The Bondsman’s Unrequited Toil

An opinion of the South Carolina Advisory Committee on Standards of Judicial Conduct

FACTS

A full-time municipal judge is seeking to hire a part-time associate municipal judge. The part-time judge would set bonds, issue warrants, release prisoners from custody, accept fine payments, etc. The candidate for the position has a brother who is a bondsman in the same municipality. The inquiring judge seeks an opinion as to whether this familial relationship would create a conflict that violates the Code of Judicial Conduct.

CONCLUSION

A conflict of interest is created when a part-time judge who issues warrants and sets bonds has a brother that acts as a bondsman in the same municipality. At the very least, an appearance of impropriety arises.

(Mike Frisch)