Senior Defense Counsel at Camp Victory (Baghdad), Iraq, from July 2010 to July 2011, Defense Counsel at Fort Jackson, South Carolina, from June 2009 to July 2010, Deputy Staff Judge Advocate at White Sands Missile Range from January 2008 to June 2009, Trial Counsel and Civil and Administrative Law Attorney at Fort Bliss, Texas, from April 2006 to January 2008. His military education includes the Judge Advocate Officer Basic Course, the Judge Advocate Officer Advanced Course, and numerous Army and Department of Defense courses on criminal law, trial advocacy, and civil and administrative law. Education: University of South Carolina, M.B.A. 2017 University of South Carolina School of Law, J.D. 2005 Wofford College, B.A. 2002

COL Alan Wilson, Esq. South Carolina Attorney General; Staff Judge Advocate for the South Carolina Army National Guard

Alan Wilson is now serving his third term as South Carolina’s Attorney General after being re- elected in November 2018. He has also served in the National Guard for 23 years, including a combat tour in Iraq, and is now the Army Judge Advocate General for South Carolina. As Attorney General, he has focused on fighting human trafficking, with a report last year ranking our state best in the nation for improving its human trafficking laws and this year’s report showing continued improvement in fighting that crime. He has7 led on numerous national issues, and has sued the federal government, both Democratic and Republican administrations, to keep South Carolina from becoming a plutonium dumping ground. He’s also fought against frivolous lawsuits that target manufacturers. Wilson has led the fight for relief for utility ratepayers, arguing that the Base Load Review Act was unconstitutional and demanding full rate relief. He is now involved in protecting South Carolina’s coast from seismic testing and offshore drilling.

Master Chief Charles Alan West, Jr., Esq. SC Army National Guard.

Charles A. West, Jr. (Alan) currently serves as the Legal Administrator for the South Carolina Army National Guard. Previously, he served for over twenty years as an Army National Guard Aviator in a variety of Army aircraft and assignments. From 1994-1997, he served as an Army Judge Advocate on active duty at FT Knox, KY. While there he served in the Legal Assistance and Military Justice divisions of the Office of the Staff Judge Advocate. He also served as a Special Assistant US Attorney for the Eastern District of Kentucky. From 2005-2009, he served as a Trial Counsel with the 1st Legal Support Organization, US Army Reserve, based at FT Sam Houston, TX. Alan served in the US Marine Corps from 1981-1984 as an infantryman in the 3rd BN, 2nd Marines. He completed a Western Pacific deployment as part of a Battalion Landing Team and he served aboard the USS Bristol County. From 1992-1994, Alan was a Deputy with the Spartanburg County Sheriff’s Office. He was a US Border Patrol Agent assigned to the Mercedes Station, McAllen Sector, in Texas from 1997-1998. While attending the University of South Carolina at Spartanburg Alan participated in the Army ROTC program. He completed his BA in 1987 and was commissioned a Second Lieutenant in the SC Army National Guard. He graduated from the University of South Carolina School of Law in 1992. He has been married to his wife, Ruthellen, since 1985, and they have two adult children, Jessica and Roger.

LTC Pat Meyer, Esq. SC State Guard

LTC Meyer has been a member of the South Carolina State Guard since 2004. She initially served as a horse handler in the State Guard Military Caisson Detachment and later as an assistant Judge Advocate General. She currently serves on the commanding general’s staff as the SCSG legislative liaison. She joined the Richland County Sheriff’s Department Reserve Deputy program in 2003 and was commissioned as a law enforcement officer in 2004. In 2005 she attained adjunct instructor certification from the South Carolina Criminal Justice Academy and has served as a legal instructor in the Richland County Sheriff’s Department training division since that time. In addition to her duties as a legal instructor Deputy Meyer and her horse Frank are graduates of the Southern Police Institute Mounted Patrol School and are original members of the RCSD Mounted Patrol Unit. LTC Meyer received her undergraduate education at Duke University and Emory University. She received a Masters degree from the University of Georgia in 1979 and a Juris Doctor degree from the University of South Carolina School of Law in 1995. While in law school she served as a Volunteer Guardian Ad Litem and was a regular volunteer at the SC Bar Ask-a Lawyer program. She has worked as a disability adjudicator since 1999. She is a member of the SC Bar Military Law, Criminal Law and Government Law sections. She will be speaking on the topic of state and federal laws pertaining to service animals. Her presentation will provide an overview of policies, practices and procedures governing the use of service animals covered under the Americans with Disabilities Act. Other topics will include the use of service animals by law enforcement agencies and the use of military working animals by various branches of the armed forces. 8

MAJ Thomas Winslow, Esq. SC State Guard

Attorney Thomas W. Winslow is a founding partner of Goldfinch Winslow, LLC in Murrells Inlet, South Carolina. He has vast experience with medical malpractice and personal injury cases. He has also worked with employment law, criminal matters, homeowners associations, police and jail misconduct, maritime law, and products liability. Throughout his practice – whether defending the criminally accused, litigating a contentious claim, or researching and preparing legal documentation – he exhibits an ability to represent clients with the highest degree of competence and professionalism. Tom is licensed to practice in state and federal court in South Carolina and Washington D.C. This honor allows him access to over 17 state courts through the reciprocity process. He has also been admitted to practice in Georgia, North Carolina, Pennsylvania, Cherokee Reservation, and Tennessee. Along with practicing law, Tom is a certified Notary and Mediator in the State of South Carolina. Mediation is a conflict resolution process in which Attorney Winslow helps aggrieved parties settle their differences and resolve disputes. In High School, Tom met his wife Lauren and they quickly became best friends. They married in 2006 and moved from Columbia to Georgetown, SC. Lauren Winslow was the Parish Administrator at Prince George Episcopal Church, before deciding to stay at home with their daughter Lea and son William. Together, the Winslows serve their community through many charitable and civic organizations. Prior to attending Law School, Tom worked at the National Advocacy Center – the designated training center for all federal prosecutors located in Columbia, South Carolina. Mr. Winslow then earned his law degree from Loyola School of Law and his B.A. in International Studies from the University of South Carolina. After his graduation, Mr. Winslow joined the Bell Legal Group with a focus on professional malpractice, criminal law, and personal injury. He was soon admitted to practice in the Federal District Court of South Carolina. In 2011, Tom joined the Graham Law Firm, P.A. and handled their medical malpractice litigation department which included birth injury litigation. Tom accepted a position with Boyd Goldfinch Law Firm as of counsel in 2012. This role allowed him the opportunity to apply his knowledge and experience in helping the people of his community. During this time, Mr. Winslow earned an advanced degree in maritime law from the Charleston School of Law. In his current work at Goldfinch Winslow, LLC, Tom’s involvement with clients often results in a relationship that lasts well beyond the case. He attentively listens and cares about each client. “We value our clients and our community; that is why we fight for both. Since 2005, I have been helping people and businesses by litigating for those that need an advocate. I have worked on complex litigation with both the plaintiff and the defendant. The practice of law is exciting and every day motivates me to do the best I can for my clients.” When not at work, Tom has served as a Board of Director for the Winyah Auditorium, YMCA, SOS, Winyah Gym, Patriots Club, St. Francis Animal Center, and the Tara Hall Home for Boys. He was appointed to the State Pilotage Commission which governs all the state maritime pilots. He is a frequent guest speaker, presenter, and lecturer throughout the state. He enjoys the outdoors, skiing, cooking, exercising with his wife, and family time with their young daughter and son.

Senior Special Agent Sean Fay, Cyber Liaison Officer – SLED

Senior Special Agent Sean Fay has worked in law enforcement for 25 years starting in North Carolina and eventually found his way to SLED via Myrtle Beach. In that time, he has worked in Patrol, Street Crimes, Crime Prevention, Special Operations, and Traffic. With the South Carolina Law Enforcement Division, SSA Fay served as the Automated License Plate Recognition Coordinator and Local Agency Security Officer focusing on IT security and federal compliance. In his current role, he serves as the Cyber Liaison Officer for the South Carolina Critical Infrastructure Cybersecurity Program. His primary function is to work with critical infrastructure facilities around the state to help secure their cyber infrastructure, provide actionable intelligence, and respond to real time cyber threats. He’s a member of the SLED SWAT team, a hostage negotiator, firearms instructor, and is a field training agent. He holds an Associate’s Degree from Methodist University, a Bachelor’s Degree in Business from Baker College and is completing his Masters in Criminal Justice from the University of Louisville. He holds certificates as a Certified Ethical Hacker and Certified Network Defense Architect. SSA Fay also serves as a Captain in the SC Army National Guard.

10 Introduction to South Carolina Military Law

11 Welcome!

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

12 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

The South Carolina Militia

“The militia of this State consists of all able-bodied persons over seventeen years of age who are: (1) citizens of the United States residing within this State; (2) citizens of the United States bound by law, lawful order, or contract to serve in the militia or military forces of this State; or (3) persons who have declared their intention to become citizens of the United States and are bound by law, lawful order, or contract to serve in the militia or military forces of this State. S.C. Code § 25-1-60(A).

- Organized Militia: (1) Federally recognized members of the National Guard and (2) Individuals holding ranks within the SC Military Department that are not federally recognized. S.C. Code § 25-1-10(19). - Classes of the Organized Militia: (1) National Guard, (2) Organized Militia Not in National Guard Service (State Guard), & (3) Unorganized Militia.

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

13 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

South Carolina State Guard “A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South CarolinaState Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment asthe Adjutant General may deem necessary.” S.C. Code § 25-3-10.

- Under the authority of the Governor. S.C. Code § 25-1-50. - Part of the South Carolina Military Department. S.C. Code § 25-1-10 (5). - Under the command of state’s Adjutant General (TAG) and subject to jurisdiction of SCNG’s Inspector General (IG). S.C. Code § 25-3-90. - Authorized by Federal Law. 32 USC § 109(e). - State Guard may not be “federalized.” 32 USC § 109(d).

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

14 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

SCSG Mission

“Whenever any part of the National Guard of this State is ordered into Federal service so as to cause the State to be, in the opinion of the Governor, without proper defense, the Governor may call the South Carolina State Guard into state duty.” S.C. Code § 25-3-20.

“The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace or imminent danger thereof or to enforce the laws of this State order into service any part of the South Carolina State Guard that he may deem necessary.” S.C. Code§25- 3-130.

- Expansive view of “without proper defense” by the National Guard pursuant to Section 25-3-20. - Section 25-3-130 is vestige of warfighting mission.

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

15 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

SCSG Regulation

“The Governor may prescribe rules and regulations consistent with the provisions of this chapter governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such force. But such rules and regulations in so far as he deems practicable and desirable shall conform to the existing law governing and pertaining to the National Guard and the rules and regulations promulgated thereunder.” S.C. Code § 25-3-80.

- Regulations promulgated by Governor and TAG. S.C. Code § 25-1-50. - SCSG Reg 670-1 (appearance, grooming and uniforms), SCSG Reg 710- 10 (property accountability), and SCSG Reg 672-1 (awards and decorations). - Chief National Guard Bureau Instruction (CNGBI) 5500.01. (replaced National Guard Regulation (NGR) 10-4)

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

16 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

SCSG Organization

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

17 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

Executive Orders

- Issued by “The Governor of the State of South Carolina.” - The Governor is vested with the “supreme executive authority” of the State. S.C. CONST Art. IV, § 1. - The power of the Governor to issue executive orders is an inherent element of executive authority that is implied, rather than expressed power of the office. - The effect and duration of executive orders depend primarily upon the order's substantive language. [Often] executive orders [issued during] a state of emergency … the first executive order will declare a state of emergency for a definite or indefinite time, and when the emergency has ended, a subsequent executive order may be issued to rescind the original. 12 S.C. Jur. Governor § 46.

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

18 SOUTH CAROLINA STATE GUARD JUDGE ADVOCATE GENERAL (JAG) 2020 CLE TRAINING

Recent Deployments

- 2014-06 &11 > State of Emergency due to Severe Winter Weather - 2015-18 > Enhanced Security of SC National Guard Recruitment Centers - 2015-21 > State of Emergency due to Hurricane Joaquin - 2016-31 > State of Emergency due to Hurricane Matthew - 2017-20 > State of Emergency due to Hurricane Irma - 2018-10 > Ordering State Guard to Assist Correctional Facilities - 2018-26 > State of Emergency due to Hurricane Florence - 2018-48 > State of Emergency due to Hurricane Michael - 2019-26 > State of Emergency due to Hurricane Dorian - 2020-08 > State of Emergency due to COVID-19 - 2020-09 to 23 > Additional COVID-19 Orders - 2020-24 > State of Emergency due to Severe Weather Event on April 13

Colonel Robert B. (Sam) Phillips, Esq. Staff Judge Advocate for the SC State Guard

19 Defamation Law

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AVOIDING DEFAMATION CLAIMS IN SOUTH CAROLINA

LTC D. Michael Henthorne Deputy Staff Judge Advocate South Carolina State Guard

Agenda

• What is defamation? • Elements • Damages • Defenses • Recent noteworthy case

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The Law of Defamation in South Carolina

“The law of defamation in South Carolina has been described as ‘mind‐numbingly incoherent…’”

‐Seaton v. City of N. Charleston, 2012 WL 6186158, at *2 (D.S.C. Dec. 12, 2012) (Dist. Judge Norton).

Defamation – What is it? “The tort of defamation allows a plaintiff to recover for injury to [his/her] reputation as the result of the defendant's communication to others of a false message about the plaintiff.” ‐ Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502, 508, 506 S.E.2d 497, 501 (1998).

“Slander is a spoken defamation while libel is a written defamation or one accomplished by actions or conduct.” Id.

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Important Note • “[A]n important initial step in analyzing any defamation case is determining whether a particular plaintiff is a public official, public figure, or private figure.” Erickson v. Jones Street Publishers, LLC, 368 S.C. 444, 465, 629 S.E.2d 653, 664 (2006); • “This determination is a matter of law which must be decided by the court, ...” Id.

Defamation – Per Se and Per Quod • The defamatory meaning of a message or statement may be obvious on the face of the statement, in which case the statement is defamatory per se. • An example of defamation per se is “A is a thief.”

Holtzscheiter, 332 S.C. at 508–09, 506 S.E.2d at 501.

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Defamation – Per Se and Per Quod • If the defamatory meaning is not clear unless the hearer knows facts or circumstances not contained in the statement itself, then the statement is defamatory per quod. • In cases involving defamation per quod, the plaintiff must introduce facts extrinsic to the statement itself in order to prove a defamatory meaning. • An example of defamation per quod is “A had a baby” where the extrinsic fact is that A is unmarried. Holtzscheiter, 332 S.C. at 508–09, 506 S.E.2d at 501.

Elements To establish a defamation claim in SC, a plaintiff must prove:

(1) a false and defamatory statement was made; (2) the unprivileged statement was published to a third party; (3) the publisher was at fault;and (4) damages ‐ either the statement was actionable regardless of harm or the publication of the statement caused special harm.

‐Fleming v. Rose, 350 S.C. 488, 494, 567 S.E.2d 857, 860 (2002).

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Damages

Key Question: Is the statement “actionable per se?”

Whether a statement is “actionable per se ” is one of pleading and proof, and is always a question of law for the court.

Damages • If a defamation is actionable per se, then under common law principles, the law presumes the defendant acted with common law malice and that the plaintiff suffered general damages. • If a defamation is not actionable per se, then at common law, the plaintiff must plead and prove common law actual malice (i.e. “ill will”) and special damages.

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General vs. Special Damages

• General damages in the defamation context include such things as injury to reputation, mental suffering, hurt feelings, and other similar types of injuries which are incapable of definite money valuation. • On the other hand, special damages are tangible losses or injury to the plaintiff's property, business, occupation or profession, capable of being assessed monetarily, which result from injury to the plaintiff's reputation.

Damages – Actionable Per Se

• Libel is actionable per se if a trial judge can legally presume, because of the nature of the statement, that the plaintiff's reputation was hurt as a consequence of its publication.

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Damages – Actionable Per Se

• In contrast to libel, slander is actionable per se only if it charges the plaintiff with one of five types of acts or characteristics: (1) commission of a crime of moral turpitude; (2) contraction of a loathsome disease; (3) adultery; (4) unchastity; or (5) unfitness in one's business or profession.

