Judge’s Dating Ethics
A recent opinion of the South Carolina advisory Committee on Standards of Judicial Conduct
OPINION NO. 14 – 2018
RE: Propriety of a circuit court judge having a personal relationship with an employee of the Solicitor’s office.
FACTS
A circuit court judge has begun dating someone who is employed by the circuit solicitor’s office. The employee is not a lawyer in the Solicitor’s office but is a member of the support staff. The employee’s duties are restricted to one county and include receiving warrants and discovery from law enforcement agencies, as well as victims’ claims and statements, and organizing the information into files on a computer system which then is sent to the assigned solicitor for his or her use in preparing indictments. The employee also communicates via phone, electronic and regular mail with the defense lawyers for discovery and scheduling of appearance, pleas, motions, or trials.
The judge inquires as to whether the judge may hear General Sessions cases within that circuit, including the county where this employee works. The judge also inquires as to whether, if there is any conflict, such conflict can be waived by the parties upon disclosure by the judge of the personal relationship.
CONCLUSION
A circuit court judge may engage in a personal relationship with an employee of the Solicitor’s office, whose duties are primarily scheduling and computer management, provided that certain disclosures are made in General Sessions cases in the county in which the employee works.
Conclusion
the inquiring judge here should disclose the judge’s personal relationship with the employee of the Solicitor’s office, but need only make this disclosure in the General Sessions cases in the county for which the employee is responsible. No such disclosure is needed for the General Sessions cases in other counties in the Solicitor’s circuit. As in the prior opinion, if the judge’s disclosure results in frequent disqualifications, the judge may need to reassess the relationship at that time.
(Mike Frisch)