Chief Justice Election The election for SC Supreme Court Chief Justice should be very soon, a week or so. Though it is suicidal to oppose anyone of power in this state, I feel it necessary to speak out on the subject, which I have by sending the letter below to every senator and representative in the SC Legislature. Though Jean Toal, current chief justice, has been said to be a potent force behind the scenes in many cases and political activities in this state, including some I watch closely, my main opposition to her reelection is the lack of any punishment in her hit and run cases, which you may read about in some of the articles linked below. The average citizen would face much legal action, most likely handcuffed and at least some jail time before posting bail, and who knows what else? But like mayor Benjamin, she got off far easier than any citizen would, with no major fault found. The law is quite clear on hit and run, and DUI. To have a politician, judge, and any other government official that makes and/or enforces the law, not face at least what the lowest of us must, smacks of something very questionable. In her case, it seems the honorable action would have been to resign. But she did not, even after twice leaving the scene of the accident. People in high places do have advantage, and it takes a lot to have them answer for their violations. A legislator is stopped on capital grounds, unstable, slurring, smelling, and his attorney, another legislator, claims it was a rock in his shoe. Legislators have questionable financial reports, and their peers are the judges of their own, so they get off, unless so egregious a case, blood flows from it. They speed to the statehouse, far exceeding the limit, but it is OK as they have written the law so it allows them the liberty to speed, even though we get a large fine, and possibly jail, if we went at some of their speeds. The list goes on. Power, position, money: they speak on a level that we, the average citizen, cannot. Ethics reform must include all 3 branches, not just 2. And there must be independent oversight. At present, within the judicial system of our state, the chief justice is part of the oversight of magistrates, judges, and attorneys. This is a festering sore among those in the legal field, just as it is among us outside of it. But no one steps up to say publicly, at least not if they are involved in the legal/political system in SC. A legislator flatly stated that legislators are afraid in this chief justice election. Attorneys must stay on good graces as the Office of Disciplinary Council (ODC) answers directly to the chief justice. There is a case I am following closely where the ODC cleared an attorney of a complaint without any personal interview of the complainant, and when they cleared the attorney, they would not reveal why. Yet it appears that the hard evidence shows a blatant legal violation, one that will be appealed. Retribution comes in many stealthy ways. Power, money, position, and behind the scenes knowledge all give advantage that we, the lowly citizens, will never know. If you want to write to the legislature either yea or nay, go to scstatehouse.gov/email.php?chamber=B. _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ jsa-This is the letter that I sent to all in the legislature. If you send to all, you will get some standard form letters, and you will also get some stating that you must send to another email address to be read. They do not make it easy in all cases! ------------------ Jean Toal has been good at initiating reform of our court systems, and for that she should be commended, as the system is in dire need of improvement. Her initiatives should be carried forward. But it is time for someone new to take over, as some of her actions have put S.C. in a questionable ethical light and weakened the faith of citizens in the judiciary system, and S.C.s government as a whole. It is common knowledge that, in 2001, Chief Justice Toal was involved in hitting another vehicle and fleeing, claiming that she did not remember any such event when apprehended hours later. Again, in 2007, it was reported that she hit a car, looked around to see if anyone was looking, then left the scene. A witness reported the event. In both cases, the laws for the average S.C. citizen involved in vehicular crashes accompanied by fleeing the scene apparently were not applied; instead, the rumored privilege of a 3 to 4 hour wait before a DUI test was the only consequence. As competent as she may be on the bench, versus behind the wheel after her admission of drinking, these actions, coupled with the apparent advantages she received immediately following them, established her reputation as a scofflaw and still festers as a question of her integrity in the minds and hearts of the citizens. They expect, and this supports, that there is advantage to power, position and money in S.C. Her next term is very limited as she is supposed to retire at a certain age, 72, in 18 months. Unlike the other candidate who said he WILL retire at 72, she only said I Intend. I know I speak for many citizens, as I hear from many as a newsletter writer, and as an active participant in community affairs and politics, when I ask you to attempt to restore our citizens faith in, and respect for, the system of politics and justice by installing a new chief justice who will hopefully erase the stigma of advantage, and retire, as stated, in the established tradition of all previous and reputable judges. Thank you, Joseph Azar ------------------- pjmedia/jchristianadams/2014/01/27/time-for-south-carolina-chief-justice-jean-toal-to-retire/ wistv/story/22521310/chief-justice-jean-toal-to-seek-re-election fitsnews/2009/10/22/the-jean-toal-driving-experience-rolls-on/ noethics.net/News/index.php?option=com_content&view=article&id=1125:is-chief-justice-jean-toal-of-south-carolina-a-scofflaw-arrogant-a-moron-and-liar&catid=111:south-carolina-judicial-misfits&Itemid=82 thestate/2013/06/24/2832791/justice-pleicones-will-face-toal.html fitsnews/tag/jean-toal/ thestate/2013/11/07/3081753/scoppe-more-at-stake-in-chief.html
Posted on: Thu, 30 Jan 2014 06:02:45 +0000
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