Blythewood Online 691

Tag: Fairfield County Magistrate

  • County: magistrate shortage not currently impairing caseload

    WINNSBORO – The shortage of experienced magistrates in Fairfield County is not currently causing a case backlog despite sweeping changes in magistrate posts, County officials say.

    As it stands, only two Fairfield magistrates are qualified to preside over cases – Paul Swearingen and newly appointed Chief Magistrate Russell Feaster.

    State Sen. Mike Fanning, D-Great Falls appointed four new magistrates in May, but they can’t handle cases on their own because none hold a law degree, according to their resumes.

    Jannita Gaston, Danielle Miller, Katina Capers-Washington and Vannessa Hollins must observe 10 cases before they can oversee cases, a six- to nine-month process.

    County Administrator Jason Taylor says he recently conferred with Swearingen and Feaster, and he said each one said they could handle their current caseloads.

    “Both Paul and Russell said they are okay, and as long as their workload is not overwhelming them, I think we’re fine,” Taylor said.

    In June, the county feared it might need to enlist temporary magistrates while the appointees receive training, potentially pinching the county budget since temporary judges were unbudgeted.

    Fairfield County appropriated $559,114 for the magistrate’s office in its 2019-2020 budget. Taylor initially thought temporary magistrates could cause the county to exceed that total, but now he doesn’t foresee any immediate problems.

    “At this point we have coverage without having to hire outside judges,” Taylor said.

    The Fairfield County Magistrate Office has seen extensive change. In addition to Fanning appointing apprentices to the bench – Hollings has experience as a magistrate for the Town of Winnsboro – another Fanning appointee was appointed chief magistrate.

    S.C. Supreme Court Chief Justice Donald Beatty appointed Swearingen to serve as chief justice on June 28. Two weeks later, in a surprise move on June 12 – the day after the county was notified that one of the newly appointed magistrates could not be bonded through the county’s bonding company – Beatty nullified the order to appoint Swearingen as chief justice, and replaced him with Feaster who was appointed magistrate by Fanning last year. The new order installs Feaster as chief magistrate through Dec. 31.

    “The provisions of this Order are effective immediately and shall remain in effect unless amended or revoked by subsequent Order of the Chief Justice,” the order states.

    An S.C. Court Administration representative couldn’t provide an exact reason for the switch.

    “Chief Magistrate appointments are made at the discretion of the Chief Justice, who issues an order appointing Chief Magistrates every six months,” agency spokeswoman Ginny Jones said via email. “The Chief Justice also makes interim appointments as needed for the continued operation and efficiency of the Unified Judicial System.”

    Former Fairfield Magistrate Will Pope said it’s highly unusual for the magistrate office to experience such sweeping changes.

    “Why Paul was removed, I don’t know,” he said. “I didn’t understand it. I don’t know that being there a year, if Judge Feaster truly knows a lot about the system, about what goes on.”

    Pope spent 27 years working as a magistrate in Fairfield County, including 17 as chief magistrate. He retired April 30.

    Also retiring from the bench this year was Carol Tolen. William Robinson and Johnny Dewese were replaced by Fanning. Both Robinson and Dewese were subsequently hired by the Town of Winnsboro to serve as magistrates for the Town.

    Pope said he’s perplexed by Fanning’s decision to replace Robinson and Dewese, two trained and experienced judges.

    “He (Fanning) says the good old boy system is gone,” Pope said. “There’s no rhyme or reason why he did what he did.”

    Problems have peppered the appointment of Fairfield magistrates since the appointment of the four new judges earlier this year.

    Fanning announced the appointments of Gaston, Miller, Capers-Washington and Hollins via Facebook in May, calling them “outstanding new appointees” and touting their experience in doing so.

    “Our 4 new Fairfield County Magistrates bring a wealth of diverse experiences to the position,” the post said.

    However, public records reviewed by The Voice have called the appointment process and some candidate qualifications into question.

    A screening committee that interviewed magistrates likely violated the state’s Freedom of Information Act, or FOIA, by failing to provide the required 24-hour notice of its meeting.

    The committee itself also included controversial members, such as Chester Chief Magistrate Angel Underwood, who the S.C. Supreme Court suspended in 2015. She was reinstated a year later.

