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In re Former Florence County Magistrate White

Citations: 371 S.C. 39; 637 S.E.2d 563; 2006 S.C. LEXIS 365Docket: No. 26221

Court: Supreme Court of South Carolina; November 12, 2006; South Carolina; State Supreme Court

Narrative Opinion Summary

This case involves disciplinary proceedings against a former magistrate who admitted to purchasing and using cocaine from a relative, citing personal distress as a coping mechanism. The conduct constituted a breach of several judicial conduct canons, including failing to maintain the integrity and impartiality required of the judiciary, and prioritizing personal activities over judicial duties. Additionally, the respondent used her judicial position to obtain favorable treatment for individuals, further violating ethical standards. Following her arrest on charges of misconduct and malfeasance in office, she resigned, which was accepted by the Governor. The Office of Disciplinary Counsel and the respondent reached an Agreement for Discipline by Consent, which the Court approved, resulting in a public reprimand. This was the maximum sanction possible due to the respondent's resignation. Furthermore, the Court prohibited her from applying for or accepting any judicial office in the state without prior written consent from the Court, following notification to the Office of Disciplinary Counsel. The Justices of the Court were unanimous in their concurrence with this disciplinary measure.

Legal Issues Addressed

Abuse of Judicial Position

Application: The respondent used her judicial position to secure favorable treatment for others, thereby violating ethical standards.

Reasoning: The respondent also acknowledged using her judicial position to secure favorable treatment for others, including at least one relative.

Disciplinary Action for Judicial Misconduct

Application: The Court imposed a public reprimand as the most severe sanction since the respondent had resigned, and restricted future judicial employment without Court approval.

Reasoning: The Court accepted the Agreement for Discipline by Consent, imposing a public reprimand as the most severe sanction available since the respondent no longer holds judicial office.

Judicial Misconduct and Malfeasance

Application: The respondent, a former magistrate, admitted to engaging in misconduct by purchasing and using cocaine, a violation that undermines the integrity of the judiciary.

Reasoning: Respondent, a former magistrate for Florence County, admitted to misconduct involving the purchase and use of cocaine on multiple occasions from a distant relative.

Violation of Judicial Conduct Canons

Application: The respondent violated canons of judicial conduct by failing to uphold judicial integrity and impartiality, prioritizing personal activities over judicial duties.

Reasoning: The respondent admitted violations of multiple Canons of the Code of Judicial Conduct, including upholding judicial integrity, impartiality, and the precedence of judicial duties over personal activities.