Most South Carolinians believe that the States Judicial System is as we see on television, “Guilty Until Proven Innocent” and that factual evidence is used in these cases. For the most part, they are right, but below the surface of the Sourh Carolina Judicial System is a buddy system that is used more often than one thinks. The buddy system is seen more in the Family Court Industry than in regular criminal courts within the state. This shadow system’s tentacles reach from Law Enforcement agencies all the way to the offices of legislators.
So what is this system and how does it work?
The most common scene is an attorney reaching out to a friend (who is a Judge or other court official) and asking them to sign an order or motion in their favor.
To make this look legal there usually is held what is called an “Ex Parte Hearing”, which is most commonly known as an “ambush” hearing. Ex Parte hearings are meant to be for extreme emergencies or general scheduling issues, NOT for actual hearings on matters involved in a case.
For example, An attorney would like to get their hands on someone’s medical records (which are protected by HIPPAA Laws (laws governing a person’s medical information). They would simply file a motion with the court requesting the court force this information to be released to them. Then an Ex Parte hearing is held ( a hearing done with respect to or in the interests of one side only or of an interested outside party), usually with only the attorney who is requesting this information being present, or in many cases without the other side even being informed. The judge listens to their friend and signs the order granting their request. Done.
But this is only the basic practice of this Shadow Judicial System.
The fact that Lawyers such as Senator Luke Rankin from Horry County gets to pick who becomes a Judge clearly violates the ethical confines of the Judicial System, as most Judges will not bite the hands that feeds them.
South Carolina is one of two States where Legislator/Attorneys pick who becomes a Judge, by a Judicial Merit Selection Commission, JMSC.
The majority of the commission are practicing attorneys who are also legislators. For years this system has been questioned and has come under serious scrutiny.
This commission also is responsible for interviewing and re-qualifing already sitting Judges, such as Judge At Large Monet Pincus, whose disqualifications were swept under the rug by this commission.
Weather this was done by a favor or to avoid her cases from coming under question, has never been stated. However, this commission did fail to inform both the House of Representatives and the Senate of the detailed objections by individuals who attended the re-confirmation hearing in their report and the evidence that was presented.
Some lawyers just seem to be extremely lucky, such as Senator Rankin who brags of his 99% success rate in court. Others, seem to win their cases even before a hearing is held. While still others can get their clients in a courtroom in front of a Judge on Sundays for bond.
Other example cases are seen when a Defendence Attorney is appointed by the courts (not from the Public Defender Office), and who has no experience in the case issue. Such as a parent who is given a lawyer who practices tax law in a Department of Social Service case.
These are all real time occurrences in the South Carolina Judicial System.
Individuals who have spoken out about these issues have been incarcerated, threatened and even fined large amounts of money.
Some favors have even reached out to Law Enforcement Agencies for illegal search warrents or simply to harrass an individual.
All this begs to ask the question, “DOES SOUTH CAROLINA’S LEGAL SYSTEM NEED A MAJOR OVERHAUL?”
Such as facts and evidence are hardly ever required in this judicial system, a good word from an attorney or a law enforcement officer is all it takes. “POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY”
This being stated, there are good Attorney/Legislators who are trying to change the system from within and protect our Civil Rights and Civil Liberties. But these individuals are few and far between in places that are needed and held to the back of the line.
In a Society that is torn apart by mistrust of officials and political agendas, it is clear that we once again face uncertainty as a State, as a Nation and as Individuals.
I’ve read 2 of your articles. I can show you proof of corruption in Greenville County Probate Court. I have an open case with the S.C. office of Disciplinary Counsel that has been under investigation for almost 18 months. I spoke with S.C.O.D.C. 05/31/2024 and confirmed the investigation is still active. The D.O.J. really needs to come in to Greenville and thoroughly investigate the rampant corruption. I would love to show you some of the evidence I have, which includes transcripts, police reports, and court documents.