    Her husband, former Chester County Sheriff Alex Underwood, now under indictment in a pending excessive use of force case, participated in at least some of the interviews too, according to two candidates speaking with The Voice.

    Alex Underwood was not under indictment when the interviews took place but was being investigated.

    Fairfield magistrates who were appointed had to be reappointed because at the time, none of them had taken a basic skills exam that state law requires magistrate candidates to pass prior to appointment.

    When the magistrates were tested, some of them required multiple attempts to pass the exam, according to public records.

    Most recently, Judge Miller’s credit history nearly prevented her from being bonded, a requirement of magistrates.

    Public records obtained through the FOIA show that Miller was initially denied bonding, but later secured bond through alternative means.

  • Credit history put new judge’s bond at risk

    Court Replaces Swearingen with Feaster as Chief Magistrate

    WINNSBORO – A recently appointed Fairfield County magistrate’s credit problems placed her in jeopardy of having her appointment invalidated.

    On July 11, the county’s Columbia-based bond insurer denied Danielle Miller’s application seeking to be bonded, citing Miller’s credit, according to documents The Voice obtained through the S.C. Freedom of Information Act.

    Magistrates must be bonded to serve, according to state law.

    Miller was one of four new magistrates appointed recently by State Sen. Mike Fanning, D-Great Falls. Fanning couldn’t be reached for comment.

    “Unfortunately, Ms. Miller’s credit didn’t meet the requirements for this bond. The application was denied,” a July 11 email from South Risk Management, LLC of Columbia stated.

    According to documents obtained through the S.C. Freedom of Information Act,  that email was forwarded to the S.C. Court Administration.

    “Don’t know what to tell you. (S)he must have a bond or (s)he cannot hold office,” answered an official with Court Administration. “I would have the county manager look into alternative bonding companies. If (s)he is unable to be bonded that is a problem. (S)he would have to take that up with the Senator.”

    Miller provides own bond

    The following day, however, on July 12, Miller submitted her own bond to the county through Travelers Casualty and Surety of Hartford, Connecticut, in the amount of $10,000.

    Had Miller’s efforts to acquire bonding not been successful, she would have been unqualified to serve as magistrate, according to state law.

    “Any magistrate not in compliance with this section shall be subject to immediate removal from office until he shows good cause to the Supreme Court for not obtaining such bond,” the law states.

    It’s unclear exactly what circumstances impacted Miller’s credit rating.

    A default judgment was entered against Miller in July 2008, when she was ordered to pay $7,519,57 to Hudson & Keyse LLC, a debt collection agency, according to Fairfield County court records.

    The judgment, however, was signed 11 years ago and most negative credit items typically drop off a credit report after seven years.

    Also, in 2017, the three credit bureaus ceased including most civil judgments on a person’s credit report, according to a Consumer Data Industry Association news release.

    Fairfield County court records don’t indicate whether or not Miller’s judgment was ultimately paid.

    Her case, however, is representative of the kinds of cases over which she would have jurisdiction. Magistrates preside over civil cases up to $7,500 and certain misdemeanor cases, as well as issue bonds in most criminal cases.

    Feaster Named Chief Magistrate

    In a related matter on July 12, the S.C. Supreme Court issued a surprise order naming Russell Feaster as chief magistrate of Fairfield County, reversing the reappointment of Paul Swearingen as chief magistrate – an appointment that was confirmed by the Senate just two weeks earlier. Swearingen, an attorney, will now serve as a magistrate. Swearingen has served Fairfield County as chief magistrate since July 1, 2017 and as magistrate since 2010. Feaster, who is retired from the South Carolina Law Enforcement Division, was appointed magistrate a little over a year ago.

  • Magistrate appointments bungled

    WINNSBORO – State senators will reconvene next week, in part to reconsider four controversial magistrate appointments in Fairfield County, according to S.C. Gov. Henry McMaster’s Office.

    Specifically, Jannita Gaston, Danielle Miller, Katina Capers-Washington and Vanessa Hollins must go through the reappointment process again. That process includes verification of whether they have passed two required eligibility examinations, said McMaster spokesman Brian Symmes.

    Senators were already scheduled to head back into session Tuesday to finalize the state budget, though lingering issues over Fairfield magistrate appointments will also be addressed.

