Say Uncle

The South Carolina Advisory Committee on Judicial Conduct has issued an opinion concluding that a judge may not preside over criminal cases when his uncle by marriage is the chief of police. The inquiry came from a municipal judge considering whether to appoint a particular candidate to a municipal judgeship. The committee concluded:

Canon 2 of the Code of Judicial Conduct requires that a judge “act atall times in a manner that promotes public confidence in the integrityand impartiality of the judiciary.” Rule 501, SCACR. Furthermore, Canon3.E(1)(d), SCACR Rule 501 requires a judge to disqualify himself orherself if a person within the third degree of relationship or thespouse of such person is a party to the proceeding, acts as a lawyer tothe proceeding, or is a material witness to the proceeding. The Codedefines a person “within the third degree of relationship” as a“great-grandparent, grandparent, parent, uncle, aunt, brother, sister,child, grandchild, great-grandchild, nephew or niece.” Rule 501,Terminology (emphasis added).

The fact that the uncle ofcandidate for municipal judge is the chief of police who prosecutescases in municipal court would require the judge to disqualify himselfor herself from such cases. Repeated disqualification would render thejudge unable to perform the duties of judicial office.

(Mike Frisch)