www.greenvilledemocrats.com “Like” us on Facebook “Greenville County Democratic Party” July 2016 A message from our Chair PARTY LEADERSHIP July 17, 2016 Kate Franch Last week in Dallas, President Obama candidates, Greenville County Chair spoke following yet another week of cast an Dexter L. Reaves tragedy. In his comments, he reiterated, informed 1st Vice Chair with a new set of words in yet another vote, and memorial service, “I see what’s possible seek candi- Grady Patterson when we recognize that we are one dates for 2nd Vice Chair American family, all deserving of equal future treatment.” I know that many of us are elections Whitney Wright asking when will those words no longer who will Kate Franch, GCDP Chair 3rd Vice Chair be an aspiration, but finally reflect the work for necessary reforms. everyday standard of American life? We will have two knowledgeable and Gaybriel Gibson Secretary Are the recent deaths of Alton connected speakers at the party breakfast Sterling, Philando Castile, and Dallas on July 23: Mr. John Mauldin, Chief Anita LeBold Police Officers Brent Thompson, Patrick Public Defender of the 13th Judicial Treasurer Zamarippa, Michael Krol, Lorne Ahrens, Court, and Mr. Jalen Elrod, Greenville and Michael Smith the long awaited County community organizer. They will Christopher Shipman tipping point? Will Americans finally share their perspectives on recent events State Executive commit to addressing the systemic and their respective visions of systems Committee Delegate racism that endures throughout our for ensuring fair and equal justice. In this Ingrid Erwin culture and all levels of society? Will issue of the Bray, we are including links State Executive there also be the long overdue movement to some resources in the event that you’d Committee Delegate to reform access to guns, the violence like more background information before and vitriol directed at so many through- the meeting. We hope you’ll join us for Roxanne Cordonier out the country, the unequal treatment what promises to be a stimulating discus- State Executive that pervades our criminal justice, sion. Committee Alternate educational, and economic systems . Also, we are planning a purely social and the many other critical issues facing event on Thursday, July 28 – a conven- Michael McCord State Executive us? tion watch party on the last night of the Committee Alternate As Democrats, our focus is on achiev- Democratic National Convention in ing progress through the political system Philadelphia. Hillary Clinton will make Jake Erwin that directs the governing system on history when she officially becomes the Voter Protection Chair which our country was founded. As we Democratic Party candidate for President know, the upcoming election will take and who better to celebrate with than The Greenville County place that will help determine at national, your fellow Greenville Democrats. We Democratic Party Man- state, and local levels whether the will cheer on our convention delegates, agement Team meets on questions we are asking will even be The Honorable Dick Riley and Candy the 2nd Tuesday of each actively addressed. As we prepare for Fletcher, as they cast votes on our behalf month at 5:30pm at November 8, we should learn as much as and eat, drink, and be merry together - Headquarters. Anyone possible about these issues so that we look for details in this issue and please may attend. can ask challenging questions of the mark your calendars! 1 Summary Injustice: A Look at Constitutional Deficiencies in South Carolina’s Summary Courts When a person is accused of a crime and faces loss of • The accused in these South Carolina courts are life or liberty as punishment, the U.S. Constitution rarely represented by lawyers. Many times they are guarantees that person the right to a lawyer even if he not even told of their right to have a lawyer, much or she cannot afford one. The U.S. Supreme Court less at the state’s expense. In the few courts observed affirmed this basic principle more than a half century where the accused were informed of their rights to a ago in Gideon v. Wainwright, and in subsequent cases lawyer and a trial, that advisement was often that expanded the right to misdemeanor prosecutions. conducted in a group or by video, with no individual Yet it is violated routinely every day in South Carolina inquiry into a particular defendant’s understanding of courts, where scores of people are convicted, these rights and what it meant to waive them. sentenced, and sometimes incarcerated, without having • Poor people accused of low-level offenses in these been represented by counsel. This paper documents the courts suffer disproportionately throughout the constitutional violations observed by attorneys with the process. Many judges