In re Woodham
| Decision Date | 08 February 2010 |
| Docket Number | No. 26766.,26766. |
| Citation | 386 S.C. 495,689 S.E.2d 605 |
| Parties | In the Matter of Former Lee County Magistrate Alston Wesley WOODHAM, Respondent. |
| Court | South Carolina Supreme Court |
Lesley M. Coggiola, Disciplinary Counsel, and Joseph P. Turner, Jr., Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel.
S. Bryan Doby, of Jennings and Jennings, PA, of Bishopville, for respondent.
In this judicial disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21, RJDE, Rule 502, SCACR. In the Agreement, respondent admits misconduct and consents to the imposition of a public reprimand pursuant to Rule 7(b), RJDE, Rule 502, SCACR.1 The facts as set forth in the Agreement are as follows.
This matter was referred to ODC following an internal investigation at the Department of Public Safety (DPS). DPS had received information that State Transport police officers had been instructed through the chain of command to curtail or cease certain enforcement activity at the Lee County Landfill and to "nolle pros" or reduce tickets which had already been issued to county or municipal government trucks. Two State Transport officers also reported they had been approached by Lee County magistrates for "help" on tickets.
Respondent maintains he is contacted approximately five times per year by a legislator for help on tickets on behalf of constituents and that he, in turn, contacts the officers to see if help is available. Respondent also talks to officers if a violator calls and requests help on a ticket.
Respondent admits that, on one occasion, he was contacted by a county administrator regarding a weight ticket issued by the State Transport Police at the Lee County Landfill and that he approached the officer before court about the ticket. The officer declined to help, citing as the reason that the legislator had complained about the officer enforcing weight limits at the landfill. Respondent called the legislator about the officer's remark. The legislator responded that the only thing he had done was "call somebody in Columbia" about the weight tickets and told them (presumably the State Transport police) that they could write tickets anywhere in Lee County except at the entrance to the landfill.
Respondent acknowledges he was contacted by a county official for help on weight ticket W223647 and that he contacted the issuing officer. The officer told respondent to contact his supervisor; respondent contacted the officer's supervisor and the supervisor declined to intervene.
A State Transport police officer reported that he was contacted by respondent about help on weight ticket W210437 which had imposed a fine of $3,905.25. The officer stated he told respondent he could not help with the weight ticket, although he "didn't care" what respondent "did" with the ticket. Further, the officer reported that respondent asked the ticket be marked "not guilty" and the officer marked the ticket accordingly. Respondent informed ODC that he did not ask the officer for help on ticket W210437, but acknowledges that the trial officer's copy of the ticket indicates he was the presiding judge.
By his misconduct, respondent admits he has violated the following Canons of the Code of Judicial Conduct, Rule 501, SCACR: Canon 1 (judge shall uphold the integrity and independence of the judiciary); Canon 1(A) (); Canon 2 (judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities); Canon 2(A) (); Canon 2(B) (...
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