Focus of defamation “Defamation does not focus on the hurt to the defamed parties' feelings, but on the injury to their reputations. Murray v. Holnam, Inc., 344 S.C. 129, 138, 542 S.E.2d 743, 748 (Ct.App.2001).”

‐Castine v. Castine, 403 S.C. 259, 265, 743 S.E.2d 93, 96 (Ct. App. 2013)

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Who Determines Damages

The jury maintains discretion, as reviewed by the circuit court, in awarding actual and punitive damages. See Miller v. City of West Columbia, 322 S.C. 224, 230, 471 S.E.2d 683, 687 (1996).

Defenses ‐ Truth

“The truth of the matter is a complete defense to an action based on defamation.” ‐WeSav Fin. Corp. v. Lingefelt, 316 S.C. 442, 445, 450 S.E.2d 580, 582 (1994) (per curiam).

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Defenses – Qualified Privilege Under the defense of a qualified privilege, “one who publishes defamatory matter concerning another is not liable for the publication if (1) the matter is published upon an occasion that makes it [qualifiedly or] conditionally privileged, and (2) the privilege is not abused.” Swinton Creek Nursery v. Edisto Farm Credit, ACA, 334 S.C. 469, 484, 514 S.E.2d 126, 134 (1999)

Recent Notable Case Kennedy v. Richland County School District Two Appellate Case No. 2015‐000613 (Ct. App. 2019) FACTS • Kennedy worked as a security guard for the School District during the third shift (11:00 p.m.‐7:00 a.m.). • After $1,000.00 was stolen from the athletic director’s office, Kennedy was placed on paid administrative leave based on inconclusive video footage. • No further investigation was done by the School District and the investigation was turned over to the Richland County Sheriff’s Department.

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Recent Notable Case Kennedy v. Richland County School District Two Appellate Case No. 2015‐000613 (Ct. App. 2019) • Kennedy was never charged with the theft but the School District believed Kennedy was the thief and stated he could not be trusted as a security officer as he was the “common denominator” in other thefts that had occurred. • Kennedy was told he would not be considered for a promotion but was allowed to return to work.

Recent Notable Case Kennedy v. Richland County School District Two Appellate Case No. 2015‐000613 (Ct. App. 2019) • Kennedy was not allowed to have keys or patrol buildings. Instead, he was assigned to the securitywatchroominwhatamountedtoa reduced, desk‐duty role. • An email to this effect was sent to security supervisors and an HR director. This email was printed in an unsecured vehicle and on a desk in an unsecured room.

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Recent Notable Case Kennedy v. Richland County School District Two Appellate Case No. 2015‐000613 (Ct. App. 2019) • The Court held that a “mere insinuation” is as actionable as a positive assertion if it is false and malicious and the meaning is plain. • The defamatory statement was an email, which insinuated that Kennedy was a thief and he could not be trusted with keys, even as a security guard.

AVOIDING DEFAMATION CLAIMS IN SOUTH CAROLINA

Thank You!

D. Michael Henthorne Ogletree, Deakins, Nash, Smoak & Stewart, P.C. [email protected] 803‐252‐6873

31 11 Drone Law

32 1

Drone Legal Landscape

33 1 Objectives

• Understand the Regulatory Landscape • Identify Regulatory Bodies • Determine Airspace Operations • Understanding Litigation Landscape & Precedential Influence

Regulatory Landscape

Fly for Fun Fly for Work

Pilot Requirements No pilot requirements Must have 107, 16 yrs old, Must pass TSA vetting. Location Requirements 5 miles from airports w/o prior Class G Airspace notification. Operating Rules Must yield to manned aircraft, Same and not over people, at or VLOS, must notify within 5 miles below 100 mph, during day. Legal or Regulatory Basis Public Law 112-95, Section 336 14 CFR 107 (Part 107)

34 2 Regulatory Landscape

• Recreation vs. Commercial vs. Public Use • Aircraft Registration • The “333,” Part 61, Part 107, and Certificate of Authorization (COA)

Regulatory Landscape

Part 61 (Manned) & Part 107 (Remote) Licensed Pilots

35 3 Regulatory Landscape Unmanned Aircraft Registration

Regulatory & Controlling Bodies

36 4 The National Airspace System

The National Airspace System

37 5 Legal / Litigation Landscape • Drones are Aircraft – Huerta v. Pirker (2014) & “Aircraft”

• Shooting at Aircraft in the NAS – Boggs v. Meredith (2016)

• Federal Preemption on Local Drone Laws – Singer v. City of Newton (2017)

Fourth Amendment The Plain View Doctrine Authorizes warrantless searches when an officer, in a lawful place, can plainly see an item of incriminating character, including from public airspace. • Wellford v. Virginia, 227 Va. 297 (1984). 1,000-feet • California v. Ciraolo, 476 U.S. 207 (1987). 1,000-feet • Giancola v. West Va. Dep’t of Pub. Safety, 830 F.2d 547 (4th Cir. 1987). 100-feet • Florida v. Riley, 488 U.S. 445 (1989). 400-feet • U.S. v. Breza, 308 F. 3d. 430 (5th Cir. 2002). 200-feet

38 6 Fourth Amendment Private Property Right in Emergency Scene(s) Rivera v. Foley • Plaintiff directed a flying object into a police-restricted area, where it proceeded to hover over the site of a major motor vehicle accident and the responding officers within it, effectively trespassing onto an active crime scene.

U.S. v. Causby, 328 U.S. 256, 266 (1946). • Invasions to airspace situated within "the immediate reaches" of land—including airspace so close to the land that invasions of it affect the use and enjoyment of the surface of the land—are in the same category as invasions to the land itself.

• What is the primary regulatory body over unmanned aircraft? • What determines UAV registration? • Who needs a license when flying UAS? • How does the National Airspace System affect UAS flight? • What important cases shape current drone law landscape?

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40 8 Bankruptcy Law

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BANKRUPTCY & THE MILITARY

Presenter Contact Information

1LT. Joshua R. McGlone, Esq. Matthews and Associates, LLC 2010 Gadsden St. | Columbia, SC 29201 803‐799‐1700 [email protected]

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TASK, CONDITION, & STANDARD

• TASK: To give participants a brief overview of bankruptcy and its effects on service members, veterans, and their families

• CONDITION: Classroom setting or web‐based viewership

• STANDARD: No assessment will be given. Upon completion, participants will have an introductory knowledge of the applicable bankruptcy regulations affecting service members, veterans, and their families.

Contents

1. Types of Bankruptcy • Chapter 7 • Chapter 13 • Chapter 12 • Chapter 11/ Subsection V 2. H.A.V.E.N. Act (11 U.S.C. § 101(10A)(B)(ii)(IV)) 3. Types of Debt 4. Common No‐Go Issues 5. Military Security Clearances and Reenlistment

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Bankruptcy Basics

11 U.S. Code Title 11—BANKRUPTCY

Parties Involved: 1) Debtor: the individual, couple, or business that filed bankruptcy 2) Creditors: the parties that hold a claim against the Debtor 3) Trustee: appointed individual who represents the Debtor’s estate and the interests of the Creditors 4) Bankruptcy Judge: the ultimate arbitrator on matters before the court • Bankruptcy Judges are Article 1 judges and are adjunct to the Federal District Court. Judges have a duty to uphold the Bankruptcy Code. Note: Bankruptcy Judges enjoy wide ranging powers and have granted actual and punitive damages in cases.

Types of Bankruptcy

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Chapter 7 – Liquidation

• Available to individuals who earn an income that is under the state’s Median Income per the Means Test and have no excess income on Schedules I & J • Allows the Debtor to essentially walk away (or discharge) their debt and start over fresh • Significant risk for individuals with substantial assets • Note: will not help with restructuring secured debts or repaying priority debt

Chapter 13 – Restructure

• Restructure of secured debts • Monthly plan payments for 3‐5 years based on excess income • Repayment to unsecured creditors based on excess income and Means Test • Must require permission of the Court to purchase or sell a house or car or to incur any debt (caveat: likely not a Federal Student Loan) • Will repay priority debt in the plan

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Chapters 12, 11, & 11 Subsection V

• Chapter 12 – Fishermen and Family Farmers

• Chapter 11 – restructure for individuals with significant debt loads and businesses

• Chapter 11 Subsection V – Small Business Restructure

Benefits of Bankruptcy

• Places an Automatic Stay on Debtor’s estate by STOPPING ALL: • Foreclosures • Repossessions. Return repossessed cars if filed within 10 days of Creditor securing collateral • Garnishments • Court actions • Bankruptcy also sets: • A standard interest rate (Chapter 13) • A base balance on debts and a repayment period in Chapter 13 Plan • Some taxes can be paid at a lower rate than what is owed • NOTE: Filing will not stop Creditor’s right to set‐off against bank accounts!

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Income Included on the Means Test

• Retirement Pension • B.A.H. & Dependent Pay • D.S. Pay or other reoccurring special assignment pay • T.D.Y. (if reoccurring) • G.I. Bill income (12‐month average) • Post 9/11 G.I. Bill Income (12‐month average) • Drill Pay (12‐month average)

Honoring American Veterans in Extreme Need (H.A.V.E.N.) Act • 11 U.S.C. § 101(10A)(B)(ii)(IV) • Disability and death benefits paid by the V.A. • Compensation for catastrophic injuries or illnesses • Any combat‐related special compensation • Disability severance pay paid by the D.O.D. • Any payment by the D.O.D. to a survivor • Disability‐related military retirement pay paid by the D.O.D. to a retired servicemember

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Types of Debt

SECURED UNSECURED • Mortgages, H.E.L.O.C. • Credit Cards (maybe) • Car payments • Note Loans (maybe) • Title loans • Lines of Credit (maybe) • Secured(finance co.) loans • Medical Bills (S.C. Tax Lien?) • P. M. S . I . • Repossession Deficiency • U.C.C. 1 • Mortgage Deficiency (maybe) • Judgments • Attorney Debts (maybe family court lawyer)

Big No‐Goes For Veterans and Servicemembers • V.A. Loans: if a deficiency occurs as a result of the foreclosure sale, it must be repaid to requalify • Military Star Card: occasionally secured against some electronic purchases • Navy Federal: lines of credit and credit cards are secured against Debtor’s accounts. Subject to set‐off. Often cross‐collateralized with auto loans. • H.E.L.O.C.: just because the bank is not asking for payments doesn’t mean the note will not mature • Chapter 13 may affect a Debtor’s ability to enter into a new lease

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Security Clearances

• Will likely not affect current secret security clearances • Best practice is to check with the subject matter expert handling Debtor clearance for top secret or special clearances • Best practice is to file after you have reenlisted. Some debts, even though discharged, must still be disclosed on Debtor’s application or renewal paperwork. • Some civilian jobs that require a clearance to work with sensitive items may be affected

QUESTIONS

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Hemp and CBD in South Carolina

PRESENTED BY 1LT BRADLEY YOUNG

CANNABIS 101 Hemp and CBD in South Carolina

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• Cannabis Split into two “species” • Cannabis Sativa: Taller and more fibrous • Source of Hemp and (majority) of Marijuana • Cannabis Indica Shorter, bushier, higher THC content • (wide variety of debate regarding differences in species as well as recognized variation within species)

• Differentiation between Hemp and Marijuana: THC

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• THC • Tetrahydrocannabinol • Acts on central nervous system • Releases dopamine  euphoria • Effects: • Heightened senses • Distorts sense of time • Lowers motor skills • Reduces inhibitions

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HEMP Hemp and CBD in South Carolina

Hemp • Cannabis Sativa L Species Plant • and any part of the plant including extracts • Must have a THC content lower than 0.3% • 7 USC 5940

S.C. Code Ann. Sec. 46-55-10

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Hemp Industrial uses:

“cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol (CBD- added)”

Unprocessed/raw plant material is not a hemp product per SC law (more later)

S.C. Code Ann. Sec. 46-55-10

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Legislative History

• Historically hemp widely used in US (drafts of DOI written on hemp) • Marihuana Act of 1937 (US) • Criminalized Hemp • Continued in the Controlled Substances Act (US) 1971 • Marijuana defined as all parts of Cannabis sativa L plant • Act 216 (SC) 2014 • Legalized industrial hemp production in SC • But found to be preempted by federal law • 2018 Farm Act (US) • Eased state restrictions allowing for hemp production • Hemp Farming Act of 2019 (SC) • Source of law for SC

April 2, 2020: U.S. Dept. of Agriculture approved 2020 SC State hemp farming plan • 2020 plan focuses on stricter compliance with 0.3% Rule

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How is Hemp Regulated in SC?

• Law: Hemp Farming Act of 2019 – Title 46 Chapter 55 • Regulation SC Dept. of Agriculture

Hemp Farming • Apply to SCDA for permit (filing period Feb-March) • Requires criminal background check and SC residency • SC law does not limit acreage of crops, but all land used for farming hemp must be pre-registered with SCDA

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Hemp Processing License • Apply through SCDA • Requires Agriculture Dealer and Handler License • Must be bonded • Requires Weighmaster License • Requires Hemp Handler License • Requires Criminal Background Check • Allows process of non-living plant material • NO rooted/growing plant handling

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July 10, 2019 Attorney General Opinion

• Addressed 5 Questions: • Sale of unprocessed hemp • Possession of unprocessed hemp • Is unprocessed hemp contraband • Packaging of hemp = processing • Penalty for selling a hemp product with greater than 0.3% THC content

Conclusions of the Opinion • Illegal to possess unprocessed hemp • Under the Act, license required to cultivate or process. Illegal to possess without licensing from SCDA • Unlicensed utilization of hemp is criminal • Based on analysis of prior legislative scheme criminalizing hemp • Industrial hemp treated as “exception” from criminal statute • Subject to penalty under 17-25-30 • Unprocessed hemp is Contraband • References to moonshine and video gambling machine precedents in SC

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• Packaging of Hemp is not Processing • 46-55-10(12) of Act defines processing as converting to “marketable form” • Act clearly excludes unprocessed plant from definition of “hemp products” • Hemp Products with a THC concentration greater than 0.3% are considered Marijuana • SC Act adopts federal definition of hemp (cannabis with <0.3% THC). • Anything that falls outside that definition = marijuana ; and • Punishable under existing criminal statues concerning marijuana • Note courts have upheld marijuana convictions for persons in <0.3% THC cases where the defendant didn’t have proper state licensing (KY Ct of Appeals 2017)

CBD Hemp and CBD in South Carolina

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Cannabidiol (CBD) • Like THC, extracted from cannabis • 2nd most active ingredient in the plant • Commonly available retail forms: • Edibles • Tinctures • Vape • Only approved FDA Indication for CBD is epilepsy • Dravet syndrome and Lennox-Gastaut syndrome • Commonly marketed as sleep supplement and anxiety treatment • Recognized side effects: nausea, fatigue, blood thinning, medication sensitivity • Sold as supplement = not regulated by FDA

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Questions/Comments?

64 14 S.C. Bar’s Pro Bono Program

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LIFE HAPPENS HOW CAN I HELP?

The myths, misconceptions and misrepresentations about pro bono legal assistance

WHAT CONSTITUTES PRO BONO LEGAL SERVICE?

• RULE 6.1, S.C. RULES OF PROFESSIONAL CONDUCT (1) providing professional services at no fee or reduced fee to persons of limited means or to public service or charitable groups or organizations; (2) service in activities for improving the law, the legal system or the legal profession; (3) financial support for organizations that provide legal services to persons of limited means.

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1. Providing professional services at no fee or reduced fee to persons of limited means or to public service or charitable groups or organizations

VOLUNTEER REPRESENTATION

• SC Bar Pro Bono Program • SC Legal Services (offices around the state) • SC Pro Bono Access to Justice Website – www.scprobono.org (13th and 16th Circuits) • SC Appleseed Legal Justice Center • Charleston Pro Bono Legal Services, Inc. • See guide for other opportunities

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DIRECT INTAKE

Many clients simply contact an attorney’s office seeking free representation and the attorney agrees to represent the client in a pro bono capacity or an attorney otherwise learns of a disadvantaged person in the community who needs legal representation but cannot afford it and agrees to help. In these situations, malpractice insurance will be provided by the Pro Bono Program if you provide notice of representation to the Bar and the client meets the income guidelines for policy coverage for the Pro Bono Program (125% of the federal poverty level). There is a form in your materials to submit to the Bar. The form can also be found on the Bar’s website.

