Latest magistrate
scandal underlines need for reform
ADD ANOTHER NAME to the list of magistrates who have gotten into
trouble this year for illegal or unethical behavior you almost
certainly wouldn’t see if we didn’t treat these important judicial
positions as political patronage.
The latest saga involves Spartanburg County Magistrate Johnny
Cash, who is accused of showing favoritism in court cases to a man
who allowed the judge to use his house for trysts with a clerk from
his office. Another complaint claims the magistrate misused public
funds to finance the couple’s rendezvous.
Whether the Supreme Court determines those complaints are valid
or not, earlier allegations in this case paint a picture of the
arrogance of power that our no-qualifications, no-accountability
magistrate system engenders. The Spartanburg Herald-Journal reports
that according to testimony from the clerk’s divorce proceedings,
Mr. Cash and the clerk befriended a private investigator while she
was following them, took her to dinner, showed off the hotel room
where they were staying together at taxpayer expense and laughed at
the chance of being caught or followed. It’s astounding to think
that such a public figure might consider himself so insulated from
accountability as to be so cavalier.
This case would be little more than fodder for gossip were it not
for the fact that it has become so commonplace to hear tales of
magisterial misbehavior. Consider a few of the other cases this year
alone:
• Lexington County Magistrate
Bruce Rutland was found guilty in the spring of loitering to engage
in illegal sexual activity after Greenville County deputies arrested
him during a stakeout of a Greenville mall men’s room. (Amazingly,
he showed the good sense to “retire” shortly after his arrest.)
• The Supreme Court suspended
Richland County Magistrate Clemon Stocker in February for asking
another magistrate to lower a bond amount for a relative later
charged with murder.
• This fall, the court suspended
Newberry County magistrate Joseph Griffin Beckham, already on
interim suspension on unrelated allegations of stealing court
records, for helping get a speeding ticket dropped for a friend,
helping get a law enforcement officer promoted and violating
judicial standards in the handling of a domestic violence case.
The problem with magistrates starts with the fact that, although
bound by judicial conduct rules, they aren't lawyers, and many
aren’t even college graduates. Only this year did state law require
new magistrates to have a four-year degree; the less educated who
were already on the bench last year are free to stay as long as
their political patrons will have them.
And that’s the worst part about the magistrate system: the way
magistrates are appointed. Although the governor technically
appoints magistrates, they are in fact chosen by local state
senators — and often by the individual senator who represents a
given magisterial district. Some senators take the job of filling a
judicial position seriously, but too many use the power as a way to
reward political cronies. The result too often is judges who are not
as sensitive to ethical propriety as judges should be: They got the
job as a political reward, some figure, so why shouldn’t they use it
that way?
Until senators decide to treat magistrates as judicial
appointments — or until the full Legislature changes the law to
demand that — we’ll continue hearing these embarrassing stories
about the people who handle the bulk of the state’s criminal and
civil
cases. |