Calling Broderick Crawford

The South Carolina Advisory Committee on Judicial Conduct has opined that a magistrate judge is not disqualified under these circumstances

A magistrate judge is married to a state highway patrol officer who works in the same county as the magistrate’s court. The highway patrol officer is not a supervisor. The magistrate would not hear any cases in which the magistrate’s spouse is the case agent or a witness. However, the judge inquires as to whether there is any impropriety with hearing cases involving other members of the highway patrol.

Reasoning

the Committee is of the opinion that the judge may continue to preside over tickets/matters involving the state highway patrol even though the judge is married to a member of the state highway patrol. Of course, the judge may not preside in any matter in which the judge’s spouse is a witness or the case agent.

However, if a party seeks disqualification of the judge based on the judge’s spousal relationship with a member of the highway patrol, the judge must consider whether presiding over the case individually involving the highway patrol would create the appearance of impropriety. If the recusals or requests for disqualification create an administrative burden such that the judge is unable to properly perform judicial duties, then the judge should no longer remain on the bench.

(Mike Frisch)