Brother Conflicts Explored

The South Carolina Advisory Committee on Standards of Judicial Conduct opines on a conflicts issue

FACTS

A circuit court judge, whose brother is an assistant public defender, inquires into the propriety of serving over criminal cases in which the public defender’s office appears. The judge understands that the judge cannot preside over any case in which the judge’s brother appears. However, the judge inquires into the propriety of presiding over criminal matters in which other members of the public defender’s office appear as counsel. The judge also inquires as to the possible scenario in which the judge is the only one available and one of the brother’s clients is in jail, but wants to plead guilty to a time served offer. The judge inquires as to whether, if the Solicitor and Public Defender waive any conflict, the judge could preside over such a plea.

CONCLUSION

A circuit court judge may preside in criminal matters where the judge’s brother is employed by the public defender’s office, provided that the judge’s brother is not involved in any way in the case being heard or in a companion case that could be affected by the judge’s rulings. A circuit court judge may preside over a guilty plea for time served for a client of judge’s brother only if both sides waive disqualification or if essential under the rule of necessity.

(Mike Frisch)