Featured Cases

Forcing government officials to follow the law

After 34 years of distinguished service on the bench, Richland County Master-in-Equity Judge Joe Strickland faced an unexpected threat from politicians who refused to follow the law. Burnette Shutt & McDaniel was there to represent him in a case that quickly came before the South Carolina Supreme Court.

As a master-in-equity judge, Judge Strickland ruled in civil non-jury matters and foreclosures. Master-in-equity judges in South Carolina are appointed by the governor after receiving approval of the local delegation of state representatives and senators from the county.

In 2021, Judge Strickland was up for reappointment to another six-year term. The Judicial Merit Selection Commission had found Judge Strickland fully qualified for reappointment, praising his “outstanding reputation” and “great intellect.” He was, in fact, the only candidate the commission certified as qualified at that time. Under South Carolina law, that finding obligated the Richland County legislative delegation to submit his name to the governor for reappointment. Two years later, for reasons never explained, the delegation refused to do so.

Burnette Shutt & McDaniel co-founders Nekki Shutt and Kathleen McDaniel moved quickly to protect Judge Strickland’s rights and career. They took their request for an expedited writ of mandamus — a court order compelling a government body to perform a legal duty — directly to the South Carolina Supreme Court.

On August 2, 2023, the Supreme Court ordered the Judicial Merit Selection Commission not to accept or process new applications for Judge Strickland’s seat. A little more than a week later, the Supreme Court unanimously ordered the Richland County legislative delegation to submit Judge Strickland’s name to the governor as required by law.

The case was about more than one judge’s career. It’s about the principle that no one — not even lawmakers — is above the law. When government officials refuse to follow their legal obligations, the courts are there to hold them accountable. Burnette Shutt & McDaniel is there to help make that happen.

Media coverage

https://www.wistv.com/2023/07/20/longtime-sc-judge-sues-richland-county-lawmakers-keep-his-job/

https://www.wistv.com/2024/01/23/sc-house-rejects-richland-county-judges-appointment-after-lawsuit/

Disclaimer: Any information posted about cases is intended only to be representative of the firm’s practice. These examples are not intended to, and cannot be relied upon, to predict the results in any other case.

Links to third-party websites are not under the control of Burnette Shutt & McDaniel, PA, and our firm assumes no responsibility for the accuracy of the information contained on such websites.