CHARLESTON, S.C. - The disciplinary office of
the South Carolina Supreme Court is reviewing possible violations of
judicial standards following the late-night release of a Charleston
municipal judge from county jail.
Supreme Court Chief Justice Jean Toal said Wednesday that
questions have been raised about the bail set by a fellow judge for
Judge Joseph Mendelsohn.
Mendelsohn was arrested Saturday in Mount Pleasant on a charge of
driving under the influence. He was freed from the county jail early
Sunday after posting a $1,002 bond.
At issue is whether Magistrate James Gosnell, by signing a form
that formally booked Mendelsohn into the county lockup and set his
bail amount, constituted an unscheduled bond hearing.
Three years ago, Toal ordered South Carolina magistrates not to
hold late-night bond hearings. She directed them to schedule two
bond hearings daily, at specific times in the morning and in the
evening.
If, under extraordinary circumstances "the on-call magistrate is
requested to conduct a bond hearing at a time other than specified,
hearings shall be held for the entire jail population eligible for
release," Toal wrote at the time.
Toal issued the order after Richland County Chief Magistrate
Samuel Peay ordered the immediate late-night release of Appeals
Court Judge Jasper Cureton, who was arrested in a domestic dispute
with his wife. After the incident, Toal replaced Peay.
Gosnell said he went to the jail to see about his friend. Gosnell
said he did not hold a bond hearing for Mendelsohn but did sign a
form that set his bail at an amount dictated by state law.
Toal said her office had received a complaint about Mendelsohn's
release, and she referred it to Henry Richardson with the Supreme
Court's Office of the Disciplinary Counsel. Still, she said that
action does not mean the high court has made a judgment on whether
there should be an investigation.
Acting Charleston County Chief Magistrate Henry Guerard said he
also is looking into the situation.
"We all are trying to figure out what happened and if further
action would be appropriate and, if so, what action," he said.
In most South Carolina jurisdictions, people charged with DUI do
not have to appear before a magistrate in bond court and can be
released as soon as they post bonds set by state law, provided they
are not a danger to the community or a flight risk. But that's not
the case in Mount Pleasant.
Mount Pleasant Municipal Judge Lawrence Duffy asked the jail in
an October 2002 letter to hold overnight anyone arrested on a charge
of DUI or criminal domestic violence.
His concern, he said earlier this week, was to make sure that a
magistrate, not a police officer, set the bail amount because bonds
were changing so often that errors could occur.