051319 SCJEO, JUD 6-2019

• Case Date: May 13, 2019
• Court: South Carolina

JUD 6-2019 Opinion No. 6-2019 South Carolina Judicial Ethics Opinion Advisory Committee On Standards of Judicial Conduct May 13, 2019           LETITIA H. VERDIN, CHAIR.          RE: Propriety of a family court judge, who is also the chief administrative judge, handling matters in which the lawyer or law firm representing the judge’s assistant appears.          FACTS          A family court judge who also serves as the chief administrative judge for the circuit, requests an opinion as to whether the judge is disqualified under a certain set of facts. The judge’s assistant has filed a domestic action in the county in which the judge serves. The assistant is represented by a lawyer whose law firm has the largest footprint on the court’s docket. The judge is aware of a previous opinion requiring the judge to disclose the firm’s representation of the judge’s assistant in other cases in which the firm appears, thereby giving other parties the opportunity to object or seek disqualification of the judge. However, the judge has some concerns regarding matters in which disclosure may not be possible.          As the chief administrative judge of the family court in that circuit, the judge is responsible for a great deal of administrative matters. For example, family court cases are subject to dismissal if they extend beyond 365 days. The judge routinely receives these dismissals (“365 dismissals”) from the clerk’s office that simply require the judge’s signature as chief administrative judge. However, if the assistant’s lawyer or law firm serves as counsel for one of the parties, the judge does not have the opportunity to make any disclosures to the other side before signing the 365 dismissal. Also, often times, pre-trial hearings, requests for extension of the 365 days, and waiver of mediation requests are scheduled for a hearing before the judge. In addition, family court judges also frequently receive requests to sign Rules to Show Cause, bench warrants, etc. Disclosure would not be feasible in these situations. The inquiring judge seeks guidance as to whether the judge may handle these matters where the lawyer or law firm for the judge’s assistant is...