FREE LEGAL ANSWERS

In 2016, the ABA launched ABAFreeLegalAnswers.org, a free Q&A-style program that allows income-eligible users to ask civil law-related questions of pro bono attorneys. The site functions as a virtual legal advice clinic to serve low-income individuals and communities. It also provides lawyers with a more convenient, flexible option for performing pro bono work. Qualifying users post their civil legal question to their state's website. Users are emailed when their question receives a response. Attorney volunteers, who must be authorized to provide pro bono assistance in their state, log in to the website, select questions to answer, and provide legal information and advice. Volunteer attorneys remain anonymous unless they choose to identify themselves to the person asking the question. The South Carolina page can be found at https://sc.freelegalanswers.org. Information about registering as a volunteer attorney can be found at https://sc.freelegalanswers.org/Attorneys/Account/Agreement. You can host a “Blitz” at your firm or in your circuit. This is where teams of pro bono lawyers gather and take on the task of responding to questions posted by the public to the online forum. You can also answer questions while sitting on your couch at home!

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ASK-A-LAWYER

• The Ask-A-Lawyer program coordinates volunteer lawyers for televised phone banks and web chats to assist the public with its legal questions. During each event, phone banks are aired on morning and evening news programs to encourage the public to call in with questions. Lawyers also respond to questions online. • The U.S. Bankruptcy Court for the District of South Carolina also partners with the South Carolina Bar in sponsoring an Ask-A-Lawyer program that is focused on bankruptcy matters. On a monthly basis, at a specific time, volunteer lawyers who specialize in bankruptcy practice will answer questions and provide advice to callers to assist them with bankruptcy related matters.

“ QUOTES FROM SOUTH CAROLINA LAWYERS

. . . about pro bono opportunities. ”

• “Many attorneys do unrecognized pro bono work, or help and support families on the verge of homelessness. For some attorneys, it might be hard to do something with the Bar when they are already doing some things independently.” • “I love helping people if I have the freedom to choose the client, but I despise being forced to do pro bono or low bono by appointment.” • “It gives me a good feeling to help those who need it but I want to choose my cases and not have them forced upon me by some rule or requirement.” • “There seems to be this belief that pro bono only includes trial work. I find non-profits to have a tremendous need for help with transactional work.” • “Most opportunities, with the exception of simple wills, seem to involve litigation matters. I would like to see more transaction pro bono opportunities.”

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2. Service in activities for improving the law, the legal system or the legal profession

LEGAL CLINICS

•Clinics on various legal topics are held around the state at libraries, churches, senior centers, and other locations upon request. These involve a 30-45-minute lecture on the requested topic followed by either a question and answer session or five-minute one-on-one session with an attorney. Legal clinics are designed to provide general legal information on the topic presented and not to provide guidance on a person’s specific situation. Spring clinics usually run from February to May, and fall clinics from September to November. The following are examples of clinic topics: wills and powers of attorney; family law issues; end of life issues; ID theft, fraud, and scams; consumer law issues; wills, estates, and probate issues; social security issues; elder law issues; criminal law issues; landlord and tenant issues; tort law issues; alternative dispute resolution; bankruptcy; real estate issues and foreclosure; and tax issues.

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LAW SCHOOL FOR NON-LAWYERS

The Bar periodically offers a seven-week Law School for Non-Lawyers course covering a variety of general legal subjects, which includes a helpful textbook on South Carolina law. These programs are offered at technical schools around the state. The following subjects are covered: Overview of State Courts; Alternative Dispute Resolution; Family Law; Juvenile Justice; Child Protection Hearings; Wills, Estates and Probate Law; Health Care and Elder Law; Bankruptcy Law; Consumer Law and Debt Collection; Real Estate and Landlord/Tenant Law; Employment Law; South Carolina Workers' Compensation Law; Criminal Law; and Torts. The course is typically taught once a week from 6:00 p.m. until 8:00 p.m. You can volunteer to spearhead bringing the program to a technical school near you or to teach one or more portions of the course at a school where the program has already been established.

LAW RELATED EDUCATION

The South Carolina Bar Law Related Education (LRE) is a service arm of the Bar that, since the mid-1980s, has provided teachers, school resource officers, juvenile justice personnel, and lawyers with resources, materials and technical assistance to teach law and citizenship education. LRE serves as a central source for civic education in South Carolina, providing free and low cost trainings for teachers and school resource officers to implement programs such as Community Works; Foundations of Democracy; Elementary, Middle, and High School Mock Trial; LawForKids.org; Law For Teachers; Street Law; We the People: Project Citizen; and We the People: The Citizen and the Constitution. LRE hosts culminating activities that include regional and state competitions for Mock Trial, Project Citizen; and We the People: The Citizen and the Constitution. LRE is always looking for volunteers to help with these events!

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“ QUOTES FROM SOUTH CAROLINA LAWYERS . . . about participating in activities for improving the law, the legal ” system or the legal profession

• Lawyers who specialize in specific areas of the law and do not feel comfortable providing pro bono representation in other areas: “I . . . like participating in Bar mock trial.” “I am a big fan of law related education programs sponsored by the Bar, and am willing to devote significant amounts of time and resources to help grow those programs.” • Government attorney: I appreciate the Bar’s recognition of LRE activities as pro bono because that is the way I am able to give back within the constraints of my job. • “I enjoy participating in the SC Bar’s pro bono Ask-A-Lawyer events at the news station.”

3. Financial support for organizations that provide legal services to persons of limited means

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RESOURCES

THERE IS HELP OUT THERE

FORMS AND INFORMATION

The South Carolina Bar website contains links to forms and other resources relevant to the most common areas in which attorneys provide pro bono representation can be found on the Bar’s website at https://www.scbar.org/lawyers/bar- programs/pro-bono-program/volunteer-resources, as to the following: South Carolina Legal Services (www.sclegal.org) South Carolina Appleseed Legal Justice Center (www.scjustice.org LawHelp.org/SC

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STUDENT ASSISTANCE

USC SCHOOL OF LAW CHARLESTON SCHOOL OF LAW

Carolina Clerks - The University of South Carolina School of Law Pro Students at the Charleston School of Law receive pro bono credit when they Bono Program provides law students to assist attorneys who volunteer to work without pay or academic credit for an attorney on a matter in which provide pro bono representation. The law student can perform all the attorney has agreed to provide pro bono representation to a client. reasonable law clerking duties such as research and drafting. Foreign language assistance may also be available. Student assistance is available on a first come, first serve basis. Law students may only help with the pro bono case; they may not provide research on other cases. Law students will not receive payment or course credit for this work but can expect professional feedback and supervision from the pro bono attorney. The attorney requesting assistance must agree to provide proper and timely supervision of the student including clarification of any issues or problems. Students must agree to complete the tasks requested in a timely manner and to the best of their ability. If an issue arises that is beyond the skill level of the student, they are to discuss the matter immediately with the pro bono attorney. The assistance provided by the student must be only for the pro bono matter in question.

“ QUOTES FROM SOUTH CAROLINA LAWYERS

• If litigation costs and fees were somehow available to help private practitioners with low income clients, there would be more incentive to helping the truly indigent. • I used to do extensive domestic violence work in another state, but do not carry liability insurance anymore. ” • Some people don’t qualify for pro bono coverage under the Bar’s definition; however, I wish the Bar would cover my malpractice by allowing me to provide free legal services.

The Pro Bono Program can provide some assistance with paying filing fees and service of process fees in pro bono cases. Please email Rose Dean at [email protected] or Betsy Goodale at [email protected] regarding reimbursement for fees. The Program also provides malpractice coverage for attorneys who participate in activities sponsored by the Program OR take pro bono cases assisting eligible individuals. Clients are considered eligible if they the income guidelines for policy coverage (at or below 200% of the Federal Poverty Guidelines) for the Program. You must notify the Bar about the case to receive coverage. This coverage is effective only when the Pro Bono Program receives notice of the pro bono representation. The forms used to provide notification of pro bono representation can be found on the Bar’s website.

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REPORTING

WHY IT IS IMPORTANT

The Big Picture

• The South Carolina Bar REQUESTS that you report your pro bono legal service, but IT IS NOT MANDATORY. There is a form on the Bar’s webpage for you to complete and submit. • When seeking funding, public service organizations are often asked what local attorneys are doing to help. Many grant applications require data on pro bono participation. By reporting, you are supporting your local pro bono and legal services programs. • Data on pro bono legal representation is also important when pursuing certain legislation, such as for funding or other resources, and in developing initiatives to serve the state’s population. Information on the amount and types of pro bono legal services provided allows the South Carolina Bar’s Pro Bono Program to improve how attorneys find available pro bono opportunities, identify current unmet legal needs, and highlight best practices in pro bono work. This, in turn, leads to improvement in the quality and quantity of legal services provided to the underserved members of our communities. • Reporting increases public awareness of the good work lawyers do and improves the legal profession's reputation in the community. It also allows the Bar to publicize to other attorneys in the state the pro bono services being provided by their colleagues. It is the Bar’s hope that this will raise awareness of and spark an interest in performing pro bono work. Reporting also enables the South Carolina Bar and other entities to recognize attorneys for outstanding and sustained pro bono legal service because you deserve it!

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“ QUOTES FROM SOUTH CAROLINA LAWERS • I prefer to do my pro bono work without notice. • Public and professional recognition is the best and least expensive way for the Bar to ” reinforce and recruit pro bono activity.

• Many of us, especially in rural communities, do quite a bit of pro bono work which is not assigned to us. It is simply part of being in a small community. • I think there is way more pro bono going on than people know because it is not really kept track of. • Each year when our disadvantaged clientele come and we simply cannot bring ourselves to charge them, or we significantly discount our fee we get no credit for this with the Bar . . . • Seems to be a scam for big firms to get recognition for doing nothing – while small practitioners who actually do work go unnoticed. • In my regular practice I always take into account the ability of someone to handle legal fees; when warranted I always significantly reduce or eliminate fees for indigent clients. I bet others with the belief that lawyers should give back also do this and I am not sure it is ever measured or accounted for – it just happens. • Bar does not really recognize PB contributions by its members, but only those that fall under the programs that the Bar operates. • Recognition of pro (or low) bono work undertaken individually. There are some cases we take on “because it is the right thing to do” but is seems unless the client comes through “legal aid” individual pro bono work doesn’t count.

“I THINK WE SHOULD HOLD A BIG JUDICIAL RECEPTION EVERY YEAR (AND PERHAPS THE BAR CARES EVENTUALLY MULTIPLE SUCH RECEPTIONS) TO WHICH ONLY THE LAWYERS WHO REPORTED A MINIMUM AMOUT OF (PERHAPS 40 HOURS) OF PRO BONO SERVICE DURING THE YEAR ARE The Bar recognizes that this work is being done and is not asking that you perform INVITED. THIS WOULD PROVIDE ACCESS (TO additional pro bono work. Instead, the Bar wants you to report information on the pro JUDGES) AND RECOGNITION . . .” bono work you are performing – whether on a walk-in basis or through any organization - for all of the reasons just discussed. You need to be FORMALLY RECOGNIZED. The Bar WANTS to recognize you. However, the Bar cannot WE COULD NOT AGREE MORE! recognize you if you don’t let us know what you are up to! The Bar WANTS to hear about your experiences and collect information on the types of pro bono work being performed.

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WHERE DO I SIGN UP?

• “As a young attorney, I have none yet, • https://www.scbar.org/lawyers/bar- but I am excited to become involved in programs/pro-bono-program/pro- the program.” bono-opportunities/ (interest form) • “I would probably take more pro bono • Call or email me! (803) 576-3808; cases if approached more. I don’t [email protected] reach out for these cases, but am happy to help when asked.” • Contact one of the service providers in your pro bono guide. • https://www.scbar.org/public/student s-educators/attorney-volunteers-sign- up/ (law related education)

77 12 Immunity under State Law

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IMMUNITY STATUTES

South Carolina Code, Section 15‐1‐310 Good Samaritan Statute Liability for emergency care rendered at scene of accident.

• Trigger: an accident

• Scope: limited to good faith gratuitous emergency care rendered at the scene of an accident or emergency • Immunity: not liable for civil damages for any personal injury as a result of any act or omission except when there is gross negligence or wilful or wanton misconduct

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South Carolina Code, Section 25‐9‐580 Immunity

• Trigger: appointment of special law enforcement officer

• Scope: none

• Immunity: South Carolina, its political subdivisions, agencies, and employees are not liable for the appointment of a special law enforcement officer or for any act or omission on the part of a special law enforcement officer

South Carolina Code, Section 40‐22‐295 Engineer Immunity • Trigger: disaster declaration and request by the Governor

• Scope: limited to services rendered during the 30 days following the disaster

• Immunity: no liability for civil damages unless proven to be the result of gross negligence or recklessness

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South Carolina Code, Section 40‐3‐325 Architect Immunity

• Trigger: emergency and at request of Governor

• Scope: limited to volunteer services rendered during the 30 days following the emergency

• Immunity: immune from liability in the same manner as a volunteer licensed engineer (no liability for civil damages unless gross negligence or recklessness proven)

• Caveat: does not provide immunity from liability for persons merely registered in this State (Section 40‐3‐260)

South Carolina Code, Section 44‐4‐570 Emergency powers regarding licensing of health personnel … immunity

• Trigger: DHEC appoints health care providers as part of a public health emergency

• Scope: limited to volunteer services rendered during the time of public health emergency (unless paid as an employee of the State of South Carolina)

• Immunity: in‐state and out‐of‐state health care providers serving an emergency support function are not be held liable for civil damages as a result of medical care or treatment unless the damages result from reckless disregard

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South Carolina Code, Section 44‐30‐310 Free health care services; immunity from liability

• Trigger: if a health care provider informs his or her patient in writing before treatment that the treatment is free

• Scope: none

• Immunity: no liability for any civil damages except acts or omission amounting to gross negligence or wilful or wanton misconduct

• Includes: the following special volunteer licenses, dentist (Section 40‐15‐177), practitioner (Section 40‐47‐34), and chiropractor (Section 40‐9‐85)

South Carolina Code, Section 62‐5‐510 Immunity from liability Health Care POA • Trigger: health care power of attorney

• Scope: a person who relies in good faith upon another person's representation that he is named as agent in a health care power of attorney; health care/nursing care provider who in good faith relies on the agent’s health care decision; agent who in good faith makes a decision

• Immunity: the following are not subject to civil or criminal liability or disciplinary action, person who relies on agent's authority; a health care/nursing care provider who relies on agent’s decision; an agent who makes a decision

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South Carolina Code, Section 44‐130‐60 First responder may administer opioid antidote; immunity • Trigger: an emergency

• Scope: if the first responder believes in good faith that the person is experiencing an opioid overdose

• Immunity: not subject to civil or criminal liability or to professional disciplinary action

South Carolina Code, Section 25‐1‐3110 Immunity for action of military courts or boards

• Trigger: action of military court or boards

• Scope: military forces

• Immunity: no action or proceeding may be maintained against any member of the military forces acting under the authority or apparent authority of this code (this section not construed to bar any action or proceeding by any person who is not subject to the Code of Military Justice under the provisions of Section 25‐1‐ 2430)

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South Carolina Code, Section 25‐9‐420 Emergency Management Assistance Compact

• Trigger: request for assistance under the Emergency Management Assistance Compact

• Scope: a person licensed, certified, or permitted for professional, mechanical, or other skills by an assisting state is deemed licensed, certified, or permitted by the requesting state subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise

• Immunity: officers or employees of an assisting state are considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees are liable on account of any act or omission in good faith

South Carolina Code, Section 8‐25‐40 Mileage, meal allowance and liability insurance; protection of sovereign immunity Liability insurance may be provided … to the same extent as may be provided by the department to its employees. Volunteers in state service shall enjoy the protection of sovereign immunity of the State to the same extent as employees.

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South Carolina Code, Title 8, Chapter 25

The General Assembly’s legislation requires state departments to use “every effort” in the development of new programs to make maximum use of volunteers. This strong encouragement to develop meaningful volunteer programs does not limit the types of programs for the use of volunteers to noncore functions.

Federal Law ‐ Stafford Act of 1988 42 U.S.C. Sec. 5121 et seq.

