A New Sheriff In Town

The South Carolina Supreme Court publicly reprimanded a Magistrate

On May 18, 2011, respondent was appointed a magistrate. At the time, respondent’s husband had retired from the South Carolina Law Enforcement Division and he did not hold any political offices. Respondent’s husband later ran for and was elected Sheriff of Chester County.

South Carolina Court Administration forwarded a spreadsheet to ODC which indicated that, between July 1, 2013, and sometime in April of 2015, respondent’s “judge code” was entered as having handled numerous traffic citations, arrest warrants, and bond hearings in Chester County Sheriff’s Department cases. A total of 101 cases were identified with respondent’s “judge code.” In response to this information, Court Administration went to the Chester County Magistrate’s Office and obtained a sampling of cases which corroborated respondent’s involvement in cases involving the Chester County Sheriff’s Department.

In mitigation, respondent states she attempted to follow the remittal of disqualification process on many of the matters, but now recognizes she did so incorrectly after having reviewed Section 3F of Canon 3 of the Code of Judicial Conduct, Rule 501, SCACR, with ODC. Respondent asserts she thought that she was complying with the remittal requirements by announcing her conflict before court and proceeding when no objections were voiced. She now recognizes that remittal requires that the disclosure be made on the record to each defendant, that each defendant be given time to consider the matter with counsel, and that the defendant’s decision on the matter be placed on the record.

Respondent also incorrectly believed that when defendants requested she take their plea and/or knew her connection with the Sheriff’s Department that the conflict was waived and she could take the plea. Respondent now recognizes that in these situations she was required to comply with the requirements of Section 3F of Canon 3. Respondent submits that she will comply with Section 3F at all times in the future.

In one instance, respondent mistakenly conducted a jury trial thinking that she could preside over the trial since the jury would decide the matter. Respondent now recognizes she must comply with Section 3F of Canon 3 in all jury trials.

(Mike Frisch)

In mitigation, respondent offers that no parties complained about the bonds that she set or the disposition of matters in question. ODC confirms it has received no complaints from the defendants in question.