    “The Senate recognizes that those appointments are not effective because of the status of the tests,” Symmes said. “They [senators] are going to take up these appointments.”

    McMaster and the Senate pressed the reset button on the magistrate appointments following an investigation by The Voice, which found multiple candidates had to take the exams more than once, that none of the four had taken the exams prior to their appointment and that at least one nominee had reportedly not passed the exams at all.

    Due to the exam debacle, Symmes said magistrate nominees are now going to have to provide proof of having passed the tests before appointments can move forward.

    “Because of this issue that was pointed out to our office by Court Administration, there have been changes put in place in our boards and commissions appointment process to make sure that this doesn’t happen again.” Symmes said. “We will now require the Senate delegation to confirm to our office, along with the nomination of these individuals, that they have taken their tests. That way, we will not have this particular issue arise again.”

    Magistrate shortage

    Fairfield County could potentially see a magistrate shortage for months, while also putting a strain on the county budget.

    State law prohibits new magistrates who don’t possess a law degree from hearing cases unless they first observe another judge preside over at least 10 cases. It could take six to nine months for the new magistrates to fulfill that requirement, said Fairfield County Administrator Jason Taylor.

    During that time, the county would have to hire interim magistrates in addition to paying the salaries of the county’s four magistrates in training.

    Taylor said he has not seen any signs yet of the magistrate’s office experiencing any backlogs.

    However, he fears it’s a possibility, noting that the office advised him that operations previously became “strained” with two vacancies.

    “I’m working with our chief magistrate, Paul Swearingen, on scheduling issues and such to see how we can manage to do this while they are still in training,” Taylor said. “I’ve got to look at our budget and see what we can do.”

    In the recently adopted 2019-2020 budget, Fairfield County appropriated $559,114 for the magistrate’s office.

    Taylor said part time magistrates make about $25,000 year, and estimated full-time magistrates make a little more than twice that amount. The magistrate budget covers other operational expenses as well.

    Strain on County Budget

    If the county has to utilize interim magistrates, which are unbudgeted, the money would have to come from elsewhere. How much money depends on from which county the interim magistrates come, Taylor said.

    “We may have to borrow [magistrates] from surrounding counties,” Taylor said. “Obviously Richland County magistrates make a lot more than ours do.”

    The Fairfield magistrate vacancies occurred when Sen. Mike Fanning, D-Great Falls, who represents Fairfield County, opted not to reappoint two experienced incumbent magistrates. He also filled two additional vacancies due to retirements.

    None of the four candidates Fanning nominated took their required exams until after he announced their appointment on social media, teeing up the magistrate appointment do-over.

    Fanning couldn’t be reached for comment.

    In announcing the appointees, Fanning in a May 21 Facebook post called them “outstanding individuals” who he said would “bring a wealth of diverse experiences to the position.”

    Fanning’s post said the magistrates would begin serving May 22. However, the earliest a candidate had even taken the test was May 23, according to documents obtained from Court Administration through a Freedom of Information Act request. At least one candidate hadn’t taken the tests until June, documents show, and it is reported that another still had not passed the tests after multiple tries.

    State law requires magistrate nominees to pass two exams – the Wonderlich Personnel Test and the Watson-Glaser Critical Thinking Appraisal II – before they can be appointed.

    “A senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees,” the law reads. “No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination.”

    Candidates are expected to be capable of reading at a sixth grade reading level. They must also know how to tell time, know the days and months of the year and understand basic skills in math, measurements and monetary units, according to Court Administration.

    Magistrates have numerous responsibilities. They issue arrest warrants, conduct bond hearings, preside over misdemeanor cases and hear small claims civil cases.

  • Doubts cast on transparency and legality of magistrate selection process

    WINNSBORO – It took multiple attempts for some recently appointed Fairfield and Chester county magistrate appointees to pass two basic skills exams required by state law, and one appointee couldn’t pass the tests at all.

    Katina Capers-Washington and Vanessa Hollins, both appointed to magistrate posts on May 21, passed on the first attempt, an agency spokeswoman said.

    Two other Fairfield magistrates, Jannita Gaston and Danielle Miller, also appointed on May 21, have taken the two exams on multiple dates, according to S.C. Court Administration.

    At least one of the Fairfield appointees still has not passed the exams, a source with knowledge of the exams said.