• The Robert T. Stafford Relief and Emergency Assistance Act created the foundation for coordinated national response to disasters.

•The Act only protects the federal government from liability for its actions or omissions, and those of its employees, not volunteers.

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Federal Law ‐ Volunteer Protection Act of 1997 42 U.S.C. 14501 et seq.

• The VPA defines a volunteer as a “an individual who performs a service for a nonprofit organization or government entity and does not receive compensation.” • The legislation protects volunteers of nonprofit organizations and government agencies from liabilities due to ordinary negligence.

Federal Law – The Public Health Service Act 42 U.S.C. §233(g)

• The Public Health Service Act extends the liability protections of the Federal Tort Claims Act to certain volunteer health professionals.

• However, the process is cumbersome and the services geographically limited.

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Other Endeavors Recognition of EMS Personnel Licensure Interstate CompACT (REPLICA)

• REPLICA allows EMS personnel licensed in a state that had adopted REPLICA to operate as EMS personnel in other REPLICA‐member states.

• 14 states have adopted.

Other Endeavors Uniform Emergency Volunteer Health Practitioners Act (UVEHPA)

• The UEVHPA resolves the lack of uniformity in state licensure laws for health care professionals that affected response and recovery during Hurricane Katrina.

• 17 states, the District of Columbia, and the Virgin Islands have adopted the Act.

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Other Endeavors Nurse Licensure Compact (NLC)

• The NLC allows nurses to obtain multistate licenses to include the states that have adopted the NLC.

• As of January 19, 2018, 29 states have implemented the NLC.

FLORIDA’s Volunteer Program

• Health care practitioners contracting with the Florida Department of Health become “agents of the state” during their volunteer hours.

• This offers the umbrella of sovereign immunity to the volunteers, allowing the state to step in to defend a malpractice claim.

88 10 Probate Law

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Estate Planning and Probate

CPT. Andrew Holliday Judge Advocate, SCSG

Testator- The creator of a Will.

Will - A legal document in which a Testator states their desires as to who is in charge of their estate and to whom the property in their estate is distributed.

Personal Representative (Executor)- The person in charge of the estate. They carry out the Testator’s desires and distribute the estate’s assets.

Beneficiary- The recipient of a bequest from a will or a distribution from a trust, retirement plan, or life insurance policy.

Probate- The process of transferring the estate’s assets based on the Testator’s intent as expressed in the Will.

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Trust- A legal entity created by a written agreement by a Settlor (the creator of the Trust) to hold and invest property for the benefit of the Settlor and/or other beneficiaries.

Revocable Living Trust- A trust you create during your life which will be managed by a trustee. It is called “revocable” because you can amend or terminate the trust at any time during your life.

Testamentary Trust- A trust created by a will that takes effect upon the death of the person who made the will.

Trustee- An individual or organization carrying out the wishes of the Settlor, paying income to the beneficiaries, and preserving the principal for ultimate distribution.

Power of Attorney- Allows another person to make decisions on your behalf.

Durable Power of Attorney- A power of attorney that remains in effect if the person who made the document becomes incapacitated. Otherwise, if not specifically made durable, the power of attorney automatically expires if the person who made the document becomes incapacitated.

Health Care Power of Attorney/Living Will- Also called a health care directive, this is a legal document that states a person’s wishes about medical care in the event that person unable to speak for him or herself.

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Estate Planning Basics Four Main Questions

1. What do you own?

What are your client's assets and their value. Are Estate Taxes a factor? Probably not...

2. Who is in charge?

Clients should select a trusted person to serve as the Personal Representative. Usually this is a child, family member, or friend.

Estate Planning Basics Four Main Questions

3. What are your priorities?

Estate planning extends your influence to your loved ones, your community, and the causes you care about even after you’re gone. Clients should consider their priorities and goals.

Ask questions like these:

Do you want your children to receive exactly an equal share of my estate? What charities or causes do you want to support in the future? Do you want to use your estate plan for charitable priorities? What values do you want to pass on to the next generation?

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Estate Planning Basics Four Main Questions

4. Who gets what?

Identify their beneficiaries (spouse, children, step‐children, other family members, friends, charities)

Make a list of the individuals and organizations that they want to provide for in your estate plan.

Memo for personal property.

What is Probate?

The process during which assets are transferred to Beneficiaries.

Multiple types of Probate:

Small Estate: <$25K, No real estate

Informal: Most common, Any value

Formal: Only when questions arise as to the validity of wills and other contested matters.

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What are Probate Assets?

Probate Assets: Anything property that does not automatically transfer upon death. (e.g. checking accounts, cars, real estate)

Non‐Probate Assets: Property which passes based on a legal mechanism or beneficiary designation. (e.g. life insurance, 457(b), 403(b), 401(k), or IRA)

Exceptions: Estate can be named the beneficiary for Life Insurance and Retirement plans. Conversely, bank accounts can be POD/TOD, cars can be titled "or", real estate can be JTROS/life estate.

Opening Probate

Wills aren't "filed" in South Carolina until a person passes away.

Probate should be opened within 30 days.

The Probate Court requires the ORIGINAL Will, an original Death Certificate, and an application to open the probate.

Inventory of Probate Assets to be filed within 90 days of Personal Representative being appointed.

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Creditors Claims against the Estate

Creditors can file claims against the Estate (Frequently, medical and funeral bills, credit card bills, and mortgages) within 12 months from death or 8 months after publication of creditors notice.

Unless another person personally guarantees a debt, only the Estate is liable.

Claims can be settled, contested, or denied.

If claims are denied and the Creditor doesn't file an action to allow the claim, then the debt can be discharged if it is unsecured.

Closing the Estate

After the Creditor's Claim period has ended the Estate can distribute assets.

The Personal Representative will need to document all funds received and disbursed.

The Estate will distribute all probate assets by transferring titles or money to the Beneficiaries.

Several forms are required by the Probate Court to close the Estate unless waived (Application for Settlement and Proposal for Distribution.)

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Why have a Trust?

Trusts are useful tools to avoid probate, maintain control "from the grave", and structure an estate that is subject to estate taxes.

Avoiding Probate ‐ (Costs, Delays, and Privacy)

Maintaining Control ‐ Trusts allow you to set distribution ages or conditions on distributions. Helpful if a client desires to leave assets to minors.

Estate Taxes ‐ South Carolina doesn't have an Estate Tax. The Federal Estate Tax only applies to Estates over $11.58 Million ($23.16 Million for couples) for 2020 and it is indexed for inflation.

FAQs

Does the State get my property without a Will? ‐Escheatment is frequently misunderstood.

Can my spouse handle my property without a Power of Attorney? ‐Clients think spouses automatically have POA authority.

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FAQs

How do I name someone to make sure my kids are taken care of? ‐Testamentary Guardians

How often do I need to update my Will or Beneficiary Designations?

Questions?

97 8 Workers Compensation

98 Law of Armed Conflict

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The Law of Armed Conflict The Rules That Govern The Conduct Of Soldiers In Military Operations

LAW OF ARMED CONFLICT

Current as of 29 March 2019 1

Training Objectives

• Understand the need for the Law of Armed Conflict (LOAC).

• Understand the legal sources for the LOAC.

• Identify the LOAC Basic Principles.

Military Necessity.

Unnecessary Suffering or Humanity.

Discrimination or Distinction.

Proportionality.

• Apply the Ten LOAC Standards – The Soldier’s Rules.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 2

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What Is The LOAC?

LOAC Legal Sources:

• Hague Regulations.

• Geneva Conventions.

• Other International Treaties.

• Customary International Law.

These sources reflect U.S. and international values.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 3

Why Do We Need The LOAC?

• To assist Commanders and Soldiers in mission accomplishment.

• To regulate the use of force and prohibit unlawful conduct.

• To protect against unnecessary suffering and excessive collateral damage.

• To promote the humane treatment of noncombatants, wounded and sick, and civilians.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 4

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Why Do You Need To Follow The LOAC? Adherence promotes: • A disciplined, more effective fighting force. • Support for U.S. operations both at home and abroad. • An earlier end to hostilities. • All sides respecting the rules of warfare. It’s the right thing to do: • Moral Courage and Self Discipline are the hallmarks of a professional warrior. It’s the law: • Violations can create an international incident. • War crimes are serious charges with real victims. • War crimes embarrass the United States & limit policy options.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 5

LOAC – The Basic Principles

• Military Necessity

• Humanity

• Distinction

• Proportionality

LAW OF ARMED CONFLICT

Current as of 29 March 2019 6

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Military Necessity

Military Necessity may be defined as the principle that justifies the use of all measures needed to defeat the enemy as quickly and efficiently as possible that are not prohibited by the law of war.

Military Necessity justifies actions, such as destroying and seizing persons and property.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 7

Military Necessity

• Military Force must be directed at LEGITIMATE MILITARY OBJECTIVES.

• Military necessity is NOT a defense for acts expressly prohibited by international law.

• Use your best judgment, based on information reasonably available under the circumstances

LAW OF ARMED CONFLICT

Current as of 29 March 2019 8

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Humanity or Unnecessary Suffering

The Rule:

• It is forbidden for Soldiers to use arms, projectiles, or material CALCULATED to cause UNNECESSARY SUFFERING.

The rule prohibits weapons which cause unnecessary suffering, and also the use of lawful weapons in a manner designed to cause unnecessary suffering.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 9

Distinction or Discrimination THE RULE: Soldiers must distinguish: • Combatants from non-combatants and civilians. • Military objectives from protected property or protected places.

Related Rules: When conducting military operations, Soldiers must ensure that: • They separate themselves from civilians and civilian objects. • Effects distinguish between the civilian population/objects and combatants/military objectives. • Force is directed solely against combatants and military objectives. LAW OF ARMED CONFLICT

Current as of 29 March 2019 10

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Proportionality

• THE RULE: Anticipated civilian death, injury, and property damage (collateral damage) from an attack must not be excessive in relation to the concrete and direct military advantage gained.

• PRECAUTIONS IN ATTACK:

– Take feasible precautions to minimize anticipated civilian death, injury, and property damage

– Unless circumstances do not permit, effective advance warning must be given of an attack that may affect the civilian population LAW OF ARMED CONFLICT

Current as of 29 March 2019 11

Honor

• THE RULE:

– Fairness in offense and defense

– Mutual respect between opposing forces.

• Honor forbids resort to means, expedients or conduct that would constitute a breach of trust with the enemy.

• Honor requires Soldiers to comply with the law of war in good faith

LAW OF ARMED CONFLICT

Current as of 29 March 2019 12

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Ten LOAC Standards The Soldier’s Rules

1. Soldiers fight only combatants. 2. Soldiers do not harm enemies who surrender. They disarm them and turn them over to their superior. 7. Soldiers treat civilians 3. Soldiers do not kill or torture humanely. personnel in their custody. 8. Soldiers do not steal. 4. Soldiers collect and care for the Soldiers respect private wounded, whether friend or foe. property and possessions. 5. Soldiers do not attack protected 9. Soldiers should do their best persons and protected places. to prevent violations of LOAC. 6. Soldiers destroy no more than 10. Soldiers report all violations the mission requires. of LOAC to their superiors. LAW OF ARMED CONFLICT

Current as of 29 March 2019 13

#1: Fight Only Combatants

LAW OF ARMED CONFLICT

Current as of 29 March 2019 14

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#1: Fight Only Combatants

“Combatant”: Persons subject to attack because they are members of a nation’s armed forces or are members of an armed group that is a party to the conflict. Civilians are protected from attack unless they directly participate in hostilities.

Persons subject to attack may include: - Members of the armed forces of a State - Members of militia and volunteer corps - Members of non-State armed groups US Practice under Rules of Engagement (ROE): - Status based: Persons “declared” hostile. - Conduct based: Persons committing a Hostile Act or Showing Hostile Intent. LAW OF ARMED CONFLICT

Current as of 29 March 2019 15

#2: Do Not Harm Enemies Who Surrender. Disarm Them and Turn Them Over To Your Superior.

• Follow the 5 S’s and T.

• Treat Detainees Humanely

• Respect and Protect Them

LAW OF ARMED CONFLICT

Current as of 29 March 2019 16

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Five S’s and T for Detainees • Search: Disarm • Silence • Segregate - By military rank - Civilians from Military - Military from Militia • Safeguard: Protect from further harm • Speed to rear: Turn over to proper holding facility for processing • Tag: Document capture details LAW OF ARMED CONFLICT

Current as of 29 March 2019 17

#3: Do Not Kill Or Torture Personnel in your Custody • Killing or Torturing detained personnel is a crime under both international and domestic law.

• Humane treatment is the minimum standard for ALL detained personnel regardless of status.

• You may conduct tactical questioning near the time and place of capture.

• ONLY trained interrogators conduct interrogations or extended questioning.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 18

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Treat Detainees Humanely

Provide Humane Treatment: • Medical Treatment • Food • Water • Shelter • Basic Hygiene Care • Clothing

LAW OF ARMED CONFLICT

Current as of 29 March 2019 19

Respect and Protect Detainees

Respect and Protect Detainees: • Protect from retaliation or retribution. • Protect from public humiliation or curiosity. • Respect for person, honor, cultural beliefs.

Civilian employees and contractors must follow the same rules: • The requirement to treat detainees humanely applies to all U.S. military, civilian employees, and contractors (whether DoD or not). • U.S. does not transfer detainees to foreign control if the detainees are likely to be tortured or killed.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 20

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Respect Detained Females

Females will be treated with respect:

• Protected from sexual assault.

• Females are entitled to respect for their persons and their honor.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 21

#4, Collect And Care For The Wounded, Whether Friend or Foe

The LOAC requires the same level of care for friend and foe:

• Once they are out of the fight, take care of them.

• Triage the most seriously wounded -- whether friendly or enemy.

• Safeguard from further attack.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 22

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Mercy Killings are Illegal

'Mercy Killer' GI Gets Three Years

BAGHDAD, Dec. 11, 2004 (CBS/AP)

- A U.S. soldier was sentenced to three years in prison after pleading guilty to killing a severely wounded Iraqi teenager - The soldier also received a reduction in rank to private, forfeiture of wages and a dishonorable discharge.

- He pleaded guilty to one count of unpremeditated murder and one count of soliciting another soldier to commit unpremeditated murder.

- The charges relate to the Aug. 18 killing of a 16-year-old Iraqi male found in a burning truck with severe abdominal wounds sustained during clashes in Baghdad's Sadr City, an impoverished neighborhood that was the scene of fierce fighting between U.S. forces and Shiite rebels loyal to anti-U.S. cleric Muqtada al-Sadr. LAW OF ARMED CONFLICT

Current as of 29 March 2019 23

Respect the Dead

• The Obligation to collect & protect the wounded extends to the dead. • Mutilation or desecration of dead bodies is a violation of the LOAC.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 24

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#5: Do Not Attack Protected Persons And Protected Places

Protected Persons. • Intentional targeting generally prohibited.

Protected Places. • Civilian objects protected from intentional attack. • Military purpose/military necessity analysis. • Incomplete intelligence & civilian casualties.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 25

Do Not Attack Medical Personnel, Facilities, Or Equipment

Do not attack people, vehicles, or places marked with these symbols. Hospitals don’t lose protected status if fortified strictly for defense: • OK for hospital to have armed sentries, Doctors to have sidearms. • Not OK to co-locate hospital with SAM site, or to hide large weapons supplies there. • Hospitals, medics, or medical vehicles CAN lose their protected status if they are used improperly. LAW OF ARMED CONFLICT

Current as of 29 March 2019 26

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#6: Destroy No More Than The Mission Requires Only target legitimate military objectives. • Avoid excessive or wanton destruction of property. Minimize collateral damage. • Protect civilian property. • Protect historic and cultural sites. • Remember: During OIF, our focus was the Iraqi regime, not the people. The more you destroy in battle, the more we’ll have to help rebuild in peace.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 27

#7: Treat Civilians Humanely

ALL Civilians must be respected. • Never intentionally target civilians BUT civilians must not take a direct part in hostilities.

• You don’t have to stop your mission to care for them BUT: DO help civilians if safe to do so & it doesn’t interfere with your mission.

• Check ROE on collective self-defense Know what you can and cannot do to defend foreign civilians from hostile acts LAW OF ARMED CONFLICT

Current as of 29 March 2019 28

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Treat Civilians Humanely

• No adverse distinction based on race, religion, sex, etc. • No violence to life or person. • No hostage taking. • No degrading treatment. • Must care for the wounded and sick.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 29

#8: Do Not Steal!

