Could a suspended South Carolina magistrate ask the Supreme Court to reconsider interim suspension in 2005?

Plain-English summary

In 2005, the Attorney General answered a senator’s questions about interim suspension of a magistrate by quoting the Rules for Judicial Disciplinary Enforcement. He said Rule 17 allowed suspension pending a final determination in a proceeding and allowed a suspended judge to apply to the South Carolina Supreme Court for reconsideration. The rule quoted in the letter required a copy of the motion to be filed with the commission and served on disciplinary counsel; the AG identified no particular filing deadline in it.

The AG declined to interpret the rules beyond their text for any particular situation or investigation, explaining that construing those judicial rules was within the state Supreme Court’s authority.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a magistrate be suspended before a disciplinary case ended?
The AG quoted Rule 17(b), which allowed interim suspension pending a final determination when the court received sufficient evidence of the specified threat.

Could the magistrate request reconsideration?
Yes. The AG quoted Rule 17(d) allowing an application to the Supreme Court and requiring notice to the commission and disciplinary counsel.

Did the AG decide whether an investigation was ongoing in the particular case?
No. He declined to interpret the rules for a particular situation and pointed to the rule’s pending-final-determination language.

Background and statutory framework

The senator asked about the effect of interim suspension and possible reinstatement. The AG confined his response to the quoted judicial discipline rule and expressly left case-specific interpretation to the Supreme Court.

Citations and references

• Rule 17(b) and Rule 17(d), Rules for Judicial Disciplinary Enforcement: interim suspension and reconsideration provisions quoted in the opinion.

Official title

Regarding a magistrate being placed on interim suspension pursuant to Rule 17(b) of Rule 502, Rules for Judicial Disciplinary Enforcement.

Requester

The Honorable Glenn G. Reese, Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-11-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05jan11-Reese.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McM.AsTER
A1TORNEY GENERAL

January 11, 2005

The Honorable Glenn G. Reese
Senator, District No. 11
P. 0. Box 142
Columbia, South Carolina 29202
Dear Senator Reese:
In a Jetter to this office you raised questions regarding a magistrate being placed on interim suspension pursuant to Rule 17(b) of Rule 502, Rules for Judicial Disciplinary Enforcement. Inasmuch as your questions ask for a construction of the referenced Rules for Judicial Disciplinary Enforcement, a matter within the authority ofthe State Supreme Court, it would be inappropriate for this office to comment further beyond the Rules themselves as to any particular situation or particular investigation.

As to your question regarding whether when a magistrate is placed on interim suspension, is an investigation ongoing, enclosed is a copy of Rule 17 which details the matter of interim suspension of a judge. Subsection (b) states that:

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Other Misconduct or Incapacity. Upon receipt of sufficient evidence demonstrating that a judge poses a substantial threat of serious harm to the public or to the administration of justice, the Supreme Court may suspend the judge or transfer the judge to incapacity inactive status pending a final determination in any proceeding under these rules. (emphasis added).

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Therefore, the magistrate may be suspended pending a final determination of any proceeding. As to your question regarding whether during an interim suspension, may a magistrate ask for reinstatement, subsection (d) of Rule 17 states:

Motion for Reconsideration. A judge placed on interim suspension or transferred to incapacity inactive status may apply to the Supreme Court for reconsideration of the order. A copy of the motion shall be filed with the Commission and served on the disciplinary counsel. (emphasis added).

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\~~~DENNIS BU!LOINO • Posr OFFICE Box 11549 • COLUMBIA, s.c. 29211 ·1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

The Honorable Glenn G. Reese
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January 11, 2005

Therefore, the magistrate may ask for reconsideration if placed on interim suspension status. No reference is made to any particular time frame to seek reconsideration. With kind regards, I am, Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General