    Two Chester County magistrates also took the exams multiple times. The other two passed on the first try.

    State law requires magistrate candidates to pass the Wonderlich Personnel Test and the Watson-Glaser Critical Thinking Appraisal II before they can be appointed.

    The exams are designed to test rudimentary skills, Bob McCurdy, assistant director of Court Administration, said in a 2018 memo.

    “Successful examinees will need at least a sixth grade reading level, knowledge of basic mathematics, how to tell time, days of the week and months of the year, and a basic knowledge of U.S. monetary units and the U.S. Customary System of weights and measures,” the memo said.

    A Court Administration representative wouldn’t disclose how the candidates scored, nor would she verify if any candidate failed to pass.

    “This information is confidential,” agency spokeswoman Ginny Jones said. “If you would like to request it, you will need to file a motion with the Supreme Court.”

    Jay Bender, an attorney with the S.C. Press Association, of which The Voice is a member, said it’s critical for the public to know whether or not magistrate candidates have passed the required exams.

    “It’s a serious problem if we put people on who are not qualified,” Bender said.

    Testy Situations

    The testing revelations raise new questions about whether all the Fairfield and Chester candidates are truly qualified to serve. They also cast doubt on whether the nomination process was as transparent as previously advertised and whether it complied with state law.

    According to S.C. statute 22-2-5, magistrate candidates must pass the two exams prior to being appointed.

    “A senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees,” the statute reads. “No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination.”

    Sen. Mike Fanning, D-Great Falls, announced the appointment of the four Fairfield candidates via Facebook on May 21.

    “Earlier today, these outstanding four individuals were officially appointed and will begin their 4-year service on Wednesday, May 22, 2019,” Fanning posted.

    However, as of May 22, none of the four nominees had even taken the required exams, let alone passed them.

    Capers-Washington was first to be tested. She passed on her first try on May 23. Hollins came next, also passing the test on the first try on May 28.

    Miller didn’t take the tests until May 30. She took the exams again on June 7.

    Gaston wasn’t tested until June 4, and took the exams again on June 10.

    Other Requirements

    In addition to passing the exams, candidates for appointment must also hold a bachelor’s degree. If magistrates aren’t lawyers, they must observe 10 magistrate court trials before they are allowed to hear cases.

    More magistrate troubles

    To help appoint magistrates, Fanning created screening committees in Fairfield and Chester counties, tasking them with conducting interviews and making nominations for magistrate appointees.

    Three Chester County representatives – Dwayne Robinson (a Chester County deputy sheriff), Calvin Gore (also a Chester County Sheriff’s employee and former magistrate), and Angel Underwood (current Chester County chief magistrate and wife of former Chester County Sheriff Alex Underwood) – comprised the list of the selection committee for Fairfield magistrate applicants according to documents provided by Fanning’s office in response to a Freedom of Information Act request from The Voice.

    Two names, however, were missing from that list – Alex Underwood and Fanning, himself. At least one magistrate candidate said the selection committee that interviewed her included Alex underwood and Fanning along with Angel Underwood and Gore.

    Alex Underwood, 55, is one of three Chester County law enforcement officials indicted in an unlawful arrest and excessive use of force case filed on May 7.

    Charges were filed after the FBI raided the Chester County Sheriff’s Office in late April.

    It was not immediately clear why Alex Underwood’s and Fanning’s names were not included in documents that Fanning’s office provided to The Voice.

    Attempts to reach Fanning by phone were unsuccessful. An email seeking comment was not immediately returned.

    On April 28, in a Facebook post appearing after the raid but before the indictments, Fanning, who lives in Great Falls and represents all of Fairfield and Chester counties, urged people not to rush to judgment.

    Fanning also threw his support behind Underwood.

    “Our Chester County Sheriff has gone above and beyond what is required of him as a law enforcement professional,” the post states.

    “Let us not allow this to lead us to forget his many accomplishments, achievements, and his genuine love and decades of service to Chester County,” Fanning continued. “This is the time to stand behind the man who would lay down his life for us all.”

    If convicted on all counts, Underwood faces more than 50 years in prison. Underwood has pleaded not guilty, according to court records.

    Underwood in the room

    Weeks before his arrest, Underwood participated in at least some magistrate interviews, according to Mattie Stewart Smith, one of several candidates the screening committee interviewed.

