Facebooking Judge Suspended

A judge’s Facebook proclivity has led to a six-month suspension by the South Carolina Supreme Court.

An estate was opened in Oconee County for the estate of Z.H. Z.H.’s parents had filed a wrongful death suit on behalf of the estate against the Seneca Police Department. The case was settled with the family for the sum of $2,150,000. Due to the public nature of the case, the settlement received extensive press coverage. 

Despite the matter being before the probate court for administration of the estate, respondent expressed his opinion about the settlement on Facebook posting: “In the end it’s all about the money. Always. Unfortunately, I see it EVERYDAY.” Respondent later added: “Once ck is in hand, they’ll disappear.”

A review of respondent’s Facebook account revealed that he has made extensive political posts, including ones in which he appears to endorse the presidential candidacy of one candidate. A review of respondent’s Facebook account further revealed a post in which he engaged in fundraising for a local church. Respondent’s Facebook account identifies himself as the probate court judge for Oconee County and the account, along with all of respondent’s posts, were accessible to all members of Facebook.

Respondent greatly regrets his conduct with regard to the estate of Z.H. matter and is sorry for any distress that it may have caused Z.H.’s family. Respondent recognizes that, while he did not mention the estate of Z.H. by name on Facebook, it was inappropriate for him to make the statements as it would be clear in the community to what he was referring. Respondent also recognizes that it was inappropriate for him to make political posts and to post information about a fundraiser for a local church.

Respondent has now removed reference to himself as a judge on his Facebook page. He submits that he is deeply embarrassed about the matter and seeks to assure the Court that, in the future, he will not make reference to anything involving his court and will refrain from making political posts or posting fundraising information on Facebook or any other social media. Respondent is extremely proud of the Oconee County Probate Court and wants to assure the Supreme Court that he will do nothing further that could damage the reputation of the probate court.

Sanction

We find respondent’s misconduct warrants a six (6) month suspension from judicial duties, retroactive to April 12, 2016, the date of his interim suspension. We therefore accept the Agreement for Discipline by Consent and suspend respondent from office for six (6) months.

(Mike Frisch)