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Clifton Newman

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The Honorable
Clifton Newman
Judge of Circuit Court of South Carolina
In office
May 24, 2000 – December 2023
Appointed bySouth Carolina General Assembly
Personal details
Born (1951-11-07) November 7, 1951 (age 73)
Kingstree, South Carolina
SpousePatricia Newman
Children4
Alma materCleveland State University (BA) Cleveland-Marshall College of Law (JD)

Clifton B. Newman (born November 7, 1951) is an American attorney and former at-large judge of the South Carolina Circuit Court. He served as a judge since his election by the state's general assembly in 2000. In 2021, he was reelected to a final fourth term and retired in December 2023. In his role as a circuit court judge he presided over several high-profile trials, including the trials of Michael Slager, Nathaniel Rowland, and Alex Murdaugh. He currently works for JAMS, a private arbitration association.

Early life

Newman was born in Kingstree, South Carolina, on November 7, 1951, to his parents Reverend Dr. Marion L. Newman, Sr. and Alice Singleton Newman.[1][2][3] Newman was the first member of his family to be born in a hospital. When Newman was three years old, his mother left his family in Greeleyville, South Carolina to work in New York as a domestic worker.[3]

In high school, Newman acted as an attorney in a dramatization of Briggs v. Elliott, a precursor to the landmark Brown v. Board of Education. Newman graduated from the then segregated high school, Williamsburg County Training School,[4] as valedictorian in 1969, where he was also student body president,[5] and attended Cleveland State University, where he served as president of the student government.[3] He received his Juris Doctor from Cleveland-Marshall College of Law.[2]

Attorney and assistant solicitor

After completing law school, Newman began his legal career in Cleveland, Ohio by forming a partnership known as Belcher & Newman in 1976. In 1982, Newman returned to South Carolina and opened a private practice with offices in Columbia and Manning. He relocated his office to his hometown of Kingstree shortly thereafter. His law partner in this practice was Ronnie A. Sabb. In July 1983, he was appointed as assistant solicitor for Williamsburg County, where he served for 17 years.[2][6][7]

During his time as a private practice attorney and solicitor, Newman handled litigation in hundreds of cases involving personal injury, wrongful death, and medical malpractice. In his role as assistant solicitor, Newman litigated approximately ten murder cases, four of which involved the death penalty.[8]

Newman was the prosecutor in a murder trial during which the defendant, Casey Lewis, attacked his own counsel and a deputy with homemade shanks, while attempting to attack Newman. After Newman successfully argued against a mistrial, Lewis pleaded guilty and was sentenced to 55 years in prison.[5][8][9][10]

Circuit court judge

In 2000, the South Carolina General Assembly unanimously elected Newman to circuit court judge at-large seat three, as the other candidates withdrew their candidacy.[11] South Carolina is one of two states in America where the legislature directly elects judges.[5] Newman was re-elected to this seat by acclamation three times.[12][13][14] His final term ended with his retirement in December 2023 because South Carolina law requires that judges retire in the same calendar year as their 72nd birthday.[15][16] As a judge, Newman oversaw several high-profile cases.

His first capital case involved Mikal Mahdi, a defendant accused of killing a public safety officer and then burning the victim's body. In this case, the defendant pleaded guilty and Newman retained responsibility for issuing the sentence. In his sentencing, he noted that Mahdi showed no remorse and lacked humanity.[3][17] Newman issued the death penalty and later remarked this sentencing was difficult for him because he did not agree with the death penalty.[3]

In 2015, he was the judge in the state trial of Michael Slager, the police officer accused in the killing of Walter Scott, which resulted in a mistrial.[18][19] He made the controversial decision to release Slager on a US$500,000 bond.[20][21] In this trial, he selected the single Black juror as the foreman.[3]

In 2018, Newman ordered that the South Carolina Statehouse corruption investigation grand jury report be released to the public.[22]

In 2021, Newman presided over the trial of Nathaniel Rowland, the defendant in the state's case related to the murder of Samantha Josephson.[23] Rowland was convicted and Newman issued a life sentence, noting that all of the evidence the state presented pointed to him.[24]

On September 28, 2021, South Carolina Supreme Court Chief Justice Donald W. Beatty issued an order assigning Newman jurisdiction in "criminal investigations concerning Richard Alexander Murdaugh" and "all pending and future criminal investigations concerning the deaths of Margaret Kennedy Branstetter Murdaugh, Paul Terry Murdaugh, Gloria Harriott Satterfield, and Stephen Nicholas Smith, including any criminal charges which may hereafter be brought by law enforcement or the prosecutor assigned to these matters."[25][26] In the murder trial of Alex Murdaugh, Newman denied a pre-trial joint motion request to seal proceedings, stating that "the public is entitled to know how justice is being administered."[27]

