In re an Anonymous Former Probate Judge, 358 S.C. 1

Summary

The South Carolina Supreme Court accepted a former probate judge’s Agreement for Discipline by Consent and issued a public reprimand, despite the respondent’s death. The court held that retaining fees collected for performing marriage ceremonies violated statutory requirements, prior court decisions, and multiple provisions of the Code of Judicial Conduct. The respondent repaid approximately $51,380 to Cherokee County’s general fund.

Holdings

1. A probate judge may not personally retain fees collected for performing marriage ceremonies; fees and costs received under the applicable statutory provisions must be accounted for and paid into the county's general fund, and personal retention violates the Code of Judicial Conduct.
2. The Court accepted the Agreement for Discipline by Consent and imposed a public reprimand.

Questions Presented

1. Whether the respondent's charging and personal retention of fees for performing marriage ceremonies violated S.C. Code Ann. § 8-21-760, the Code of Judicial Conduct, and the Rules for Judicial Disciplinary Enforcement.
2. Whether the Court should accept the Agreement for Discipline by Consent and impose a public reprimand despite the respondent's death.

Disposition

other