Soldier who helped commandeer sheik's SUV convicted of armed robbery in court-martial By Kimberly Hefling ASSOCIATED PRESS 2:11 p.m. July 29, 2004

FORT CAMPBELL, Ky. – A military jury found a soldier guilty of armed robbery Thursday for taking an Iraqi sheik's sport utility vehicle at gunpoint. • He faces up to 15 years in prison. • The soldier maintains he helped take the SUV only because his lieutenant ordered him to procure a vehicle and because he did not think it was a criminal act. • "In his mind there was nothing wrong with doing it," Bernard Casey, Williams' civilian defense attorney, said in closing arguments Thursday. • Army prosecutor Capt. Howard Hoege said Thursday that Williams helped take the SUV at gunpoint from the sheik's son, who was driving the vehicle. • Williams then helped orchestrate a cover-up story that the vehicle was found abandoned, Hoege said. LAW OF ARMED CONFLICT

Current as of 29 March 2019 30

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#8: Respect Private Property And Possessions Civilian Property: • Do not retain unless it is contraband. • The taking of personal property for immediate military necessity or emergency is permissible. Issue a receipt for property taken, when possible.

War trophies: • Do not retain without express authorization from your Commander.

LAW OF ARMED CONFLICT

Current as of 29 March 2019 31

#9: Prevent LOAC Violations

General Dwight D. Eisenhower (center), Supreme “I was only following orders” and “ambiguous Allied Commander, views the corpses of inmates orders” are not defenses to war crimes: My Lai who perished at the Ohrdruf camp. Ohrdruf, Village, Vietnam, March 1968. Civilian women, Germany, April 12, 1945. (National Archives) children and infants “suspected” of aiding the Vietcong enemy were killed by U.S. forces.

“All that is necessary for the triumph of Evil is for good men to do nothing.” LAW OF ARMED CONFLICT

Current as of 29 March 2019 32

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#10: Report All LOAC Violations

• Report ALL suspected LOAC violations (enemy or friendly) to your chain of command. • You may also report through other channels, including the military police, a judge advocate, an inspector general, or a chaplain. • It is your duty to know the LOAC and follow the rules. • If you are ordered to commit a criminal act or LOAC violation, you are under an obligation to refuse the order. • “I was just following orders” is NOT a defense to war crimes. LAW OF ARMED CONFLICT

Current as of 29 March 2019 33

Summary

• Understand & Obey the LOAC.

It’s your duty & it’s the law!

• Act based on Military Necessity.

• Avoid Causing Unnecessary Suffering.

• Only attack military objectives, not civilians or civilian objects.

• Minimize Collateral Damage.

• Follow The Ten Soldier’s Rules.

• Return with Honor!

LAW OF ARMED CONFLICT

Current as of 29 March 2019 34

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Questions?

LAW OF ARMED CONFLICT

Current as of 29 March 2019 35

117 18 SC Attorney General’s Office

118 ALAN WILSON ATTORNEY GENERAL

(5 Attorneys, 7 Support Staff, 1 Intern)

Executive Asst. Intern

Deputy Communications Director Communications DAG DAG DAG & Special Chief Deputy AG Director Crime Victim Counsel Director Services Division Program Coor. (page 2) CSC Executive Asst

Criminal Division Victim Advocacy Division Administration Division (58 Attorneys, 64 Support Staff, 3 Support Clerks, 6 Law Clerks, 7 Interns, 1 Extern) Legal Services Division 6 Support Staff, 1 Support Clerk, (31 Support Staff,1 Intern) Solicitor General Division 1 Attorney & 1 Support Staff (17 Attorneys, 14 Support Staff, 1 Intern) (6 Attorneys, 1 Support Staff) 1 Law Clerk, 2 Interns) 1 Support Staff 2 Support Staff General/White Collar/ICAC Medicaid/DV/VAWA/Law Enf. Issues SGJ Division Post Adjunction (10 Attorneys, 24 Support Staff, (14 Attorneys, 16 Support Staff, (5 Attorneys, 4 Support Victim Advocacy 2 Attorneys (28 Attorneys, 15 Support Staff, 2 Support 3 Law Clerks, 2 Interns) 2 Interns) 1 Intern 1 Attorney Consumer Protection & Staff, 1 Support Clerk, 6 Support Staff 1 Support Staff Clerks, 3 Law Clerks, 1 Extern, 2 Interns) Antitrust Invest. Support 1 Intern) 1 Support Clerk 1 Attorney Receptionist Services 1 Attorney 2 Support Staff 1 Intern Civil Litigation 2 Support Staff 3 Attorneys Opinions 5 Attorneys 2 Support Staff 4 Attorneys Capital Collateral Criminal Appeals Human Resources Consumer Protection 4 Support Staff 1 Intern Litigation 8 Attorneys General 3 Support Staff 3 Attorneys VAWA/ 1 Support Clerk 7 Attorneys 4 Support Staff Special Victims Prosecution 1 Support Staff Human Trafficking 1 Intern 2 Support Staff 1 Intern Pros. 4 Attorneys Finance 5 Support Staff Tobacco 1 Law Clerk 2 Attorney 2 Support Staff 6 Support Staff 2 Interns 2 Attorneys 2 Support Staff 1 Intern Antitrust 1 Support Staff 1 Law Clerk Grants Management 4 Attorneys 4 Support Staff 1 Support Staff Securities Procurement & PCR* Medicaid Recipient Law Enforcement Issues Clerk’s Office Sexual Violent Securities/ White Collar Support Services 10 Attorneys Fraud 1 Attorney 3 Support Staff Pred.* 1 Attorney 4 Support Staff 2 Law Clerks 2 Attorneys 1 Attorney 3 Attorneys 1 Support Staff 6 Support Staff

8 Support Staff 1 Extern Registration 2 Support Clerks Insurance 5 Support Staff Medicaid Provider 1 Intern Fraud 2 Attorney 1 Attorney 2 Support Staff Information Technology 2 Support Staff Regulation & Enforcement 1 Attorney 2 Attorneys 3 Support Staff 2 Support Staff 4 Support Staff 2 Law Clerks ICAC 1 Law Clerk 4 Support Staff TOTAL STAFF: 1 Intern 6 Attorneys MPF Investigations 1 Support Staff 86 Attorneys 2 Attorneys Help Desk 7 Support Staff 1 Intern 169 Support Staff 3 Support Staff 144 Support Staff 1 Support Staff 25 Investigators 5 Support Clerks 7 Law Clerks ICAC Investigations ICAC Digital Forensics 14 Interns 5 Support Staff 6 Support Staff 1 Externs

282 Total Staff

* Sections handle civil actions but managed by supervisors with criminal and civil responsibilities 06/04/2020 119 ALAN WILSON ATTORNEY GENERAL

Crime Victim Services Division (43 Support Staff, 1 Support Clerk, 2 Interns)

Crime Victim Compensation Crime Victim Ombudsman Crime Victim Services. Training. Provider Crime Victim Assistance Grants (31 Support Staff, 1 Si pport Clerk, 2 Interns) (3 Supp irt Staff) (6 Supf ort Staff) Certification, and Statistical Analysis (3 Support Staff) 1 Supp >rt Staff I Su pport Staff 2 Sup[ ort Staff

1 Support Staff 3 Support Staff 2 Support Staff 2 Interns Program Management 4 Support Staff

HIV nPep Outreach & Audit 1 Support Staff 1 Support Staff I

—Outreach Service? Eligibility Services 1 Support Staff 5 Support Staff

Auditing 3 Support Staff

Victim Support 4 Support Staff

Processing Services 10 Support Staff 1 Support Clerk

Quality Assurance 1 Support Staff

Restitution ft Appeals 3 Support Staff

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Soldier Readiness Processing (SRP)

CW4 Charles “Alan” West, Jr. Legal Administrator South Carolina Army National Guard Office of the Staff Judge Advocate 803-299-4223/4319

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 1

Soldier Readiness Processing (SRP) The intent of this program is to prepare Soldiers for Rapid Mobilization and Deployment Pre-Deployment Legal Issues SCRA USERRA Lautenberg

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 2

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Pre-Deployment Legal Issues Estate Planning

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 3

Estate Planning Main Components

• Wills • Powers of Attorney • SGLI Designation • Family Care Plans • Beneficiary Designations On IRA, TSP, and other Investments

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 4

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Estate Planning • Advantages To Having A Will  Intestacy (No Will) May Not Meet Your Intent  Can Direct Disposition Of Property  Can Name Executor, Guardians, and Trustees  Administrative Costs May Be Less

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 5

Estate Planning Intestacy • South Carolina Law of Intestate Succession, Title 62 - South Carolina Probate Code

If you die without a will here’s what happens!  SECTION 62-2-102. Share of the spouse:  (1) if there is no surviving issue of the decedent, the entire intestate estate;  (2) if there are surviving issue, one-half of the intestate estate

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 6

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Estate Planning Intestacy

• SECTION 62-2-103. If there is no surviving spouse: • (1) to the issue of the decedent; • (2) if there is no surviving issue, to his parent or parents equally; • (3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 7

Estate Planning Wills • Care of an Executed Will • (Execution = Signed, Witnessed, and Notarized)  Do not remove staples  Do not write on or makes any changes to an executed will  Damage may indicate attempt to destroy/revoke  Copies generally not admissible  Do not hide will or take it with you on deployment  Issues with safety deposit box

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 8

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Estate Planning • Powers Of Attorney - Types of Power granted  General  Special - When granted  Durable  Springing • Terminating a Power of Attorney (Expiration/Revocation/Destroy original/Death of Grantor)

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 9

Estate Planning Other Legal Instruments

• Advance Directives  Living Will - Expresses your wish NOT to be kept alive under particular circumstances  Healthcare Power Of Attorney - Allows someone else to make specified healthcare decisions for you IF you are not able to do so

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 10

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Estate Planning SGLI Designation Form

You may designate a Trustee to manage the SGLI proceeds for a minor. Before doing so, you must have executed a will that contains a testamentary trust.

Sample Testamentary Trust Designation (on SGLI form): “[Name of Adult] as Trustee to fund a trust established for the benefit of my children under my will.”

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 11

Family Care Plans

• DA Form 5305 (Required for Single parents) • Do not take the place of court ordered guardianships  Powers of Attorney for guardians do not supersede court ordered guardianships  Powers of Attorney not effective to transfer custody of minor children

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 12

127 6 6/29/2020

50 U.S.C. § 3938: Child Custody Protections

– Amended SCRA includes the following provisions: • Deployment-triggered temporary custody expires upon redeployment • Permanent custody modification request: deployment/potential deployment cannot be considered as sole factor in determining Best Interests of the Child • State’s higher protections shall supersede SCRA when applicable

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 13

Estate Planning Other Legal Instruments

Beneficiary Designations on IRA, TSP, and Other Investments Bank Accounts/Real Estate: JTROS

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 14

128 7 6/29/2020

Estate Planning Updating Your Documents • Review your estate plan periodically • Determine if changes are needed • Create new documents • Do not wait until the last minute to think about an estate plan

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 15

The Servicemembers Civil Relief Act (SCRA)

50 U.S.C. §§ 3901-4043 Previously found at 50 U.S.C. App. §§ 501-597b until 2015

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 16

129 8 6/29/2020

SCRA Background Information

• 1918: Soldier’s & Sailor’s Civil Relief Act (SSCRA) Enacted (but expired after WWI)

• 1940-2003: Amended SSCRA (made permanent in 1940)

• 2003: Servicemembers Civil Relief Act (SCRA)

• 2004, 2008, 2009, 2010, and 2012: SCRA Amendments

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 17

SCRA Background Information

• In general, the SCRA provides various legal and financial protections to qualified Servicemembers during their military service

• Purpose: The SCRA enables Servicemembers to devote their entire energies to the Nation’s defense

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 18

130 9 6/29/2020

South Carolina Servicemembers Civil Relief Act (SC SCRA)

• In 2019 SC enacted the SC SCRA §25-1-4010 et seq South Carolina Code • The SC SCRA is intended to expand and supplement the rights, benefits, and protections of the federal Servicemembers Civil Relief Act • A violation of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq., constitutes a violation of this article

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 19

South Carolina Servicemembers Civil Relief Act (SC SCRA) Where do I find additional information? • https://www.scguard.ng.mil/ • “Programs and Benefits” • “Veteran Advisor/Transition Assistance” • “Servicemembers Civil Relief Act” • “Resources” links at bottom of webpage • Justice Department – SCRA • SCNG Flyer PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 20

131 10 6/29/2020

Basic SCRA Protections

• Stay of Proceedings • Default Judgments • Suspension of Statutes of Limitations •6% interest cap • Lease terminations • Cell Phone contract termination • Eviction Protection, Mortgage Foreclosure Protection, Installment Contracts Repossession Protection • Taxation provisions • Voting rights

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 21

Who Receives the Protections? (Federal provisions) • Reserve - When on Active Duty • National Guard - Federal Service (Title 10) & Sometimes Title 32 (32 USC § 502f) • Active Army – SCRA applies to all Active Army, but some protections only apply to pre-service obligations • Family Members – Taxation and voting protections exist for spouses of Servicemembers who share a common state of domicile with the Servicemembers PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 22

132 11 6/29/2020

National Guard Federal SCRA Applicability • Examples: – Overseas deployments in Title 10 Active Duty status – Title 32 [Section 502(f)(2) more than 30 days + Declared National Emergency] • Airport Security after 9/11 • Hurricane Katrina • Covid-19 Response

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 23

National Guard South Carolina SCRA Applicability

• Same as Federal SCRA plus • Full-time training duty • Annual training duty • Attendance at a service school (designated by federal law or service secretary) • State Active Duty for more than 30 consecutive days

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 24

133 12 6/29/2020

When Do Protections Begin?

• Entry on Active Duty

• Reserve Components - Receipt of Active Duty orders

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 25

When Do Protections End?

• Normally, on date of release from Active Duty • Exceptions:  Stay of civil proceeding: File application within 90 days after Release from Active Duty (REFRAD)  Default Judgments: File application to set aside the judgment no later than 90 days after REFRAD  6% max interest rate: For mortgages only, reduction continues one year after REFRAD  Court order required for foreclosure (pre-service mortgage) & opportunity to request a foreclosure stay: Right continues 1 year after REFRAD

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 26

134 13 6/29/2020

6% Interest Cap

• Basic Rule:  Limits interest to 6% on pre-service obligations (includes student loans)  Pre-service means pre-active duty  Lender must forgive interest above 6% back dated to the date the SCRA first applied to the Servicemember  Lender cannot accelerate payment of principal

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 27

6% Interest Cap Requirements

• Servicemember must write a letter to creditor • Must provide a copy of orders and any extensions • Must give notice only  NO initial requirement for Servicemember to show “material effect”  Creditor must reduce rate after SM’s notice • Creditor may avoid reducing the interest rate only through COURT FINDING of no “material effect”

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 28

135 14 6/29/2020

Enforcing Federal SCRA Rights

• Private right of action – may personally bring civil action for damages, equitable or declaratory relief • Court may award attorneys fees to person harmed by SCRA violation • The US Attorney General may sue a person engaging in a pattern or practice of violating the SCRA or a person who violates the act in a manner that raises an issue of significant public importance

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 29

Enforcing South Carolina SCRA Rights A servicemember, the dependent of a servicemember, or the South Carolina Attorney General may bring a civil action against a person who intentionally violates a provision of this article.

