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In re Nelson6/5/2000
In the Matter of Nelson
Submitted May 23, 2000
PUBLIC REPRIMAND
PER CURIAM
In this judicial grievance matter, respondent and Disciplinary Counsel have entered into an agreement under Rule 21, RJDE, Rule 502, SCACR. In the agreement, respondent, a former magistrate for Greenville County who resigned on August 31, 1999, admits misconduct and consents to a public reprimand. We accept the agreement and publicly reprimand respondent, the most severe sanction we are able to impose in these circumstances. The facts in the agreement are as follows.
Financial Matters
In his capacity as a magistrate, respondent would set bond on defendants arrested by law enforcement authorities and collect bond when it was paid. Respondent was required to deposit the bond money into his magistrate bank account at Palmetto Bank, not more than five days after receipt of such funds. Respondent, however, engaged in a pattern of late submission of bond money.
When three checks representing bond payments, written by respondent to the Chief Administrative Magistrate, were returned, Disciplinary Counsel contacted respondent to discuss how he attended to the bonds that he collected. Respondent informed Disciplinary Counsel that he had just deposited $3,000 into the magistrate account. When asked to identify the source of that $3,000, respondent replied that it came from a bureau drawer in his home where he kept all of his money.
Respondent further explained that after performing night bond duty, he would place all cash on his person into that drawer. However, the cash in the drawer also represented money from his small business. Respondent further stated that he did not keep records as to which defendant had submitted what amount of money. He also commented that his personal money and the court's money could have mixed together.
Bank Account Matter
During respondent's tenure, he incurred ten insufficient funds fees on his official account, at $24 each, for a total of $240. On May 31, 1999, the account had a negative balance. However, respondent made several large deposits to the account in June 1999. The deposit slips respondent prepared did not identify a particular defendant with a particular bond, or state an identifying date. Although respondent had made those large deposits in June, a check sent by respondent to another magistrate was returned for insufficient funds on August 3, 1999.
Respondent had several deficiencies in his bookkeeping. Further, he wrote checks to other magistrates or clerks of court, but then failed to deliver or negotiate those checks until weeks later.
Seminar Matter
Respondent and a municipal court judge conducted two seminars, known as "Summary Court Judges' Shoplifting Prevention Seminars." The fee to attend was $15 per person. Respondent filed an Annual Disclosure Statement of extra judicial income, but did not disclose income received from the seminars. He is exempt from the portion of the form requiring disclosure of extra judicial income because he was a part-time judge; however, he checked the block marked "No" as to extra: judicial compensation.
Demeanor and Behavior Matters and Greenville County Detention Center Matter
Following complaints about respondent's use of tobacco products in areas of the Greenville County Detention Center where their use is forbidden, one day respondent demanded upon entry into the Center to be frisked prior to crossing the booking area of the Center. He demanded to have any contraband removed from his person and an inventory made of his personal property. He also demanded to
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