Mark Joye, of the Joye Law Firm, Joins Other Past Presidents of the South Carolina Association for Justice in Penning 'An Open Letter To The People Of South Carolina'
Columbia, SC (PRWEB) January 21, 2014 -- Remarks attributed to Associate Justice Donald W. Beatty of the Supreme Court of South Carolina have led to a recent public discussion over whether Justice Beatty should refuse to hear certain cases based not on the facts of the individual case in question, but on the category of cases before the Court. As you may or may not know, Justice Beatty used a recent speaking invitation to remind the prosecutors in this State that their duty is to seek truth and justice, not to win convictions. In turn, several solicitors have suggested that Justice Beatty should automatically recuse himself from hearing appeals in criminal cases or cases involving disciplinary complaints against prosecutors. For many reasons, we believe such a broad-based request for Justice Beatty’s recusal is not only unwarranted, but also improper under our system of justice.
We are a group of current and past presidents of an organization now called the South Carolina Association for Justice and formerly known as the South Carolina Trial Lawyers Association. We are writing here, however, as individual lawyers who represent South Carolina citizens before the trial and appellate courts of this State in all types of cases.
The cornerstone of justice in South Carolina is the independence of the State’s judiciary. Having faith in the rule of law requires us to believe in the integrity and independence of the court system. A large part of the integrity and independence of judges depends in turn upon those judges acting without fear or favor. This notion is recognized by the rules that govern the conduct of South Carolina judges (specifically Canon 1 of the rules and its Commentary), and we submit that it is also a function of common sense. For the court system to work, a judge must be and feel faithful to the law and not be swayed by partisan interests, public clamor, or fear of criticism.
Beyond this duty, however, judges and justices have an obligation to decide the cases that are presented to them. Put differently, judges are obligated to not recuse themselves unnecessarily. You might say it this way – judges have just as much of an obligation not to step down from a case when there is no reason to do so as they have to step aside when there is a legitimate reason to do so. Moreover, the rules require a party seeking recusal to satisfy a high threshold, and that inquiry must focus on the individual case that is before the judge.
The criminal justice system requires even more from all of its participants. It requires fairness not only from our judges or justices, but from all of those who participate therein. The Rules of Professional Conduct, which govern the behavior of judges and lawyers, places an even higher duty on those who prosecute criminal cases - prosecutors are ministers of justice, and not simply advocates for the State. And our constitution requires that each co-equal branch of government - from the members of the judiciary to the solicitors, who serve in the executive branch - carry out the duties and obligations assigned to that branch.
We know Justice Beatty and, like every other member of the Supreme Court, he is a person of unquestionable integrity and complete fairness. These traits are reflected in everything Justice Beatty has ever done in his life, including the decisions he has made while a judge on the circuit court and the Court of Appeals and while a member of the Supreme Court.
In our view, the remarks attributed to Justice Beatty do not reflect the words of someone who has a predisposition as to a particular case or category of cases. Rather, those words, if true, reflect Justice Beatty’s commitment to adhere to the law as set forth by the South Carolina General Assembly as well as the rules governing judicial conduct. And in passing on this public debate, we must heed the words of United States Supreme Court Justice Antonin Scalia, who recently stated “[t]he decision whether a judge’s impartiality can ‘reasonably be questioned’ is to be made in light of the facts as they existed, and not as they were surmised or reported.” Cheney v. US Dist. Court for the District of Columbia, 541 U.S. 913, 914 (2004).
In South Carolina, we are fortunate to have many good prosecutors who are dedicated to seeking justice. We are also fortunate to have good people serve in our judiciary who strive to carry out their roles in our system of justice in a manner that invokes confidence by our citizens. Justice Beatty is among the best of those who have served this State, and his past decisions represent an unbroken record of adherence to the law and decisions based upon the specific facts of each individual case. We believe that the remarks attributed to him do not sway from the path of justice that he has followed throughout his career, and we firmly believe the people of South Carolina can be confident that he will continue to decide each case on its facts and apply the law fairly and justly.
Rodney C. Jernigan, Jr.
President SCAJ
Florence, SC
Matthew T. Richardson
President’s Council Chair
Columbia, SC
John S. Nichols
President’s Council
Board Representative
Columbia, SC
D. Kenneth Baker
Florence, SC
Mark D. Ball
Hampton, SC
Luther J. Battiste, III
Columbia, SC
Mark D. Chappell
Columbia, SC
John E. Duncan
Lexington, SC
Gerald M. Finkel
Columbia, SC
O. Fayrell Furr, Jr.
Myrtle Beach, SC
E. Paul Gibson
Charleston, SC
Charles L. Henshaw, Jr.
Columbia, SC
S. Randall Hood
Rock Hill, SC
Mark C. Joye
N. Charleston, SC
Ellis I. Kahn
Charleston, SC
Steven M. Krause
Anderson, SC
Ronald A. Maxwell
Aiken, SC
S. Kirk Morgan, Jr.
Lexington, SC
Preston F. McDaniel
Columbia, SC
William H. Nicholson, III
Greenwood, SC
Douglas F. Patrick
Greenville, SC
A. Hoyt Rowell, III
Charleston, SC
Kenneth M. Suggs
Past President
AAJ formerly ATLA
Columbia, SC
Tom Turnipseed
Columbia, SC
Kathryn Williams
Greenville, SC
Nicole Cerullo, Joye Law Firm, http://www.joyelawfirm.com, +1 (843) 725-4252, [email protected]
Share this article