110419 SCJEO, JUD 16-2019

• Case Date: November 04, 2019
• Court: South Carolina

JUD 16-2019 Opinion No. 16-2019 South Carolina Judicial Ethics Opinion Advisory Committee on Standards of Judicial Conduct November 4, 2019           LETITIA H. VERDIN, CHAIR.          RE: Propriety of a family court judge testifying as a witness in an out-of-state hearing for the judge’s friend in a custody/relocation action.          FACTS          A family court judge inquires into the propriety of appearing (via telephone) as witness in an out-of-state proceeding. A personal friend of the judge’s is seeking to move to South Carolina with her daughter, but must seek the court’s permission to relocate.          CONCLUSION          A family court judge should not appear as a witness for a friend in a custody/relocation hearing.          OPINION          Canon 2B states that a judge “shall not testify voluntarily as a character witness.” The commentary to that section states: “A judge must avoid lending the prestige of judicial office for the advancement of the private interests of others. For example, a judge must not use the judge's judicial position to gain advantage in a civil suit involving a member of the judge's family.” We think this Canon applies to a situation in which the judge would be testifying for a friend in custody/relocation matter, even if that matter is out of state. We recognized that in a previous decision, we found that a part-time judge who also practiced real estate law could serve as an expert witness in a case concerning mobile home closing practices. Op. No. 16-2001. However, that opinion can be distinguished from the inquiry here. In 16-2001, we found...