In the Matter of Betsy M. Campbell and Robert S. Campbell, Jr.; Mary Schuyler Campbell v. Betsy M. Campbell and Robert S. Campbell, Jr., 379 S.C. 593

Summary

The Supreme Court of South Carolina considered whether S.C. Code Ann. § 62-5-407 requires court-appointed examiners in conservatorship proceedings to be disinterested. The court held that the statute does not impose a per se disinterestedness requirement, but examiners must be neutral and objective; appointing physicians who had served as the mother's expert witnesses constituted an abuse of discretion. The court also upheld recusal of the probate judge and remanded for further proceedings.

Holdings

1. Section 62-5-407 does not impose a per se requirement that court-appointed examiners be disinterested parties.
2. Although § 62-5-407 does not require examiners to be disinterested, the probate court must appoint examiners capable of rendering a neutral and objective opinion; failure to do so is an abuse of discretion subject to reversal.
3. The probate court abused its discretion by appointing Drs. Cathcart and Edwards as court-appointed examiners because their prior designation as Mother's party experts, preparation by Mother's counsel, compensation, and resulting dual roles were fundamentally incompatible with neutral examination.
4. The circuit court properly ordered recusal of the Cherokee County probate judge and transfer of the case to the Spartanburg County Probate Court.

Questions Presented

1. Whether S.C. Code Ann. § 62-5-407 implicitly requires court-appointed examiners in a conservatorship proceeding to be disinterested.
2. Whether the probate court abused its discretion by appointing examiners who had previously served as the protected person's expert witnesses and were not neutral and objective.
3. Whether the probate judge was properly recused and the matter transferred because of ex parte communications, favorable comments concerning one side, and disparaging remarks directed at opposing counsel.

Disposition

affirmed