Promoting Confidence In The Courts

The South Carolina Supreme Court has created an independennt committee to investigate complaints against its justices

The regulation of lawyer and judicial conduct “is critical to preserving the integrity” of the legal profession and judiciary and the enhancement of “public confidence in the judicial system.” Rules 413 and 502 of the South Carolina Appellate Court Rules (SCACR). The Office of Disciplinary Counsel (ODC) is responsible for processing, investigating and prosecuting complaints of ethical misconduct or incapacity against lawyers and members of the judiciary, including Justices on the Supreme Court. The ODC operates under the authority of, and answers to, the Chief Justice and the Supreme Court. In the judgment of this Court, it is inappropriate for the ODC to handle complaints of ethical misconduct or incapacity against sitting Justices on the Supreme Court. A justice system with integrity must not only be fair, it must avoid the appearance of impropriety.

Accordingly, pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution, any complaint of ethical misconduct, or any allegation of incapacity or inability to participate or defend under Rule 28, of the Rules for Judicial Disciplinary Enforcement (RJDE) contained in Rule 502, SCACR, against or regarding a sitting Justice of the Supreme Court shall be assigned to a committee of lawyers who are independent and not employed by the Judicial Branch. This committee shall perform all duties normally performed by ODC in judicial disciplinary matters under the RJDE. It shall make its decisions by majority vote and a quorum of the committee shall be three members. The chair or vice-chair may sign notices of investigation, subpoenas, recommendations, formal charges, agreements for discipline by consent, briefs or any other document on behalf of the committee.

(Mike Frisch)