offer a “choice” to defendants: National Association of Criminal Defense Lawyers pay a fine or spend time in jail. If the accused cannot (NACDL) and the American Civil Liberties Union afford the fine, or the judge simply suspects the (ACLU) in 27 different courts throughout the state accused will not be able to pay the fine, that person during several weeks between December 2014 and will be sentenced to jail merely because she is poor. July 2015. In short, this report demonstrates that summary courts In South Carolina, the bulk of criminal cases are in South Carolina often fail to inform defendants of the low-level offenses heard in municipal and magistrate right to counsel, refuse to provide counsel to the poor courts, collectively referred to as summary courts. at all stages of the criminal process, and force defen- Towns are not required to have municipal courts; each dants who cannot afford to pay fines to instead serve town chooses whether to establish such a court. time in essentially a debtor’s prison. These are uncon- Because these courts are money makers, through the scionable and unacceptable practices that cause signifi- generation of fines and fees from defendants, many cant harm and must be remedied. These abuses towns have created them. Across the state, there are masquerading as “justice” are a corruption of the legal more than 400 magistrate and municipal courts. In process and an embarrassment to the people of South 2013, South Carolina municipalities netted over $20 Carolina. Unfortunately, the many constitutional million in assessed fines from municipal courts. violations documented in this paper may be merely the • In many of these courts, not a single lawyer is tip of the iceberg of injustices being committed against involved in the entire criminal proceeding. Munici- people in South Carolina. pal and magistrate judges are not required to be The denial of fundamental constitutional rights in lawyers, the police frequently function as the pros- South Carolina’s summary courts urgently calls for ecutor, and defense attorneys are scarce. Despite the comprehensive study and real solutions. Accordingly, absence of lawyers — and the constitutional require- additional investigation is underway to systematically ment that defendants be provided a lawyer — gather data from magistrate and municipal courts in individuals in these courts face criminal charges that several counties across the state. The study will exam- carry serious consequences, including jail time. ine the procedures used in municipal and magistrate • Lack of counsel is also prevalent prior to trial in courts to understand the degree to which the court South Carolina, at the stage where defendants are procedures comply with constitutional requirements. A legally presumed to be innocent. Accused individuals second report detailing the findings of that research is are not provided counsel during bond hearings, when forthcoming later in 2016. the judge determines whether someone will be held 2016 – A report from the National Association of in jail following arrest. Poor people who cannot Criminal Defense Lawyers, afford to pay even a modest bond amount end up the ACLU, and the ACLU of South Carolina imprisoned in jail until their cases are adjudicated. As a result, many people often serve the maximum See Citizens Review of Police Review: possible sentence prior to being found guilty or, as in Approaches & Implementation on pages 4, 5 & 7 some cases, not guilty. 2 Food, drink, and TVs provided 901 Anderson Road Upcoming Meetings Confirmed for Thursday’s DNCC Greenville 29601 & Events 2016 schedule: (Details below) Theme: Stronger Together (More September 30, 2016 (Friday) July 23, 2016 (Saturday) 8:30am details below) GCDP Breakfast Meeting 2016 SCDP Jefferson Jackson Dinner Pleasant Valley Connections August 08, 2016 (Monday) 12:15pm and Dem. Women Monthly Meeting 510 Old Augusta Road October 1, 2016 (Saturday) Southern Fried Green Tomatoes Greenville, SC 29605 (Details below) John Spratt Issues Conference 1175 Woods Crossing Road Columbia Metropolitan Convention July 28, 2016 (Thursday) 7:00pm Greenville, SC 29615 (Details Center until below) The SCDP is reserving a block of Convention Watch Party approximately 75 hotel rooms in the Pleasant Valley Connections August 13, 2016 (Saturday) 8:30 - 10:30am vicinity of the Convention Center. 510 Old Augusta Road NAACP Greenville Branch Life Greenville, SC 29605 Watch the website scdp.org for Membership Prayer Breakfast Cost = $10 at the door information. Fuller Normal Industrial Institute GCDP July Breakfast Meeting GCDW August Meeting Join us for an insightful look at the problems of and Former governor of South Carolina, Richard (Dick) reforms needed in the criminal justice system from the