After reading the verdict, Judge Newman denied a defense motion for a directed verdict and mistrial by saying, "The evidence of guilt is overwhelming." He later told the jurors, "The circumstantial evidence, direct evidence — all of the evidence pointed to one conclusion, and that's the conclusion that you all reached." Newman later added that the jury had come to a "proper conclusion as they saw the law and facts."[28][29] Newman sentenced Murdaugh to two consecutive life sentences without the possibility of parole.[30][31]

On May 26, 2023, Newman issued a temporary restraining order blocking an abortion ban passed by the state legislature.[32]

As a judge, Newman selected African Americans law clerks helped to facilitate their potential future careers as lawyers and judges.[3]

In April 2024, several months after his mandatory retirement from the circuit court, JAMS, announced that he had joined the private arbitration firm.[33][34][35]

Newman as a business court judge

In 2007, South Carolina's Supreme Court created the South Carolina Business Court Pilot Program as a specialized business court docket within the Circuit Court, "to handle complex business, corporate, and commercial matters." The Business Court was made permanent in 2019.[36][37][38] Newman was appointed to the Business Court in 2010, and served for over a decade.[39][7][40]

Newman has had a significant national presence as a business court judge. He is a past president of the American College of Business Court Judges.[41] He served as co-chair of the American Bar Association's Judges Initiative Committee,[7] and was a co-author of The Business Courts Benchbook.[42] He was also a Business Court Representative to the American Bar Association's Business Law Section.[43]

Personal life

Newman resides in Columbia, South Carolina, with his wife Patricia.[4] Together, they have four children. Newman's daughter Jocelyn Newman is also a circuit court judge.[3] Newman's son Brian DeQuincey Newman was the youngest serving Columbia city councilman until his death by cardiac arrest on January 3, 2023.[44]

Newman is the nephew of civil rights activist Isaiah DeQuincey Newman,[3][2] the Reverend Omega Newman[45] and Bishop Ernest Newman.[46][5] He attends a local Methodist Church where he is chairperson of the administrative council.[2] As a hobby, he enjoys restoring houses and has received historical preservation awards for this work.[2][47]

Honors and Awards

• Coastal Carolina University awarded Newman the honorary degree Doctor of Public Service, and made him its 2024 commencement speaker (May 2024).[48][49]

• Honorary doctorate from South Carolina State University (2023).[50]

• Cleveland State University College of Law Hall of Fame (2023).[51]

• Chief Justice Ernest A. Finney, Jr., Trailblazer Award, South Carolina Black Lawyers Association (2023).[40]

• William H. Chandler Lifetime Achievement Award from the Williamsburg HomeTown Chamber (2023).[52]

• Pioneer for Justice for All Award, Williamsburg County Branch, NAACP (2023).[40]

• Clifton B. Newman Champion of Justice Award, Benedict College (2023).[40]

• Matthew J. Perry, Jr. Civility Award, from the Richland County Bar Association (2018).[53]

• North Carolina Association of Black Lawyers Award (2018).[40]

• Jurist of the Year, South Carolina American Board of Trial Advocates (2014).[54]

• Historical preservation awards for his work in restoring historic buildings in Kingstree and Columbia, South Carolina.[50]

• Valedictorian and student body president, Williamsburg County Training School in Greeleyville, South Carolina.[5][55]

Positions and memberships

Newman has held the following positions and memberships, among others:

• Chairperson, South Carolina Civil Rules Committee.[56]

• President, American College of Business Court Judges.[41]

• Co-chair, Judge's Initiative Committee, Business Law Section, American Bar Association.[7]

• Business Court Representative to the American Bar Association's Business Law Section.[43]

• Adjunct professor, University of South Carolina School of Law.[56]

• Member, South Carolina Chief Justice's Commission on the Profession.[56]

• Member, South Carolina Commission on Judicial Conduct.[56]

• Member, South Carolina Circuit Court Advisory Committee.[56]

• Member, South Carolina Judicial Council.[56]

• Executive Board of The I. DeQuincey Newman Institute for Peace and Social Change.[50]

