As reported by: Sandy Glenn, LM MBC
Date: Sat, Jan 11, 2025 at 7:55 PM
Subject: Judicial Merit Selection Commission Quashes Felony Evidence
Proof that Judge Rochelle Conits fabricated a hearing and submitted findings of the supposed hearing in to the court record could be classified as a felony under SC. Code SECTION 16-9-10.(A)(1) * which would not be protected by judicial immunity.
The Judicial Merit Selection Commission (JMSC) not only refused to place the evidence in to the hearing record, they also neglected mandatory investigation requirements even after receiving the court stamped documents attached to a judicial complaint. “We are not a super-court,” stated Andrew N. Safran, House Appointee of the JMSC; indicating that it is not the job of the JMSC to investigate a judge, but his statements directly contradict the actual duties of the commission.
Despite complainant Cynthia Glenn having submitted the evidence of the misconduct of Judge Rochelle Conits to the JMSC in a timely manner, the commission waited until the actual qualification hearing to tell Glenn that because Conits had sealed the case record (presumably to protect Glenn) that the JMSC would not accept the documentation as evidence nor would they ask for permission to verify the validity of the evidence from from Greenville Family Court or from the State Court of Appeals. These actions are in direct violation of South Carolina Code of Laws regarding the responsibilities of the commission.
Judge Rochelle Conits
According to policy and statute, a hearing is not to be set until the investigation is complete and the commission is to utilize the services of any state agency and the agency is required to cooperate.***
In the JMSC hearing for Judge Rochelle Conits, Glenn asked, “So all a judge needs to do to hide misconduct is to seal the records and then this committee is powerless?” The JMSC declined to answer.
JMSC Chairman Luke Rankin also declined to answer as to how long the record would be held open so that Glenn could resubmit the sealed records with permission from Family Court or the South Carolina Court of Appeals. Unlike every other hearing notice as recorded in transcript, Rankin failed to inform Glenn that the hearing record is not closed until the formal release of the JMSC report of qualifications.
Glenn has submitted a motion to publicly open the case file to Greenville Family Court, but the hearing for Judge Rochelle Conits is on the docket for March 17, 2025; long after the General Assembly judicial elections and despite gaining the permission of the SC Court of Appeals to get the same records used in the appeal on December 9, 2024, Glenn has yet to receive the appellate court stamped record that can be added to the complaint.
Glenn believes that “every attorney on that commission is now duty bound to report Judge Rochelle Conits to the bar association or solicitor because they all have proof of her misconduct”** and that the JMSC has neglected the duties of the offices.
* SECTION 16-9-10.(A)(1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record, judicial, administrative, or regulatory proceeding in this State. (2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.
**SC Rules Governing the Practice of Law Rule 8.3 (d) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s honesty, trustworthiness, or fitness for office in other respects shall inform the appropriate authority.”)
***JUDICIAL MERIT SELECTION COMMISSION Policies and Procedures
The commission will, however, seek to ensure that all candidates follow the Code of Judicial Conduct’s prohibitions against certain extra-judicial activities and its rules governing the use of judicial office. The commission will investigate to determine whether a sitting judge has misused his or her office for such purposes in the past.
The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law.
When presented a list of candidates from its area, the committee shall begin the process of reviewing that candidate’s qualifications. The committee for each region shall divide into subcommittees of not less than three members to investigate the candidates for its region.
Code of Laws
§ 2-19-20: Investigation by Commission; publication of vacancies. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to occur in the administrative law judge division and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination. (D) …Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. This agency shall, upon request, shall cooperate fully with the commission.
§ 2-19-35: Criteria for investigations and consideration of Commission. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court.
§ 2-19-60: Powers of Commission. The Judicial Merit Selection Commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the candidate.
SECTION 2-19-30 Hearings; executive session. (A) Upon completion of the investigation, the chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications of the candidates.
The Judge Rochelle Conits article is an ongoing story. MyrtleBeachSC News will keep readers updated.
Local News Via - MyrtleBeachSC.com
