072220 SCJEO, JUD 9-2020

• Case Date: July 22, 2020
• Court: South Carolina

JUD 9-2020 Opinion No. 9-2020 South Carolina Judicial Ethics Opinion Advisory Committee On Standards of Judicial Conduct July 22, 2020           LETITIA H. VERDIN, CHAIR.          RE: Propriety of a Magistrate Court Judge employing a Berkeley County Detention Officer as constable to serve court papers on a part-time basis.          FACTS          A Magistrate Court Judge would like to hire an officer for a Berkeley County detention center as a constable to serve court papers for magistrate court civil cases. The detention officer would have no courtroom duties or office hours. The detention officer would not be required to appear or testify before any magistrate judges and does not participate in any bond court proceedings held at the detention center. The judge inquires as to whether hiring the officer is proper.          CONCLUSION          A Magistrate Court Judge may hire a Berkeley County detention officer as a constable to serve papers for magistrate court civil cases.          OPINION          In Opinion No. 14-2000, we considered the issue of whether a constable for the magistrate court could also be employed as a lake warden commissioned by the county sheriff. We noted that Article VI § 3 of the South Carolina Constitution states that "[n]o person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention." 1989 Act No. 9, § 2, eff February 8, 1989. Because constables are excluded from the dual office prohibition, there was no bar against acting as a constable and as a lake warden for the sheriff.          In Op. No. 14-2000, we also noted that “A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.” Rule 501, Canon 2, SCACR. However, we determined that the lake warden’s duties were separate from those of a constable and concluded that service as both would not create any impropriety or the appearance of impropriety.          The issue...