References

  1. ^ staff, S. C. Lawyers Weekly (2001-08-28). "Clifton B. Newman | Judicial Profiles". Archived from the original on 2023-01-30. Retrieved 2023-01-30.
  2. ^ a b c d e f "Judge Clifton Newman". www.sccourts.org. Retrieved 2023-01-31.
  3. ^ a b c d e f g h i Hawes, Jennifer Berry (2 September 2022). "Murdaugh cases overseen by SC Judge Clifton Newman, who rose from segregated schools to bench". Post and Courier. Retrieved 2023-01-30.
  4. ^ a b Riddle, Lyn (2023-01-25). "Who is Clifton Newman? Meet the judge presiding over Alex Murdaugh's murder trial". The State. Retrieved 2022-01-31.
  5. ^ a b c d e Clay, Margaret (December 2023). "A Heart for Justice". Columbia Metropolitan Magazine. Retrieved 2024-07-31.
  6. ^ "Williamsburg attorney new assistant solicitor". The Item. July 8, 1983. p. 3. Retrieved January 30, 2023 – via Newspapers.com.
  7. ^ a b c d "American Bar Association, Business Law Section, Member Spotlight: An Interview with Judge Clifton Newman". September 28, 2017.
  8. ^ a b Public Hearings On Judicial Qualifications. 2000. (South Carolina General Assembly) The State House, Third Floor Senate Conference Room, Columbia, South Carolina. [1] Retrieved January 30, 2023.
  9. ^ "Man who cut lawyer gets 55-year term". The Sun News. June 25, 1999. p. 23. Retrieved February 1, 2023 – via Newspapers.com.
  10. ^ "Defendant slashes attorney, deputy in court". The Index-Journal. June 23, 1999. p. 23. Retrieved February 1, 2023 – via Newspapers.com.
  11. ^ "House Journal for May 24, 2000 – South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2023-01-31.
  12. ^ "South Carolina House Journal – April 9, 2003 – South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2023-01-31.
  13. ^ "House Journal for Feb. 11, 2009 – South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2023-01-31.
  14. ^ "House Journal for 2/3/2021 – South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2023-01-31.
  15. ^ Henry McMaster (June 7, 2004). "Untitled" (PDF). Letter to Honorable A. Victor Rawl. Attorney General of South Carolina. Retrieved February 28, 2023.
  16. ^ Livengood, Nichole (2024-01-01). "2023 is a wrap". Post and Courier. Retrieved 2024-01-05.
  17. ^ "23-year-old gets death for killing officer". The Times and Democrat. December 9, 2006. Retrieved January 31, 2023 – via Newspapers.com.
  18. ^ "Mistrial in South Carolina police killing of black man". www.aljazeera.com. Retrieved 2023-01-31.
  19. ^ Blinder, Alan (2016-12-05). "Mistrial for South Carolina Officer Who Shot Walter Scott". The New York Times. ISSN 0362-4331. Retrieved 2023-01-31.
  20. ^ "South Carolina Cop Who Killed Walter Scott Released on $500,000 Bond". NBC News. 5 January 2016. Retrieved 2023-01-31.
  21. ^ Knapp, Andrew (7 January 2016). "Divided activists protest Slager's release on bail". Post and Courier. Retrieved 2023-01-31.
  22. ^ Monk, John (2018-10-03). "SC judge: Release grand jury report on State House corruption to public". The State. Retrieved 2023-02-01.
  23. ^ Monk, John (2021-07-16). "'Straight out of a horror film': 'Fake Uber' murder trial of slain USC student to begin". The State. Retrieved 2023-01-31.
  24. ^ "Man gets life for killing woman who mistook his car for Uber". AP NEWS. 2021-07-27. Retrieved 2023-01-31.
  25. ^ Shore, Jake (2021-09-21). "SC Supreme Court assigns outside judge to oversee Alex Murdaugh criminal cases". The State. Retrieved 2023-01-31.
  26. ^ Noel, Melissa (March 6, 2023). "Black Excellence: Meet The Divine 9 Judge Who Rose From Segregated Schools To Presiding Over The Alex Murdaugh Trial". Essence Magazine. Retrieved June 1, 2023.
  27. ^ Jr, Michael M. DeWitt. "SC Judge denies gag order request in Alex Murdaugh murder case". The Greenville News. Retrieved 2023-01-31.
  28. ^ Layne, Nathan (2023-03-03). "South Carolina lawyer Alex Murdaugh found guilty of murdering wife and son". Reuters. Retrieved 2023-03-03.