    Mattie Smith

    Speaking with The Voice on Monday, Smith went into greater detail about Alex Underwood’s involvement, including the kinds of questions she says he asked.

    Smith said one of Underwood’s questions centered on her availability to sign warrants, regardless of the time.

    “He was explaining that law enforcement individuals have to come and get warrants signed,” she said. “He said ‘would you be willing to have them come to your house to get them signed?’”

    “I said, ‘yes, I don’t have a problem with that,’” Smith recalled. “He said, ‘oh that’s good because it is a problem sometimes.’”

    Smith also recalls Underwood asking her if she had any issues working a four-day workweek. She said she didn’t.

    “I did not have a problem with that. I explained to them that basically I was retired, that my time is my time,” Smith said.

    Smith said she’s certain Underwood was present for the interviews, despite a recent media report that cited an anonymous source disputing Smith’s account.

    She said he remained for the entire interview, which was conducted in executive session. Smith remembers Underwood stating he helped provide security a few years ago during her 30th wedding anniversary vows renewal.

    “He said ‘Your food was good and the ceremony was really nice,’” Smith said.

    Smith added that this was her second attempt seeking a Fairfield magistrate post, and that it’s unlikely she’ll try again, noting the process has become too political.

    “Looking back, it soured me to the whole process. I’ve worked for government for 36 years and I’ve always done my job, I’ve never played politics,” she said. “I just feel that there are a lot agendas here that I’m not aware of. I’m not interested in anything here because I don’t like the maneuvering.”

    Record of legal challenges

    Although Alex Underwood was indicted after magistrate interviews occurred, the pending case is the latest in a long line of legal challenges the sheriff’s department has faced under Underwood’s leadership, according to judicial records.

    Since 2014, Underwood has been listed as a defendant or codefendant in eight federal lawsuits. Additional lawsuits have been filed and adjudicated in state court, according to court records.

    Some cases were filed by private citizens, which like the pending criminal case against Underwood, allege unnecessary use of force or failure to follow protocol.

    Barbara Ball contributed to this article.

  • Fanning: ‘Good Ole Boys’ over

    Some Committee Members Closely Connected to Fairfield

    WINNSBORO – S.C. Senator Mike Fanning advertised last February for applicants to fill positions for four part-time Fairfield County magistrates and one full-time chief magistrate, all of whom would be up for reappointment in May. At the same time he advertised for applicants to fill positions for four part-time Chester County magistrates.

    To emphasize the fairness of his application process, Fanning posted the following on his Facebook page.

    “’The Good ‘Ole Boy System is Over!’ Now, an unbiased committee of out-of-county experts (who do not have established ‘connections’ to folks in our community) will review applications & interview finalists…making recommendations for appointment to this critically important judicial position(s).”

    In another notice, Fanning said the selection committee would be comprised of current and former magistrates from outside the county.

    Contrary to Fanning’s post, some of those committee members appear to have decidedly ‘established connections’ to Fairfield County and to Fanning, and not all of them were current or former magistrates, according to applicants interviewed by The Voice.

    Two applicants for the Fairfield positions said they met with different selection committees and that each committee consisted of three to four members.

    Applicant Mattie Stewart Smith, a retired attorney with 36 years of experience, told The Voice that she and at least two other applicants were interviewed on April 5 by four committee members: Chester County Chief Magistrate Angel Underwood, Underwood’s husband (then-Chester County Sheriff) Alex Underwood, a man with the last name of Gore and Fanning.

    Other members on selection committees were reported to include employees of the Chester County Sheriff’s office.

    Angel Underwood grew up in Fairfield County and graduated from Fairfield Central High School, records show.

    Underwood, who was suspended from her duties as Chief Magistrate in May 2015, handled more than 100 cases in which she should have told parties involved that she was married to the county’s sheriff, according to court records. After serving a year’s suspension, Underwood was issued a public reprimand by the S.C. Supreme Court but allowed to return to the bench.

    Underwood’s husband, Alex Underwood, another member of a selection committee for Fairfield magistrate applicants, served as Sheriff in Chester County from 2011 until he and two of his deputies were indicted in early May on charges ranging from conspiracy to falsifying evidence, records state.