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 30

136 15 6/29/2020

Enforcing South Carolina SCRA Rights

The court may order one or more of the following remedies: • Injunction • Payment of restitution • In the event of an intentional violation of this article, the court may assess a civil penalty not to exceed five thousand dollars per violation

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 31

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 32

137 16 6/29/2020

USERRA Background Information

• Enacted in 1994; replaced the weaker Veterans’ Reemployment Rights Act

• Applies to virtually every U.S. Employer, both within the US and overseas--no minimum number of employees

• Implementing authority is the US Department of Labor (DOL)

• DOL prescribed regulations implementing USERRA in Dec 2005

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 33

USERRA Background Information

In general, USERRA:

Prohibits employment discrimination based on past, current, or possible future military service

Protects reemployment rights for persons absent from employment because of military service

Preserves benefits for persons absent from employment because of military service

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 34

138 17 6/29/2020

Prerequisites for Coverage

• Civilian job (self-employed not covered) • Absence due to military service • Advance notice to employer • Military service cannot exceed 5 years* • Separation under Honorable conditions • Report back in a timely manner

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 35

Absence Due to Military Service • “Service in the uniformed services” includes: – Active and Reserve components of the Armed Forces of the United States (to include National Guard duty under Federal authority - Title 10 & 32); – Public Health Service; – As designated by President in National Emergencies; – Voluntary or involuntary call-ups; – Intermittent disaster response service/training

• USERRA does NOT cover National Guard duty in purely state status. However, S.C. Code Ann. § 25-1-2310, Entitlement to Reemployment, covers both National Guard and State Guard as applied through S.C. Code Ann. § 25-1-2340.

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 36

139 18 6/29/2020

Advance Notice to your Employer

• Notice can be either verbal or written BUT Should be in writing to protect all parties

• No time frame specified in USERRA BUT Regulations recommend at least 30 days prior

• Exception to notice requirement: “military necessity” or “unreasonableness”

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 37

Timely Reporting

• Up to 30 days: Report to work after safe travel + 8 hours

• 31 - 180 days: Submit reemployment application w/in 14 days

• 181 days or more: Submit reemployment application w/in 90 days

• Failure to meet timelines: Normal employer rules apply

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 38

140 19 6/29/2020

USERRA Protections

• Protection from discrimination due to military status • Prompt reemployment and training • Accrued seniority • Health insurance coverage • Special protection from discharge

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 39

Miscellaneous Protections Some “little known facts”

• Employee can’t be forced to use vacation time to perform military service

• Employer, not employee, responsible for covering employee’s shift or job (i.e. finding replacement)

• Pension Benefits:

• Time performing military service counts toward pension “time” requirements

• Soldier must make contributions, if part of plan

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 40

141 20 6/29/2020

Employer Support of the Guard and Reserve (ESGR)

• Primary initial point of contact

• Employer Support of the Guard and Reserve 4800 Mark Center Drive, Suite 05E22 Alexandria, VA 22350-1200

• Phone: 800-336-4590 Option 1

• Website: www.esgr.mil

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 41

Department of Labor – Veterans’ Employment and Training Service (DOL-VETS)

• U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 • 866-4-USA-DOL • Website: www.dol.gov/vets/

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 42

142 21 6/29/2020

Private Lawsuit to Enforce USERRA A Servicemember who does not choose to use ESGR, VETS, or Attorney General assistance (or is unsuccessful with these entities) can file a private lawsuit (no exhaustion of administrative remedies required)

• State employee, file suit in federal court (DoJ must prosecute the case) • Private employee, file suit in federal court • Federal employee, special rules apply

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 43

Lautenberg Amendment

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 44

143 22 6/29/2020

Lautenberg Amendment

• Forbids persons convicted of misdemeanor (extended to felonies by policy) crimes of domestic violence from receiving or possessing firearms or ammunition

• Forbids anyone from selling or otherwise transferring firearms or ammunition to such a person

• Applies to all Soldiers – Active, Reserve, and National Guard

• Violations punishable under UCMJ

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 45

Lautenberg Amendment

• Also forbids the sale or transfer of firearms or ammunition to a person subject to a restraining order, if:

– The order was issued after a hearing (notice and opportunity to be heard); and

– Includes a finding that the person presents a credible threat to intimate partner or child; or

– Explicitly prohibits use of force against intimate partner or child.

– There is a restraining order exception for the use of the United States or any department or agency thereof. 18 U.S.C. § 925(a). As such, a Soldier who has a long term domestic violence restraining order can still possess a firearm issued by the Army.

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 46

144 23 6/29/2020

Domestic Violence

• Elements: – Use or attempted use of physical force or threatened use of deadly force – Against family member or “intimate partner” – That qualifies as a misdemeanor under Federal or State law

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 47

Misdemeanor Conviction

• Accused must have had: – Counsel or waived counsel – Jury trial, if entitled, or waived

• No qualifying misdemeanor conviction if: – Unqualified pardon or expungement – Pretrial diversion program or deferred adjudication (look at state law) – Result of a Summary Court Martial – Result of a Nonjudicial Punishment

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 48

145 24 6/29/2020

Weapon

Includes: • Privately Owned Weapon • Individual Issued Weapon • Ammunition for Either of the Above

Does Not Include: • Crew Served Weapon or Major Weapons System

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 49

Mobilization, Deployment, and Retention

• Lautenberg violators are non- deployable for missions requiring weapons or ammunition • Commanders provide reasonable time to seek expungement or pardon for conviction • No waiver for enlistment or reenlistment

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 50

146 25 6/29/2020

QUESTIONS?

PRE-DEPLOYMENT LEGAL ISSUES

Current as of 1 January 2019 51

147 26 Introduction to Service Animals

148 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

1 1

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

PART I SERVICE ANIMALS AND THE AMERICANS WITH DISABILITIES ACT

149 1 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

HISTORICAL CONTEXT

Service Animals-The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, contain updated requirements, including the 2010 Standards for Accessible Design (2010 Standards). Overview The DOJ publication provided guidance on the term “service animal” and codified the service animal provisions in the Department’s regulations. Beginning March 15, 2011, only dogs were recognized as service animals in titles II and III of the ADA. (28 CFR Sec 35-136 added miniature horses) A service animal under the ADA was defined as a dog that is individually trained to do work or perform tasks for a person with a disability. Generally, title II and title III entities must permit service animals to accompany people with disabilities into all areas where members of the public are allowed access.. 3 3

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS DOJ GENERAL GUIDELINES

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This technical assistance service provides informal guidance to assist in understanding the ADA and the Department's regulations. Department of Justice guidance is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified at the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent. Originally issued: July 12, 2011 Last updated: February 24, 2020

4 4

150 2 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS SERVICE ANIIMALS DEFINED Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Some state and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the relevant state attorney general’s office.

5 5

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

WHERE SERVICE ANIMALS ARE ALLOWED Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed access. For example, in a hospital it usually would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

6 6

151 3 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SERVICE ANIMALS MUST BE UNDER CONTROL A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

7 7

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

INQUIRIES, EXCLUSIONS, CHARGES AND OTHER SPECIFIC GUIDELINES RELATED TO SERVICE ANIMALS When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. 8 8

152 4 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS (CONTINUED) Establishments that sell or prepare food must generally allow service animals in public areas even if state or local health codes prohibit animals on the premises. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal. Staff are not required to provide care for or supervision of a service animal

9 9

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS SECTION 2- FEDERAL STATUTES REGARDING SERVICE ANIMALS

10 10

153 5 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS 28 C.F.R. SECTION 35.136 – FEDERAL SERVICE ANIMAL STATUTES § 35.136 Service Animals. (a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if - (1) The animal is out of control and the animal's handler does not take effective action to control it; or (2) The animal is not housebroken. (c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. (d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means). (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal. 11 11

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS 28 C.F.R. SECTION 35.136 – SERVICE ANIMAL STATUTES

§ 35.136 Service Animals. - Continued

(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed. 12 12

154 6 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS 28 C.F.R. SECTION 35.136 – SERVICE ANIMAL STATUTES

§ 35.136 Service Animals. - Continued

(h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

13 13

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

MINIATURE HORSES

14 14

155 7 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

MINIATURE HORSES In addition to the provisions about service dogs, the Department’s ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

15 15

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH 28 C.F.R. SECTION 35.136 – SERVICE ANIMAL STATUTES § 35.136 Service Animals. - Continued (i) Miniature Horses. (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider - (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features; (ii) Whether the handler has sufficient control of the miniature horse; (iii) Whether the miniature horse is housebroken; and (iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. 16 16

156 8 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH 28 C.F.R. SECTION 35.136 – SERVICE ANIMAL STATUTES § 35.136 Service Animals. - Continued

(i) Miniature horses. (3) Other requirements. Paragraphs 35.136(c) through (h) of this section, which apply to service animals, shall also apply to miniature horses. AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010; 76 FR 13285, Mar. 11, 2011.

17 17

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

PART II SERVICE ANIMALS UNDER THE FAIR HOUSING ACT 42 USC 3601

The Fair Housing Act uses a much broader definition of “assistance animal “ which includes the use of “Emotional Support” Animals”

18 18

157 9 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

EMOTIONAL SUPPORT ANIMALS IN “NO PET” HOUSING Advocates and professionals serving the disabled have historically promoted assistive animals for people with physical disabilities, including seeing eye dogs or hearing dogs that are trained to perform simple tasks such as carrying notes and alerting their owners to oncoming traffic or other environmental hazards. Recent trends have included utilizing assistance animals to benefit people with psychiatric disabilities. Emotional support animals have been trained to provide therapeutic stabilization and support. They have been proven highly effective in ameliorating symptoms of post‐traumatic stress disorder experienced by members of the armed services

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND SECTION 504 OF THE REHABILITATION ACT OF 1973 The Fair Housing Amendments Act of 1988 (FHA) and Section 504 of the Rehabilitation Act of 1973 (§ 504) protect the right of people with certain conditions to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not considered "pets," but rather assistive aids, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant meets the definition of a person with a disability and has a letter or prescription from an appropriate licensed professional, such as a therapist or physician, he or she is entitled to a reasonable accommodation to a building's "no pet" policy allowing an emotional support animal in the home. 20

158 10 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH REASONABLE ACCOMMODATIONS

Discrimination under the FHA includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a person with a disability] an equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord must provide the accommodation. The Department of Housing and Urban Development (HUD) and several courts have explicitly stated that an exception to a "no pets" policy for a support animal generally qualifies as a reasonable accommodation. See, e.g., Castellano v. Access Premier Realty, Inc., 181 F. Supp. 3d 798 (E.D. Cal. 2016) (waiving a "no pet" policy to allow a resident's emotional support cat was a reasonable accommodation under FHA); Auburn Woods I Homeowners Association vs. Employment and Housing. Commission , 121 Cal. App. 4th 1578 (2004) (landlord's repeated denials of tenant's requests for a waiver allowing an emotional service dog constituted unlawful discrimination); Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, exhibit 2-2 (2013)2 (making an exception to a no pet rule to allow a tenant with an emotional disability to keep an assistance animal is a reasonable

accommodation). 21

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

REASONABLE ACCOMODATIONS ( continued)

See, e.g., Castellano v. Access Premier Realty, Inc., 181 F. Supp. 3d 798 (E.D. Cal. 2016) (waiving a "no pet" policy to allow a resident's emotional support cat was a reasonable accommodation under FHA); Auburn Woods I Homeowners Association v. Fair Emp't and Housing Commission, 121 Cal. App. 4th 1578 (2004) (landlord's repeated denials of tenant's requests for a waiver allowing an emotional service dog constituted unlawful discrimination); Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, exhibit 2‐2 (2013)2 (making an exception to a no pet rule to allow a tenant with an emotional disability to keep an assistance animal is a reasonable accommodation).

159 11 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

Statute Covered Housing Elements of Reasonable Accommodation Claim Fair Housing Act 42 U.S.C. §§ Applies to virtually all (1) Tenant has a disability; 3601 et seq. forms of housing, whether (2) Landlord/Housing for sale or rent. The Authority knows about exceptions include (a) disability; buildings with four or fewer (3) Reasonable units where the landlord accommodation may be lives in one of the units, necessary to afford tenant and (b) private owners who an equal opportunity to do not own more than use and enjoy his or her three single‐family houses, dwelling; and do not use real estate (4) Reasonable brokers or agents, and do accommodation would not use discriminatory not constitute an undue advertisements. burden or fundamental alteration. 23 23

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

Rehabilitation Act Applies to any program that receives (1) Tenant has a disability; federal assistance, such as public or (2) Tenant was excluded from and 29 U.S.C. § subsidized housing (although a denied participation in services, 794 landlord who only accepts Section 8 programs, and activities; rental assistance is not subject to (3) Exclusion was because of disability; § 504). and (4) Reasonable accommodation would not constitute an undue burden or fundamental alteration.

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REASONABLE ACCOMMODATION CRITERIA

To qualify for a reasonable accommodation under the FHA or § 504, the tenant must meet the statutory definition of having a disability. The statutes recognize three broad categories of disabilities: (1) a physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, working, learning, washing, dressing, etc.; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. 28 C.F.R. § 35.108.

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

REASONABLE ACCOMMODATION REQUESTS

Applicants with disabilities that require an emotional support animal must request an accommodation, in writing, from the landlord, manager or other appropriate authority. The request should declare the presence of a disability and should explain how the requested accommodation will mitigate the effects of the disability. In addition, the request should include a note from a service provider, doctor, or therapist verifying the need for the support animal (sample letter from service provider follows). There is no legal obligation to disclose the details of the disability, nor provide additional medical documentation or medical history.

161 13 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

LANDLORD REQUESTS FOR PROOF OF DISABILITY

HUD and DOJ indicated in a Joint Statement on Reasonable Accommodations under the FHA that housing providers are entitled to obtain only information necessary to determine whether requested accommodations are necessary because of a disability. The ability to substantiate the existence of a disability and to establish that the support animal is necessary for use and enjoyment of a residence is still critical. Courts have consistently held that a tenant requesting an emotional support animal as a reasonable accommodation must demonstrate a relationship between his or her disability and the companionship of the animal. In most cases, a letter from a licensed physician or therapist explaining the need for a support animal is sufficient. See, e.g., Castellano v. Project Sentinel, Inc., 181 F. Supp. 3d 798 (E.D. Cal. 2016) (sufficient support existed for waiving a no pet policy where a tenant's treating physician provided residential property managers with documentation indicating that tenant suffered from anxiety disorder and depression that would be eased by an emotional support animal). 27

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

TRAINING REQUIREMENTS FOR EMOTIONAL SUPPORT ANIMALS Although the landlord is entitled to the supporting documentation of the need for an emotional support animal, neither FHA nor § 504 require the tenant to provide proof of training or certification of the animal. Courts, however, remain divided on the issue. See, e.g., Fair Hous. of the Dakotas, Inc. v. Goldmark Prop. Mgmt., 778 F. Supp. 2d 1028 (D. N.D. 2011) (the FHA encompasses all types of animals regardless of training); Prindable v. Association of Apartment Owners of 2987 Kalakaua, 304 F. Supp. 2d 1245 (D. Haw. 2003) (a dog not specially trained is not a "service animal" within the meaning of the FHA). While dogs are the most common service animal, other animals may also be assistance animals under FHA and § 504. See Janush v. Charities Housing Development Corp., 169 F. Supp. 2d 1133 (N.D. Cal. 2000) (disabled tenant's two birds and two cats acted as service animals, providing tenant with companionship needed for her mental health, supported her claim that landlord's eviction of tenant for violation of no pets policy violated FHA). 28

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UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH SAMPLE EMOTIONAL SUPPORT ANIMAL LETTER

February 15, 2020

To Whom It May Concern: RE: Mrs. Doe We are submitting this letter on behalf of the above referenced client, Mrs. Jane Doe, following screening and assessment, most recently conducted on April 1, 2020. This letter confirms Mrs. Doe meets all diagnostic criteria of a mental health disorder as defined in the Diagnostic Statistical Manual Fifth Edition (DSM-5). Pursuant to the foregoing diagnosis, her psychological condition is disabling insofar as it significantly limits at least one daily life activity. It can affect her ability to cope and the maintenance of her psychological stability. This letter further confirms the patient's representation that her dog, Samson, (a 70 lb Labrador), is an appropriate Emotional Support Animal (ESA) This entitles her to the rights and benefits provided by the Fair Housing Amendments of 1988. These laws define a person with a mental health diagnosis, which affects their daily functioning significantly, as a disability. This confers upon her the right to be accompanied by her Emotional Support Animal for the full use and enjoyment of housing facilities. Please note that Mrs. Doe has registered her pet with the Emotional Support Animal Registration of America, which further substantiates her need and commitment for an ESA. If further information is requested, please provide us with a written, signed authorization to provide such information regarding Mrs. Doe. Thank you in advance for your cooperation

Sincerely, Dr. Judge Knott 29

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

PART III SERVICE ANIMAL UNDER AIR CARRIER ACCESS ACT

30 30

163 15 6/2/2020

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SERVICE ANIMALS UNDER THE AIR CARRIER ACCESS ACT - VIDEO

https://youtu.be/JrSyXVb_7Yw

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

PART IV SOUTH CAROLINA SERVICE ANIMAL STATUTES

32 32

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SECTION 47-3-930. Interference with use of a guide dog or service animal; misdemeanor. (A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

HISTORY: 2003 Act No. 37, Section 1, eff June 2, 2003. 33 33

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

:SECTION 47-3-940. Injury, disability, or death; reckless disregard; penalties.