  29. ^ Wilks, Avery; Moore, Thad; Grzeszczak, Jocelyn (2 March 2023). "Alex Murdaugh found guilty in June 2021 murders of wife Maggie, son Paul". Post and Courier. Retrieved 2023-03-03.
  30. ^ Bogel-Burroughs, Nicholas (2023-03-03). "Alex Murdaugh Sentenced to Life in Prison: Live Updates". The New York Times. ISSN 0362-4331. Retrieved 2023-03-03.
  31. ^ Jonathan Drew and, Michael Kunzelman (March 3, 2023). "Murdaugh judge's own legal story unfolded in South Carolina". The Associated Press. Retrieved March 4, 2023.
  32. ^ Thompson, Alexander (2023-05-26). "SC state judge blocks new 6-week abortion ban while legal challenge plays out". Post and Courier. Retrieved 2023-05-26.
  33. ^ Arnold, Madison (2024-03-26). "Judge From Murdaugh Financial Case Joins JAMS In Atlanta - Law360 Pulse". www.law360.com. Retrieved 2024-04-05.
  34. ^ McDermott, John (2024-04-04). "SC judge who oversaw Alex Murdaugh's double murder trial has a new legal gig". Post and Courier. Retrieved 2024-04-05.
  35. ^ "Murdaugh murder trial judge Clifton Newman takes major step in legal career. What to know". The Greenville News. Retrieved 2024-04-08.
  36. ^ "SC Judicial Branch". www.sccourts.org. Retrieved 2024-07-03.
  37. ^ "SC Judicial Branch". www.sccourts.org. Retrieved 2024-07-03.
  38. ^ "SC Judicial Branch". www.sccourts.org. Retrieved 2024-07-03.
  39. ^ Toal, Chief Justice Jean Hoefer. "Supreme Court of South Carolina Re: Designation of Business Court Judges, Order (August 19, 2010)".
  40. ^ a b c d e "Clifton Newman, JAMS Mediator and Arbitrator". www.jamsadr.com. Retrieved 2024-07-03.
  41. ^ a b "American College of Business Court Judges – Law & Economics Center". masonlec.org. Retrieved 2024-05-14.
  42. ^ Abrams, Jerome B.; Andler, Gail A.; Applebaum, Lee; Bach, Mitchell L.; Driscoll, Timothy S.; Johnston, Mary Miller; Newman, Clifton; Parsons, Jr., Donald F.; Slight III, Joseph R.; et al. (Christopher P. Yates) (2019). The Business Courts Benchbook. American Bar Association. pp. 1–25. ISBN 978-1-64105-540-6.
  43. ^ a b "American Bar Association, Business Law Section, Business Court Representatives".
  44. ^ Ellis, Sarah; Trainor, Chris (2023-01-05). "Former Columbia councilman, member of prominent SC law and civil rights family, dies at 40". The State. Retrieved 2023-01-31.
  45. ^ "Obituary text for Omega Franklin Newman, c. 1982, Page 1". digital.tcl.sc.edu. Retrieved 2024-07-31.
  46. ^ "First black UMC bishop in Southeast dies at 80". Dallas News. 2008-08-30. Retrieved 2024-07-31.
  47. ^ "Homes That Work". The State. August 21, 1994. Retrieved January 31, 2023 – via Newspapers.com.
  48. ^ "Judge Clifton Newman delivers keynote and receives honorary degree". The Post and Courier. May 10, 2024. Retrieved May 11, 2024.
  49. ^ "Coastal Carolina University, Spring Commencement Program". May 2, 2024.
  50. ^ a b c "South Carolina State University awards four honorary degrees". Carolina Panorama Newspaper. 2023-12-20. Retrieved 2024-07-31.
  51. ^ "Judge Clifton Newman Addresses 300-plus at CSU College of Law | Cleveland State University". www.csuohio.edu. Retrieved 2024-07-31.
  52. ^ Kausler Jr., Don (2023-03-08). "Chamber honors His Honor: 'Rock star' Judge Clifton Newman gets top award at banquet". Post and Courier. Retrieved 2024-07-31.
  53. ^ "2018 Annual Awards Honorees" (PDF). Richbarnews: 7. January 2019.
  54. ^ Montgomery Ph.D., Warner M. (2015-02-06). "New ABOTA members sworn in - Columbia Star". Columbia Star - Columbia's locally owned weekly newspaper since 1963. Retrieved 2024-07-31.
  55. ^ "SC African American History Calendar: May Honoree - Clifton B. Newman | Stories | April 30, 2024 | South Carolina ETV". www.scetv.org. Retrieved 2024-07-31.
  56. ^ a b c d e f "Clifton Newman S.C. Circuit Court, South Carolina Bar, CLE SCBAR, Faculty Directory, Faculty Profile". cle.scbar.org. Retrieved 2024-07-31.
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