Disciplinary opinions
In disciplinary opinions issued February 8, the S.C. Supreme Court sanctioned two magistrates in unrelated matters.
Greenville magistrate James Hudson was given a 90 day definite suspension (backdated to the beginning of his interim suspension, which was more than 90 days ago), for not ensuring that the office account was properly reconciled. Seems rather harsh, given that the opinion indicates that he did not realize there was a problem at first and when he did see the problem he 1) took steps to correct it and 2) reported himself and asked for an investigation. The ethics violation essentially was for not being diligent in managing his office and not adequately supervising his staff - there are standing Orders on Financial Accounting from the Supreme Court that detail what is required, and the magistrate was not complying with them.
On the other hand, former Lee County magistrate Alston Wesley Woodham was given a public reprimand for fixing tickets - he was approaching officers ex parte to get them to nolle prosse (dismiss) tickets that were written for weight violations on county vehicles at the Lee County Landfill.
Woodham admitted that he was contacted by a state legislator on multiple occasions, and by county officials, who asked him to fix tickets written at the landfill for weight violations, and that the judge then would contact the officers and ask them to dismiss the tickets.
Ticket-fixing constitutes improper ex parte communication and severely undermines the public's confidence in a fair and impartial judicial system. Accordingly, again we emphasize that it is improper for a magistrate to engage in ex parte communications concerning any pending or impending judicial proceeding with an officer, alleged violator, or any third party, including a member of the legislature.
A public reprimand sounds like a slap on the wrist for a judge who is engaging in ex parte communications and conduct that "severely undermines the public's confidence" in the judicial system," but - Woodham is no longer a judge, and the Court also ordered that he will not be a judge in S.C. without written authorization from the Court after notice in writing to the Office of Disciplinary Counsel.
