In re Richland County Magistrate Stocker

608 S.E.2d 865, 362 S.C. 486, 2005 S.C. LEXIS 36
CourtSupreme Court of South Carolina
DecidedFebruary 7, 2005
DocketNo. 25938
StatusPublished

This text of 608 S.E.2d 865 (In re Richland County Magistrate Stocker) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Richland County Magistrate Stocker, 608 S.E.2d 865, 362 S.C. 486, 2005 S.C. LEXIS 36 (S.C. 2005).

Opinion

PER CURIAM:

In this judicial disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into two Agreements for Discipline by Consent pursuant to Rule 21, RJDE, Rule 502, SCACR. In Agreement # 1, respondent admits misconduct and consents to the imposition of a letter of caution, admonition, or public reprimand pursuant to Rule 7(b), RJDE, Rule 502, SCACR. We accept Agreement # 1 and impose a public reprimand. In Agreement # 2, respondent admits misconduct and consents to the imposition of an admonition, public reprimand, or a definite suspension not to exceed thirty (30) days pursuant to Rule 7(b), RJDE, Rule 502, SCACR. We accept Agreement # 2 and impose a definite suspension of thirty (30) days. The facts as set forth in the Agreements are as follows.

FACTS

AGREEMENT # 1

I.

Respondent is a Richland County Magistrate. Plaintiff A filed a civil complaint in respondent’s magisterial office on January 12, 2001. She alleges she was advised by the receptionist at respondent’s office that trial would be in about three or four weeks and that she would be notified by mail.

Plaintiff A alleges she contacted respondent’s office in mid-February and was told the defendant had been served on January 19, 2001, that a hearing would be scheduled within two weeks, and that she would receive a letter soon. Plaintiff A alleges she called respondent’s office in March and left a message that was not returned. Plaintiff A alleges she called respondent’s office again in April, was told respondent was busy “filling in for other judges downtown,” that he would be [488]*488back to his regular schedule soon, and she would hear something shortly.

On August 29, 2001, Plaintiff A complained by letter to the Chief Magistrate about respondent’s failure to set the matter for trial and respondent’s lack of response to her inquiries. In the letter, respondent asked to transfer the matter to another magistrate or for a refund of her $55.00 filing fee if transfer to another magistrate could not be arranged.

The Chief Magistrate contacted respondent about Plaintiff A. Respondent discovered that Plaintiff A’s complaint was inadvertently marked by court staff to indicate that the defendant requested a jury trial and the complaint was thereafter placed in the jury trial cabinet to await its turn for placement on the jury docket. Respondent also represents that, at that time, cases placed on the jury roster generally took eighteen months to reach a trial, which was the cause of the delay in Plaintiff A’s case.

Respondent further explains that none of his office staff remember receiving any inquiries from Plaintiff A and that he was not made aware of Plaintiff A’s communications, if any were made as she alleges. While respondent cannot confirm the representations made by Plaintiff A, for purposes of Agreement # 1, they are not contested.

Plaintiff A’s matter was subsequently assigned to another magistrate and has been resolved.

II.

In October 2000, Ronald L. Hall, Esquire, filed a complaint in respondent’s court on behalf of Plaintiff B against Defendant B concerning a $2,250.00 check Defendant B wrote to a third party and which the third party subsequently signed over to Plaintiff B. According to the complaint, the check was returned for insufficient funds.

By January 2001, Mr. Hall had not heard anything further about the matter and contacted respondent’s office by letter dated January 8, 2001, but received no response. In February 2001, Mr. Hall was informed that the file may have been misplaced in respondent’s office; Mr. Hall mailed respondent another copy of the Summons and Complaint. Respondent [489]*489represents to ODC that the Sheriffs Department lost the paperwork after it was sent to be served.

By letter dated March 19, 2001, respondent made further inquiry about the status of the case. Respondent executed another Summons dated March 30, 2001.

Defendant B was served on April 6, 2001, and, according to respondent’s files, filed an Answer on April 30, 2001, alleging the check was returned in error and that a replacement check was issued to Plaintiff B. Defendant B’s Answer was not served on Mr. Hall.

On May 8, 2001, Mr. Hall wrote respondent stating he had been informed by his client that the matter might be set for a hearing on the merits around June 1, 2001. A bench trial was held on June 15, 2001. At the hearing, Mr. Hall was not aware that Defendant B had answered and he objected to Defendant B being allowed to contest the case on the merits. After hearing the evidence, which included that Defendant B issued a replacement check and that Plaintiff B had negotiated both checks, respondent took the matter under advisement.

In June and July, Mr. Hall inquired about when respondent would issue a ruling. Mr. Hall’s letter of July 16, 2001, states: “I do note that we never received a copy of the Answer of [Defendant B]; and therefore presumed he was in default. If this is incorrect, I would appreciate receiving a copy of [Defendant B’s] Answer for my file.” Respondent did not answer this correspondence. Respondent states it is his recollection that Mr. Hall was shown Defendant B’s Answer during the hearing on June 15, 2001.

Mr. Hall wrote respondent on August 8, 2001, stating he understood from contacts with respondent’s office that respondent’s busy schedule had kept him from ruling on this matter. Mr. Hall included a proposed transcript of judgment. Respondent did not answer this correspondence.

On September 10, 2001, Mr. Hall complained to Chief Magistrate Womble about respondent’s handling of this case. Judge Womble contacted respondent by telephone. The same day, respondent issued a ruling in favor of Defendant B.

Mr. Hall alleged in his complaint to ODC that the ruling in favor of Defendant B appeared to be retaliation against him [490]*490for complaining to the Chief Magistrate. Respondent represented to ODC that his ruling had actually been prepared in July, but had not been published, and that Judge Womble’s call reminded him of the ruling. Respondent denied his ruling was issued in retaliation for Mr. Hall’s complaint.

Mr. Hall appealed respondent’s ruling to the circuit court. As of March 1, 2002, respondent had not submitted a return. On March 2, 2002, Judge Manning issued an order stating respondent had thirty (30) days to submit a return or provide the tape recording of the proceedings to Mr. Hall for transcription. If the return was not prepared within thirty (30) days, the case would be remanded to the Chief Magistrate to determine whether a new trial would be necessary.

The tape of the proceedings in Magistrate’s Court was unavailable. Respondent states it was re-used in the normal course of court activity.

The matter was ultimately remanded back to the Chief Magistrate. A new trial was held and judgment for Plaintiff B was entered.

Respondent explains he did not respond to Mr. Hall’s correspondence because it was placed directly in the file by his staff. He has corrected his office practices to ensure that all correspondence comes to his desk before being placed in the file.

AGREEMENT # 2

On the evening of Saturday, April 14, 2001, Defendant C allegedly struck Victim in the head with a handgun while the Victim was visiting Defendant C’s residence.

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Bluebook (online)
608 S.E.2d 865, 362 S.C. 486, 2005 S.C. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richland-county-magistrate-stocker-sc-2005.