(A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

HISTORY: 2003 Act No. 37, Section 1, eff June 2, 2003.

34 34

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: SECTION 47-3-950. Unauthorized control over guide dog or service animal; penalties.

(A) It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.

HISTORY: 2003 Act No. 37, Section 1, eff June 2, 2003.

35 35

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

: SECTION 47-3-960. Intentional injury, disability, or death; penalties.

(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.

HISTORY: 2003 Act No. 37, Section 1, eff June 2, 2003.

36 36

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SECTION 47-3-970. Restitution.

(A) A defendant convicted of a violation of Sections 47-3-930, 47-3-940, 47-3-950, or 47-3-960 may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.

(B) Restitution ordered pursuant to this section includes, but is not limited to:

(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

37 37

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-970. Restitution.

(B) Continued

(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C) This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

HISTORY: 2003 Act No. 37, Section 1, eff June 2, 2003; 2019 Act No. 44 (S.281), Section 5, eff May 16, 2019.

38 38

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-980. Intentional misrepresentation of animal as service animal; penalties.

(A) It is unlawful for a person to intentionally misrepresent an animal in his possession as a service animal or service animal-in-training for the purpose of obtaining any right or privilege provided to a disabled person if the person knows that the animal in his possession is not a service animal or service animal-in-training.

(B) A person who is adjudicated to be in violation of the provisions of subsection (A) must be fined:

(1) for a first offense, an amount not more than two hundred fifty dollars;

(2) for a second offense, an amount not more than five hundred dollars; and

39 39

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-980. Intentional misrepresentation of animal as service animal; penalties.

Continued (3) for a third or subsequent offense, an amount not more than one thousand dollars.

(C) Inquiries made in order to investigate and enforce the provisions of this section are limited to those inquiries allowed by the Department of Justice pursuant to 28 C.F.R. Section 36.302.

(D) A custodial arrest for a violation of subsection (A) must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of subsection (A) does not constitute a criminal offense.

HISTORY: 2019 Act No. 44 (S.281), Section 1, eff May 16, 2019. 40 40

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SECTION 47-3-990. Rules and regulations related to access of places of public accommodation by nonservice animals.

Places of public accommodation may establish rules and regulations related to access to such facilities by nonservice animals, including emotional support animals.

HISTORY: 2019 Act No. 44 (S.281), Section 1, eff May 16, 2019.

41 41

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-610. Unlawful to taunt, torment, tease, beat, strike, or administer desensitizing drug to police dog or horse. It is unlawful for a person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency. HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, Section 2, eff June 12, 1995

42 42

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-620. Unlawful to torture, mutilate, injure, disable, poison, or kill police dog or horse. It is unlawful for a person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain. HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, Section 3, eff June 12, 1995.

43 43

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-3-630. Penalties. A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates the provisions of Section 47-3-620 is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years. HISTORY: 1988 Act No. 512, eff May 9, 1988; 1995 Act No. 68, Section 1, eff June 12, 1995; 2008 Act No. 259, Section 3, eff upon approval (became law without the Governor's signature on June 5, 2008).

44 44

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SECTION 47-1-225. Animal cruelty instruction for certain judges. Every four years, at their mandatory continuing legal education programs, magistrates and municipal court judges must receive at least two hours of instruction on issues concerning animal cruelty. The content of the continuing legal education must be determined by the South Carolina Court Administration at the direction of the Chief Justice of the South Carolina Supreme Court. HISTORY: 2019 Act No. 43 (S.105), Section 1, eff May 16, 2019.

45 45

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS PART 5 SERVICE ANIMALS IN LAW ENFORCEMENT

46 46

171 23 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

POLICE DOG

47 47

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

POLICE K9 APPREHENSION DOGS

172 24 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

POLICE K9 TRACKING DOGS

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH POLICE K9 DRUG DETECTION DOGS

173 25 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

K9 POLICE BOMB DETECTION DOGS

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH CASE LAW

174 26 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

LEGAL STANDARD FOR PROBABLE CAUSE IN RELIABILITY OF DOG SNIFF CASES

In Florida v. Harris, 568 U. S. 237 (2013) the U.S. Supreme Court held that if a bona fide organization has certified a dog after testing its reliability in a controlled setting, or if the dog has recently and successfully completed a training program that evaluated the dog’s proficiency, a court can presume (subject to any conflicting evidence offered) that the dog’s alert constitutes probable cause to search, using a “totality of the circumstances” approach.

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

LEGAL STANDARD FOR K-9 APPREHENSION CASES IS “TOTALITY OF THE FACTS”

In Robinette v. Barnes 854 F.2d 909(1988, CA Tenn), the court held that the use of a police dog was not excessive force and the handler was not liable under 42 U.S.C. 1983 after a K‐9 apprehension dog was sent in to search a darkened building. The armed suspect had been warned to surrender or the dog would be deployed. During the struggle the suspect was seized by the neck and later died of injuries sustained during the apprehension. The agency had kept meticulous K‐9 training records for over 20 years and was able to show that the use of deadly force and seizing suspects by the neck was not an integral part of their K‐9 training program. The death of the suspect was an unintended result of the apprehension and the deployment of the dog was deemed justifiable. 54 54

175 27 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

POLICE DOGS IN ACTION-VIDEO

https://youtu.be/oQ4tKPY2TFQ

55 55

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

BUDGET CUTS HAVE IMPACTED THE CABABLITIES OF MANY LAW ENFORCEMENT K-9 AND EQUINE PROGRAMS IS THIS WHAT THEY MEAN BY “DOWNSIZING?”

176 28 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

POLICE HORSES

57 57

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

POLICE HORSES

Mounted Patrol units are used by law enforcement agencies to provide positive interaction with the community, assist with crime reduction activities and to provide effective crowd control mechanisms. The horse and rider teams are trained to perform all standard police functions . A mounted patrol unit stands an imposing 8 to10 feet high and can observe situations and respond to urgent problems in congested areas much faster than standard police units. Mounted patrol units provide a more approachable demeanor; therefore serving as a valuable public relations tool for their departments. Police horse teams embody the three C’s of the community policing philosophies adopted by many agencies. Crowd Control Crime Deterrence Community Relations

58 58

177 29 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

POLICE HORSES IN ACTION- VIDEO

59 59

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

PART 6 MILITARY WORKING ANIMALS

60 60

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

MILITARY WORKING ANIMALS

Military working animals are trained for use in warfare and combat related activities. Dogs are the the predominant animals used; but the military has used horses, mules, camels, elephants and oxen for transportation and for mounted attack in past wars. Pigeons have been used for communication and aerial espionage. Bats, rats, pigs, dolphins and sea lions have all been used in special operations, but much information surrounding their function remains classified. Until 2015 military service animals were considered military property and were destroyed as surplus property when their service had ended.

61 61

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

MILITARY WORKING ANIMALS

In 2015 a new provision of U.S. Code Section 2583 provided for the adoption and transfer of military service animals. The provision covers (a) availability for transfer or adoption (b) suitability for transfer or adoption (c) authorized recipients of transfer or adoption (d) consideration (e ) limits of liability for transfer (f) mandatory veterinary screening for military service animals prior to transfer or adoption (g) transportation guidelines for military service animals (h) preference in adoptions given to former handlers; and (i) military service animals are defined as: 1. Military working dogs or contract working dogs that have been transferred to the 341st training squadron; or: 2. An equid (horse, mule or donkey) owned by the Department of Defense.

62 62

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UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SOCIAL MEDIA PATCH

QUESTIONS?

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

SUPPLEMENTAL MATERIAL

FAMOUS MILITARY SERVICE ANIMALS

64 64

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UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING-MILITARY WORKING DOGS PATCH

SALLIE – CIVIL WAR Sallie, served in the Civil War as the mascot of the 11th Pennsylvania Volunteer Infantry. Sallie was a Staffordshire Terrier who served with the soldiers on the front lines of many battles. She served at the Battle of Gettysburg, but became separated from the 11th Pennsylvania Volunteer Infantry during the fighting. Sallie was found by her soldiers three days after going missing. She was still on the battlefield, guarding the wounded and dead soldiers. Sallie was killed in action at the Battle of Hatcher’s Run in Virginia. Years after the Civil War had ended, soldiers from her regiment placed a memorial statue of Sallie at Gettysburg.

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING- MILITARY WORKING DOGS PATCH

SGT. STUBBY – WORLD WAR I Sergeant Stubby was the most decorated war dog of World War I, serving with the 102nd Infantry, 26th Yankee Division. The only dog to be promoted to the rank through combat, Sgt. Stubby served in the trenches in France, warning soldiers of incoming shells, gas attacks, and locating wounded soldiers on the battlefield. In one instance he captured a German spy singlehanded Cpl. John Robert Conroy found Stubby as a stray at Yale University where the soldiers were training. Conroy then snuck Stubby with him to France when the troops shipped out. After the two survived a gas attack by the Germans, Stubby developed a keen smell for gas and would alert the men to incoming attacks since he could smell it long before a human could. He received multiple medals, met 3 Presidents, and became the official mascot of Georgetown University after the war. Sgt. Stubby was with Conroy when he died in 1926. 66

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UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING- MILITARY WORKING DOGS PATCH

CHIPS – WORLD WAR II The most decorated military dog of World War II was a German Shepherd/Collie/Husky mix named Chips. Part of the Dogs for Defense program initiated after the attack on Pearl Harbor, Chips was given to the military by his owner in New York. Chips served in General Patton’s Seventh Army in Germany, Italy, Sicily, France, and North Africa. He was awarded the Silver Star for valor and the Purple Heart for his injuries. Unfortunately, the military later took back the medals, claiming that Chips was only equipment and not eligible to receive the medals. 67

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING- MILITARY WORKING DOGS PATCH

NEMO – VIETNAM WAR Nemo A534, a German Shepherd, served with the Air Force in the Vietnam War. While on guard duty one night with his handler, Airman Robert Throneburg, Nemo sensed enemy soldiers approaching and alerted Throneburg. Thanks to Nemo’s alert, Throneburg was not taken by surprise and the two were able to put up a valiant fight. Both Nemo and his handler were shot during the fight with the Viet Cong guerillas, Throneburg in the chest and Nemo in the nose and eye. Despite the gunshot wound, Nemo helped keep the attackers at bay long enough for Throneburg to radio for help. When Throneburg fell unconscious from his wounds, Nemo guarded his wounded handler from attacking forces until help arrived. In fact, Nemo was so protective of his handler that he wouldn’t let anyone near him – friend or foe – and it eventually took a veterinarian to get Nemo to move so that medics could treat them. Both recovered from their injuries. Throneburg received a Puprle Heart and a Bronze Star Medal with Valor and Nemo was given a permanent kennel to retire. He was one of the first dogs allowed to return to the United States 68 after serving overseas since World War II. 68

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UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING-MILITARY WORKING DOG PATCH

LUCCA-IRAQ Lucca, a German Shepherd/Belgian Malinois mix, served for six years in the United States Marine Corps, completing two tours of active service. A specially trained explosive detecting dog, Lucca was able to work off- leash to find buried or hidden explosives and IEDs. During her two tours, she completed around 400 missions and saved countless lives by detecting explosive devices. In 2012, Lucca was on her second tour in Afghanistan when she saved the lives of several Marines – but at a price. After finding one buried explosive, Lucca began the search for a second device in the area. An IED was set off, with Lucca taking the brunt of the explosion. Her handler at the time, Cpl. Juan Rodriguez, immediately applied a tourniquet to her front leg, and later stayed with her during her recovery. Unfortunately, Lucca’s leg had to be amputated due to the injury. That didn’t affect Lucca much, according to Rodriguez, who says she almost immediately wanted to get back up and start walking. She was granted the Dickin Medal by the PDSA and was (unofficially) granted a Purple Heart by a fellow Marine who had also received the medal. 69

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING - SERVICE ANIMALS PATCH

LUCCA-IRAQ 70

183 35 6/2/2020

UNIT SOUTH CAROLINA STATE GUARD UNIT CREST JAG BRIEFING – MILITARY WORKING DOG PATCH

CAIRO – OPERATION NEPTUNE SPEAR Modern day U.S. military dogs are used primarily for sniffing out and detecting hidden or buried explosives (IEDs) in the Middle East. One modern military dog in particular, Cairo, has the unique distinction of being the only military personnel named from Operation Neptune Spear – the covert military operation that took down Osama Bin Laden. Cairo is a Belgian Malinois and a canine member of the elite Navy SEALs. Cairo was part of the Navy SEAL team that stormed Osama Bin Laden’s compound in May of 2011 in Pakistan. Cairo helped secure the outside perimeter of the building and was tasked with tracking down anyone who tried to escape, as well as being an alert of any incoming interference. He was outfitted with a special vest that included tactical equipment. Though little is known about the exact actions of Cairo during the operation, he was the only military dog to be part of one of the biggest military operations in modern history. 71

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING –MILITARY HORSE SGT RECKLESS Staff Sergeant Reckless (c. 1948 – May 13, 1968), a decorated war horse who held official rank in the United States military, was a mare of Mongolian horse breeding. Out of a race horse dam, she was purchased in October 1952 for $250 from a Korean stable boy at the Seoul racetrack who needed money to buy an artificial leg for his sister. Reckless was bought by members of the United States Marine Corps and trained to be a pack horse for the Recoilless Rifle Platoon, Anti-Tank Company, 5th Marine Regiment, 1st Marine Division.

72 72

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING – MILITARY HORSE SGT RECKLESS Staff Sergeant Reckless - Continued She quickly became part of the unit and was allowed to roam freely through camp, entering the Marines' tents, where she would sleep on cold nights, and was known for her willingness to eat nearly anything, including scrambled eggs, beer, Coca-Cola and, once, about $30 worth of poker chips. She served in numerous combat actions during the Korean War, carrying supplies and ammunition, and was also used to evacuate wounded. Learning each supply route after only a couple of trips, she often traveled to deliver supplies to the troops on her own, without benefit of a handler. The highlight of her nine-month military career came in late March 1953 during the Battle for Outpost Vegas when, in a single day, she made 51 solo trips to resupply multiple frontline units. She was wounded in combat twice, given the battlefield rank of corporal in 1953, and then a battlefield promotion to sergeant in 1954, several months after the war ended. She also became the first horse in the Marine Corps known to have participated in an amphibious landing, and following the war was awarded two Purple Hearts, a Marine Corps Good Conduct Medal, was included in her unit's Presidential Unit Citations from two countries, as well as other military honors

73 73

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS BIBLIOGRAPHY

US Department of Justice-2015 –Civil Rights Division https://www.ada.gov/regs2010/service_animal_gv.pdf 28 CFR – Sections 35.104 and 36.104 42 USC 3601-Fair Housing Amendments Act of 1988-Occupancy Requirements of Subsidized Multifamily Housing Programs- HUD, No. 4350.3, exhibit 2-2, 2013 Rehabilitation Act of 1973-Section 504 49 USC 41705-Air Carrier Access Act

South Carolina Code of Laws-(various codes) 74 74

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UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS BIBLIOGRAPHY

Best Police Dog Training-Guild of Dog Trainers- Colin Tennant and Associates www.colintennant.co.uk Mounted Police Procedures-Friends of the Lexington, Kentucky Mounted Police. 2010 6 Historic Military Dogs who gave Everything for their Country by Jacob H. blog.theveteransite.greatergood.com/famous-military-dogs/ Geer, Andrew (1955)- Reckless, Pride of the Marines-Free Download and Streaming- https://archive.org/details/recklessprideoft011755mbp. Reckless-Blackman. Jr. Robert R.-Sentinel. Marine Corps Heritage Foundation http://www.marineheritage.org/2012 sentinel online .pdf

10 USC Section 2583-Military Animals-Transfer and Adoption 75 75

UNIT SOUTH CAROLINA STATE GUARD UNIT PATCH CREST JAG BRIEFING - SERVICE ANIMALS

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76 76

186 38 Counselor at Law (Ethics)

187 Legal Customer Service

Tom Winslow Goldfinch Winslow Law Firm 843-357-9301

188 . The 2014 U.S. News Job Rankings: Being A Lawyer Is Worse Than Being A Nail Technician

. Why did you spend all of that money on a law degree when you could've just gone to beauty school?

