SC Supreme Court Faces Multiple Investigations

By fitsnews • on September 4, 2008

South Carolina’s battered and beleaguered Supreme Court is facing multiple investigations at both the state and federal level, sources tell FITSNews.

Specifically, decisions by the court’s controversial attorney discipline office have sparked at least two investigations - one by State Law Enforcement Division (SLED) officials and another by the U.S. Justice Department. Sources at both agencies have confirmed that investigations are underway, but declined to comment further.

The court is also facing the possibility of a third investigation by S.C. Attorney General Henry McMaster, who is reportedly being pressured by lawmakers to move against the Court given Chief Justice Jean Toal’s refusal to provide the public with access to a draft report by the American Bar Association.

After a FITSNews story began making the rounds at the State House back in March, Toal promised lawmakers that the report would be made available to them and to the public, only to renege on that verbal agreement when it became clear that the document contained a harsh rebuke of the Court’s Office of Disciplinary Council.

Toal has previously come under fire for controlling which attorneys were given access to the ABA review panel, a screening process that apparently did not have the desired effect.

Of course the biggest scandal faced by the Court recently - well, aside from the way its judges are selected - was a controversial decision last November to toss out an entire section of the state bar exam in an apparent effort to boost the status of the Charleston School of Law, thus financially benefiting the school’s founders.

Stay tuned to FITSNews for updates as we work to get more information on these multiple investigations into South Carolina’s highest court.

Comments

By BIN News on September 4th, 2008 at 2:01 am

More sic(k) willie sources from under dirty rocks. Name your sources sic(k) willie. It’s called responsible journalism. The key word is “responsible.”

By John Harwood on September 4th, 2008 at 7:22 am

Sometimes I wonder whether you just sit in a corner and make this crap up. Not one credible news outlet picked up on your “story” (read: bald assertion) last month that Toal had a draft report from the ABA she was refusing to share - my guess is that you made it up or your “anonymous” source made it up. As to the “ongoing investigations” by the D.O.J. and S.L.E.D., people complain about lawyers and judges all the time (probably just as often as people used to call you complaining about the Governor). People sue lawyers and judges in federal court, people contact the Attorney General, and people contact your old boss to complain about everything under the sun. I think it is rather unsurprising that an agency or government entity taking these complaints would catalogue them, so forgive me if your breaking news that “both agencies confirmed that invesitigations are underway” doesn’t really blow my dress up. As to the Bar exam - everyone has spoken on that issue long ago. I know you’re not buying what the court said, but that doesn’t mean your version of the story is correct.

Do you really view the Supreme Court as Jean Toal imposing her wild and reckless will while four patsies go along for the ride? I wonder what is the reason behind this jihad against the State Supreme Court and against Justice Toal in particular? She has overseen the modernization of the State court system, continued to run the judicial branch on an ever-decreasing budget, and been recognized nationally throughout her career. I therfore found your characterization of her in the Palmetto Power 100 as “Not a Change Agent” to be a crock. I know some of your legislative buddies like Mulvaney, Krawford, Merrill, and Ted Pitts are not fans, but let’s be honest, these guys hate lawyers in general (which is surprising for Mulvaney because he has a legal education). Frankly, I’m tired of the anti-lawyer rhetoric, the anti-Court rhetoric, and I think plenty of others are as well.

By cgi-bin laden on September 4th, 2008 at 9:30 am

@ John Harwood

Few of us are buying the Supreme Court’s explanation of that bar exam SNAFU. However, I agree that the whole “she did it to help out the backers of CSoL” angle is pretty contrived - I’ll just blame that story on that mande girl that posts here.

By Mincing Words on September 4th, 2008 at 9:39 am

Hey john, you got a case coming before the Queen this month? ‘Cause that is some serious ass-kissing.

And, by the way, DOJ and SLED may get complaints about lawyers and judges all the time, but those complaining are referred to the Disciplinary Counsel.

By fitsnews on September 4th, 2008 at 10:07 am

#1-#3-

We provide anonymity to sources who provide us with information. Period. Those sources also helped us break open the bar exam scandal and “Beattygate,” which we’d like to point out that dozens of “credible news outlets” picked up and ran with … including The State, which used anonymous sources extensively in one of its major bar exam follow-ups.

In addition to providing anonymity, we also call the agencies in question to get a confirmation or denial of what our sources tell us, and in this case sources at both DOJ and SLED confirmed the reports we had received.

Honestly, we don’t know what else we’re supposed to do. Trust, but verify is what we did here.

As for how we view the Court, Mr. Harwood’s description of “Jean Toal imposing her wild and reckless will while four patsies go along for the ride” sounds about right. Hopefully the new guy has a set and will stand up to her, but that remains to be seen. He’s one just vote.

-FITSNews

P.S. - And #3, if you’re so “tired of the anti-lawyer, anti-Court rhetoric,” then by all means STOP READING THIS WEBSITE. Of course our bet is if you’re anything like BIN, you can’t.

By CSOL Professor on September 4th, 2008 at 11:37 am

As long as Jean helps me and my little law school down here keep cranking out tons of “lawyers” without regard to whether they can pass the Bar I will be fine with the Court. We have not done too well on the first two tries, but in preparation for the next go around all our students have gotten their grandparents and former Sunday School teachers to swear out a statement as to why their grandchild/students should be admitted that they will send to the Court in the event their 3 years and $200k spent with us did not do the trick.

By Interviewed on September 4th, 2008 at 11:51 am

I have been interviewed by one the listed agencies in the past 6 months. It has taken a couple of years, but finally some of these investigators are seeing past the sour grapes complaints and seeing the pattern of rewarding political/personal friends and punishing political enemies by the CJ. I remain as anonymous as possible as I don’t want the wrath the CJ can cause me and my career. The 4 patsies? Waller is retiring and just wants out without scandal. Beatty and Kittredge are new and appear clueless. Costa is just a lap dog as he has always been for Her. Nice guy. But just Her bitch.

By Not only that on September 4th, 2008 at 12:05 pm

Now, Willie, you don’t want people who get fed up with you to stop reading your site. Who’d be left?

By Not Sayin', Just Sayin' on September 4th, 2008 at 1:00 pm

Toal runs the whole judicial department, and traditionally the associate justices have zero involvement in the department’s administration. The current associate justices aren’t patsies or even clueless or disengaged (well, Waller is), but they certainly are not involved in the department’s administration. That’s the CJ’s baby, and she’s filled it with true patsies at $110K a pop) (ie, Lee Coggiola) to do her bidding.

Leave a Comment