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In re Charleston Municipal Court Judge Mendelsohn10/24/2005
30 a.m.
Respondent represents his contact with Magistrate Gosnell and others was only for the purpose of determining the validity of the Mount Pleasant bond procedure, which he believed to be illegal, and was not to obtain preferential treatment or to be excused from the established procedure. Respondent acknowledges, however, that his contact with other judges concerning his ability to post bond has the appearance of seeking preferential treatment.
Respondent further represents he did not ask Magistrate Gosnell to set a bond outside the established procedure. Respondent asserts that, although he did have personal contact with Magistrate Gosnell, he was not aware of all of Magistrate Gosnell's actions because he was involved in the booking process at the detention center and, at some point, was placed in a cell.
Additionally, respondent represents his recollection is cloudy inasmuch as he was under the influence of alcohol. Respondent contends he has no personal knowledge as to the individual actions and conversations of Magistrate Gosnell and others and that he learned of their activities only after the complaint in this matter was filed. However, for purposes of this Agreement, respondent does not dispute the allegations.
Respondent agreed to and did forfeit bond on the DUI and open liquor offenses.
To the best of ODC's knowledge, respondent has been forthright and cooperative in this matter.
LAW
Respondent used his judicial office to evade the policies of the arresting jurisdiction in order to obtain a non-scheduled bond hearing and early release from jail. His misconduct violated the following Canons of the Code of Judicial Conduct, Rule 501, SCACR: Canon 2 (judge shall avoid impropriety and the appearance of impropriety in all activities); Canon 2A (judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary); and Canon 2B (judge shall not lend the prestige of his judicial office to advance the judge's private interests). By violating the Code of Judicial Conduct, respondent has also violated Rule 7(a)(1) of the Rules for Judicial Disciplinary Enforcement, Rule 502, SCACR (it shall be ground for discipline for a judge to violate the Code of Judicial Conduct).
CONCLUSION
We accept the Agreement for Discipline by Consent and issue a public reprimand. Accordingly, respondent is hereby reprimanded for his misconduct.
PUBLIC REPRIMAND.
TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.
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