HEADLINES . Unhappiest Job in America? Take a Guess

. The unhappiest job in America is... exactly the one you'd expect.

. Being A Lawyer Is Considered The Worst Job Ever: Even US News Ranks Being A Massage Therapist A Better Job

189 Law firm customer service statistics can be frightening:

•Fewer than 10% of customers who call a law firm will actually get to speak to a lawyer. •More than 40% of people who leave a voicemail or fill out a form wait two or three days before they hear back. •11% of callers hang up within 10 seconds of calling a law firm because they’re frustrated at not getting to speak with the person they ask for by name. In short: Most law firms are terrible at customer service (client service, if you prefer).

190 . I do solemnly swear (or affirm) that:

. I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this State and of the United States;

. I will maintain the respect and courtesy due to courts of justice, judicial officers, and those who assist them;

. To my clients, I pledge faithfulness, competence, diligence, good judgment and prompt communication;

. To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

. I will not pursue or maintain any suit or proceeding which appears to me to be unjust nor maintain LAWYER’S any defenses except those I believe to be honestly debatable under the law of the land, but this obligation shall not prevent me from defending a person charged with a crime; OATH . I will employ for the purpose of maintaining the causes confided to me only such means as are consistent with trust and honor and the principles of professionalism, and will never seek to mislead an opposing party, the judge or jury by a false statement of fact or law;

. I will respect and preserve inviolate the confidences of my clients, and will accept no compensation in connection with a client's business except from the client or with the client's knowledge and approval;

. I will maintain the dignity of the legal system and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

. I will assist the defenseless or oppressed by ensuring that justice is available to all citizens and will not delay any person's cause for profit or malice;

. [So help me God.]

191 . Judge’s Oath . I do solemnly swear (or affirm) that: . I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this State and of the United States; . I pledge to uphold the integrity and independence of the JUDGE’S OATH judiciary; . I pledge, in the discharge of my duties, to treat all persons who enter the courtroom with civility, fairness, and respect; . I pledge to listen courteously, sit impartially, act promptly, and rule after careful and considerate deliberation; . I pledge to seek justice, and justice alone; . [So help me God.]

192 RULE 407 SOUTH CAROLINA RULES OF PROFESSIONAL CONDUCT PREAMBLE: A LAWYER'S RESPONSIBILITIES

193 [1] A lawyer, being a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.

194 [3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

195 [5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

196 [6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

197 [7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service.

[8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

198 [9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

199 [10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

200 [12] The legal profession's relative autonomy carries with it special responsibilities of self- government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

201 Purpose ‐ Why

This Photo by Unknown Author is licensed under CC BY

202 . A recent Avvo study found that “excellent customer service” is non-negotiable and it’s the fourth-highest filter choice when consumers are searching for an attorney. Consumers want to feel acknowledged, Customer Service important, and respected, so it makes sense that consumers place more value in soft skills (e.g., in Legal is Non‐ empathy, friendliness). Negotiable . You may consider awards, referrals, attorney endorsements, and even proximity as decision-making factors for consumers, but these elements are less important than the customer service a lawyer offers.

203 . Good customer service means different things to different people. When a lawyer’s beliefs about customer service differ greatly from a client’s needs, the relationship might never get off the ground. . According to a recent Avvo study about the criteria consumers use when selecting an attorney, here’s what It Is What consumers want in the way of legal customer service: Consumers Want . Polite and friendly support staff . Responsiveness to phone calls and emails . The same treatment for all clients . Clear communication . Going beyond their expectations

204 Customer Service

How do you serve others?

205 Someone might be seeking a bulldog of an attorney who doesn’t have time for emotions.

Someone else might want an empathetic lawyer who is prepared to listen to all their needs.

206 . Do our personalities mesh? . Do I feel like I can really depend on you? . Are you always on call or do you promise a good response time? Understand Life . What is your hourly rate? From the . Do you offer fixed fee services or take a retainer? Perspective Of . Will you provide a cost estimate up front? Your Client . Are there hidden fees? . Do you take credit cards? . Do you have the time to handle my case? . How will you communicate with me throughout the process?

207 . Family law, personal injury, tort law, bankruptcy, criminal law, and even estate planning all have one thing in common: They can bring out the worst in people. Even mild-mannered professionals can suddenly become rabid shells of their former selves when they need a lawyer. You see people at their worst, when they are filled with anxiety and fear about the system, getting on with their life, and their future.

. To provide the best law firm customer service, you must have a basic understanding of emotional intelligence and interpersonal communication. Those two skills can help you identify the emotions and feelings of your client so that you and your staff can respond with a professional level of empathy.

. You must take the time to bring them back to who they truly are. Occasionally take the time to touch base with your client to see how they are doing during the case. This one small action goes a very long way toward increasing client satisfaction.

208 Client Golden Rule

209 . Always request feedback . Ask your clients how you can improve, and request client reviews and endorsements online . Only work with the right clients . Don’t be afraid to turn away clients who aren’t right for you because they’re more likely to have a bad experience . Go above and beyond . Do little things to show your clients that you value their business, and that you Treat your care about them as people . Be a better listener clients like that . Sometimes, being a lawyer really means being a therapist, so show a little empathy when needed was you . Provide greater value . Figure out what your clients value most, and then focus most of your time on delivering that thing specifically . Use technology to your advantage . Services like ZenDesk and our own Lexicata can help make your clients’ lives easier when it counts . Above all, ALWAYS MAKE CUSTOMER SERVICE A PRIORITY!

210 . If you don’t do whatever it takes to serve your clients, someone else will be happy to… Be accessible and responsive. Respond to phone calls, emails and questions in a timely fashion so your clients know they are a top priority. Include contact information that is easy to find on your firm website and in email responses so clients can reach you easily. . Keep your clients informed. Share information pertaining to their businesses, even if it doesn’t directly relate to your billable legal work. Remember… . Establish a connection by taking an interest in a client’s personal life. Do little things to show your clients that you value their business and that you care about them as people. Identify what your clients value most, and focus your time on delivering that specifically. . Listen not only to what is said but what is not said to uncover potential issues and opportunities. Then provide thoughtful solutions.

211 Present and Future ‐ How

212 CHARM School - Start With Your Employees . Set your employees up for success by establishing clear expectations for how to interact with clients and train your employees properly so that they can do so. Deal with any issues that arise for employees so that you don’t have unhappy employees interacting with clients. . Hiring the right employees is also key. If an employee cannot connect with clients or empathize with them regarding their concerns, then they may not be the right person for the job. . How a client is greeted when they come in your office or how they are spoken to when they call with a question, goes a long way in setting the tone for their experience. . Give your team what they need to be successful.

213 8 Ways to Improve Your Law Firm’s Customer Service

1. Learn From Other Companies

2. Understand Life From the Perspective Of Your Client

3. Customer Service Starts with First Contact

4. Embrace the Details

5. Take the Time to Explain Your Policies to Your Clients

6. Call Clients Back within 24 Hours

7. Keep Clients in the Know

8. Embrace Technology

214 Tella ‐ Lawyer www.goldfinchwinslow.com

215 216 Under whose perspective do you operate?

217 It doesn’t matter how great of a lawyer you are if you don’t have any clients.

This Photo by Unknown Author is licensed under CC BY

218 USE Common Sense

219 . This isn't rocket science. Keeping clients satisfied just requires a bit of manners. . Be sure the person answering the phone and greeting guests is courteous and friendly. . Treat clients with respect at all times. . Be patient with a client's questions -- they didn't go to law school and they want to fully understand what is going on, and what their options are. . Keep them informed about what is going on in their case. . Return their call or respond to their email in a timely manner. Nothing is more frustrating to a client than not hearing back from their attorney. . Providing quality work is a given, but make sure to proofread as well. Client do not want to see spelling or other simple mistakes. . Above all, people want to feel valued. Ask yourself, "did my client feel valued when they left the office?" Better yet, ask the client that question. If the answer isn't "yes", time to make some changes.

220 . Be accessible and responsive. Respond to phone calls, emails and questions in a timely fashion so your clients know they are a top priority. Include contact information that is easy to find on your firm website and in email responses so clients can reach you easily. . Keep your clients informed. Share information pertaining to their businesses, even if it doesn’t directly relate to your billable legal work. . Establish a connection by taking an interest in a client’s personal life. Do little things to show your clients that you value their business and that you care about them as people. Identify what your clients value most, and focus your time on delivering that specifically. . Listen not only to what is said but what is not said to uncover potential issues and opportunities. Then provide thoughtful solutions. . Visit your clients. You will, no doubt, learn things in face-to-face visits that will provide you the context to provide better service. . Request feedback and ask your clients how you can improve your service.

221 One of the most powerful tools in building and sustaining Negotiation your practice is creating client loyalty.

How do you create loyalty?

222 223 Current Trends in Cyber Security

224 225 South Carolina Critical Infrastructure Cybersecurity Program

Why is Cybersecurity so important?

226 South Carolina Critical Infrastructure Cybersecurity Program

Why is Cybersecurity so important?

227 South Carolina Critical Infrastructure Cybersecurity Program

Why is Cybersecurity so important?

90% of new vehicles in the US will connect to the internet by 2023

By 2023, IDC predicts that nearly 70% of worldwide new light‐duty vehicles and trucks will be shipped with embedded connectivity. Likewise, IDC expects that nearly 90% of new vehicles in the United States will be shipped with embedded connectivity by 2023.

Like it or not, autonomous vehicles are coming. While exact numbers are difficult to determine, PricewaterhouseCooper estimates that the automotive industry spent around $46 billion on R&D of self‐driving cars in 2015 alone.

Existing automobiles are increasingly incorporating IoT features. From sensors that transmit usage and mechanical condition data to manufacturers and dispatchers to internet connectivity that facilitates better GPS and driver comfort, today’s vehicles offer as much connectivity as the modern home.

228 South Carolina Critical Infrastructure Cybersecurity Program

Why is Cybersecurity so important?

One million seconds is roughly equal to 11.5 days.

One billion seconds is roughly equal to 31.75 years.

In 2018, there were 22 billion IoT devices.

By 2030, that number will exceed 50 billion devices.

Every second, another 127 devices are connected to the internet

229 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

By 2021, cybercrimes will cost $6 trillion per year worldwide

The cost of cybercrimes will double in the next five years, up from $3 trillion in 2015, according to a report Cybersecurity Ventures.

This includes not only stolen money and ransom, but also the value of lost productivity and intellectual property, data theft, business disruption, reputational harm and more.

230 South Carolina Critical Infrastructure Cybersecurity Program

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Businesses experience ransomware attacks every 14 seconds

According to Kaspersky Lab businesses experienced a ransomware attack every 14 seconds in 2019 up from every 2 minutes just several years ago. This is expected to increase to every 11 seconds by 2021.

Currently, there are more than 4,000 ransomware attacks every day. ‐ FBI

231 South Carolina Critical Infrastructure Cybersecurity Program

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Email is the number #1 delivery vehicle for most malware and ransomware.

Verizon reports that users in the U.S open 30 percent of phishing all emails, with 12 percent of those targeted by these emails clicking on the infected links or attachments.

232 South Carolina Critical Infrastructure Cybersecurity Program

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Fake invoice messages are the #1 type of phishing email

Other tactics attackers have been adopting is disguising attachments as scanned documents being sent from office printers and copiers. Other popular disguises include email delivery failure messages, order and payment confirmations, and, more recently, highly specific flight confirmations.

233 South Carolina Critical Infrastructure Cybersecurity Program

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Since 2013 there are 3,809,448 records stolen from breaches every day.

That’s 158,727 per hour, 2,645 per minute and 44 every second of every day reports Cybersecurity Ventures.

234 South Carolina Critical Infrastructure Cybersecurity Program

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A small heating and air conditioning firm in Pennsylvania that worked with Target and had suffered its own breach via malware discovered in an email.

In that intrusion, the thieves managed to steal the virtual private network credentials that the firm’s technicians used to remotely connect to Target’s network.

Hackers used that initial foothold provided by the firm’s hack to push malicious software down to all of the cash registers at more than 1,800 stores nationwide.

235 South Carolina Critical Infrastructure Cybersecurity Program

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236 South Carolina Critical Infrastructure Cybersecurity Program

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Tewksbury Police Department has network files encrypted by ransomware.

Dickson County, TN Sheriff's Office has 72,000 case files held hostage by ransomware. They had to pay ransom.

237 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

Colorado DOT Incident

In February, 2018, Colorado DOT discovered that ransomware had struck all employee computers protected by McAfee anti‐virus software. To contain the damages, the Department also decide to take more than 2,000 computers offline.

“No one is back online. What we’re doing is working offline. The message I’m sharing (with employees) is CDOT operated for a long time without computers so we’ll use pen and paper”. – Amy Ford CDOT spokeswoman.

Six weeks after ransomware forced Colorado Department of Transportation’s back‐end operations offline, the agency is back to 80 percent functionality — at an estimated cost of up to $1.5 million, according to the state.

238 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

City of Atlanta Incident

Headline: “Atlanta is being held hostage by hackers”.

The Georgia capital with 8,000 employees was subject to a ransomware attack by the mysterious SamSam hacking crew on March 21, 2018. While city employees were finally able to use their computers on March 27th, police officers were still writing reports by hand, and city courts are closed. Residents can’t pay bills online or use Wi‐Fi at the airport.

Attackers demanded $51,000 worth of bitcoin. “We are dealing with a hostage situation,” said Mayor Keisha Lance Bottoms.

239 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

Georgia State Patrol

July, 2019 ‐ State officials say Georgia is recovering more rapidly than expected from a ransomware attack on the Georgia State Patrol (GSP) computer system.

The hack cost the GSP much of its ability to quickly communicate with troopers in the field and put a cyber scare into much of the rest of state government, but its reach isn’t as far as officials first feared.

240 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

Louisiana School Districts

July, 2019 ‐ Gov. Edwards declared a state of emergency after "severe, intentional security breaches" hit school computer systems in the Parishes of Oachita, Morehouse and Sabine. Phone systems were reportedly also disrupted.

241 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

242 South Carolina Critical Infrastructure Cybersecurity Program

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Closer to home…

In 2012 SC suffered one of the largest state level breaches in US history when the Department of Revenue was hit.

3.6 million taxpayer social security numbers 1.9 million dependent social security numbers 3.3 million credit card/bank accounts

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What’s the big deal about Cybersecurity?

244 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

Ransomware Payments

The average payment to release files spiked to $84,116 in the last quarter of 2019, more than double what it was the previous quarter, according to data from Coveware, another security firm. In the last month of 2019, that jumped to $190,946, with several organizations facing ransom demands in the millions of dollars.

245 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

246 South Carolina Critical Infrastructure Cybersecurity Program

What’s the big deal about Cybersecurity?

SECTION 39‐1‐90. Breach of security of business data; notification; definitions; penalties; exception as to certain banks and financial institutions; notice to Consumer Protection Division.

SC Department of Consumer Affairs If a business sends notice of a data security breach to 1,000 or more South Carolina residents at one time, the business must also notify the Department and the national credit reporting agencies. When sending notice to consumers, breached entities should include contact information for the Department so consumers may seek additional help from the Identity Theft Unit. When a business is required to notify the Department of a breach, the notice should include all of the following: • Date of the breach; • Date business became aware of the breach; • Date notice was/will be sent to affected consumers; • Method of consumer notification (i.e., direct mail, electronic mail, etc.) • Number of affected South Carolina consumers; • Content of the consumer notice (i.e., copy of the letter sent to consumers); and • Action taken to avoid future breaches.

https://consumer.sc.gov/identity‐theft‐unit/security‐breaches

247 South Carolina Critical Infrastructure Cybersecurity Program CLO Contact

S/SA Sean Fay Cyber Liaison Officer 803‐354‐0664 [email protected]

248 South Carolina Critical Infrastructure Cybersecurity Program

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