No Pamphlets In Court

A recent opinion from the South Carolina Advisory Committee on Standards of Judicial Conduct:

FACTS

A summary court judge has inquired as to the propriety of theSummary Court distributing of pamphlet regarding civil justice forcrime victims.  The pamphlet is published by the National Crime VictimBar Association, an affiliate of the National Center for Victims ofCrime, as indicated on the cover.  Two law firms are listed on the backcover, with an acknowledgment of their support.  The pamphlet’s purposeis to provide victims with a basic understanding of the civil justicesystem and explains how a victim can file a civil suit against thealleged perpetrators of a crime.

The inquiring judge also notes that when citizen-affiants come inthe office to sign courtesy summons warrants, they often make commentsabout just wanting to get their property back or monetaryreimbursement.  At that point, a staff member or magistrate routinelyadvises these citizens that the purpose of the warrant is criminalprosecution, not for the recovery of property or money.  Victims areprovided with Victim Impact Statements as required by statute and areadvised that they may ask the judge for restitution if the defendant isfound guilty.  They are also advised that they may file a civil suit,whether or not they pursue a criminal suit, or whether or not thedefendant in the criminal suit is found guilty.  The judge inquires asto the propriety of advising the citizen-affiants.

CONCLUSION

The Summary Court may not distribute a pamphlet on the civil justice system for crime victims.

The Summary Court may advise citizens-affiants of the availability of civil proceedings.

OPINION

Canon 2, Rule 501, SCACR, requires that a judge avoid the appearanceof impropriety.  Canon 3 requires that a judge perform the duties ofjudicial office impartially and diligently.  Canon 2B, Rule 501, SCACR,states that “[a] judge shall not lend the prestige of judicial officeto advance the private interests of the judge or others. . . .”

The pamphlet is published by a special interest group, with theassistance of two law firms in South Carolina.  The pamphlet advocatescivil justice for crime victims.  The Summary Court, however, issupposed to be an impartial forum for justice.  Thus, distribution ofthe pamphlet could create the appearance of partiality and impropriety.Furthermore, the Summary Court judge could appear to be advancing theprivate interest of others by distributing the pamphlet.

With regard to the verbal advice given to citizens-affiants, theSummary Court judge or other court employees may informcitizens-affiants of the differences between criminal and civilproceedings as set forth in the Facts section above, but must take carenot to encourage or show preference for either proceeding.

(Mike Frisch)