    WBTV in Charlotte reported on Fanning’s appointment of the four new magistrates in Chester County after several viewers had brought up the issue of Fanning’s close ties to the Underwoods. Angel Underwood was the only Chester magistrate reappointed.

    On the day the FBI raided the Sheriff’s office in April, Fanning posted on Facebook, urging the community to stand by Alex Underwood. The station pointed out that Fanning posts photos of him and the Underwoods together socially, including at a dinner the weekend before the new magistrates in both Fairfield and Chester were named.

  • Fanning appoints 4 magistrates in Fairfield

    Follows Questions About Chester Appointments

    WINNSBORO – Senator Mike Fanning announced on Tuesday the appointment of four new magistrates for Fairfield County – Jannita Gaston, Danielle Miller, Katina Capers-Washington and Vannessa Hollins. They will join Magistrate Russell Feaster, appointed by Fanning last year, and Chief Magistrate Paul Swearingen.

    The new magistrates replace longtime magistrates William Robinson, Johnny DeWeese, Will Pope, who retired April 30, and Carol Tolen who retired in January.

    Robinson and DeWeese received letters from Fanning stating that they would not be reappointed.

    “Wednesday, May 22, will mark a fresh start…a new day…and a new court here in Fairfield County,” Fanning said in a press release issued on Tuesday.

    The turnover of Fairfield’s magistrates followed questions asked last week by a Charlotte television station after it learned that Fanning was replacing all but one of five sitting magistrates in Chester County.

    “Only Chief Magistrate Angel Underwood is being recommended for reappointment to another four-year term,” the station noted. “Underwood is the wife of Chester County Sheriff Alex Underwood who was just indicted on multiple criminal charges.”

    The station questioned why four qualified and long-term magistrates were being put out of jobs, noting that, “Several people had brought the issue to Channel 9 because Fanning is close to the Underwood family.”

    Fanning said he is making the process of choosing magistrates “more open and transparent than it used to be.”

    Fanning said he advertised the positions and that over 40 individuals expressed interest in the position and dozens applied. In order to insure an unbiased review, Fanning said he assembled a team of current or former magistrates from surrounding counties – to evaluate applications, interview finalists and recommend for appointment. The names of members of the review committee have not been made public.

    Fanning, who represents part of York County and all of Chester and Fairfield counties, has been passionate in postings on Facebook about his support for Alex Underwood.

    “This is the time to stand behind the man who would lay down his life for us all. This is the time to stand behind the man you voted for. This is the time to stand behind our Sheriff Alex Underwood.” Fanning posted.

    The Voice has been unable to contact Fanning regarding the Fairfield County appointments. He did release the following information about the new magistrates:

    Jannita Gaston, a Winnsboro resident, is a graduate of Benedict College, where she earned a Bachelor of Arts degree in Sociology. Gaston has served in corrections and law enforcement for over forty years as a correctional officer, deputy warden of administration, warden and regional director. During her career as an administrative manager with the state of South Carolina, she worked in all facets of correctional operations. She currently serves on the Fairfield Behavioral Health Service Board.

    Danielle Miller is a lifelong resident of Fairfield County and is a graduate of Winthrop University where she earned a Bachelor of Arts degree in English and creative writing. She has worked as a paralegal and also obtained certification as a Global Career Development Facilitator. She has served on the Fairfield County School Board and currently serves as chair of the Fairfield County Chamber of Commerce.

    Katina Capers-Washington is a resident of Winnsboro and a graduate of the University of South Carolina with a Bachelor of Arts degree in Psychology, and Webster University. She worked five years during college as a paralegal. She was a school counselor for the Newberry School District for seven years. Capers-Washington and her husband Carmen have established a scholarship for students of Fairfield Central High School majoring in business administration or culinary arts.

    Vannessa Hollins, a lifelong Fairfield resident, is a 1991 graduate of Midlands Technical College where she earned Associates and Bachelor degrees in Criminal Justice Administration. She also earned a Master’s degree of Public Administration at Bellevue University. In 2001, Hollins earned her Summary Court Judges Certification from the SC Criminal Justice Academy/SC Court Administration. Judge Hollins has served as a Municipal Court Judge for the Town of Winnsboro and is a director of her local non-profit, Chameleon Inspirations Learning Center, in Winnsboro.