H 4673 Resolution, By Davenport
 A HOUSE RESOLUTION REQUESTING THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME
 COURT TO INVESTIGATE AND RESPOND TO THE ACTION OF A CIRCUIT COURT JUDGE WHO
 EXHIBITED A SERIOUS LACK OF CONCERN FOR THE SAFETY OF THE SPARTANBURG
 COMMUNITY BY ORDERING THE RELEASE OF A PERSON CHARGED WITH A VIOLENT OFFENSE
 WHO HAS A LENGTHY CRIMINAL RECORD OF SEXUAL ASSAULT OFFENSES WHEN THE
 SOLICITOR'S OFFICE WAS NOT ABLE, BECAUSE OF REASONS BEYOND THEIR CONTROL, TO
 TRY THE CASE BY THE DEADLINE IMPOSED BY THE JUDGE, AND, WHEN THE CASE WAS
 SUBSEQUENTLY CALLED TO TRIAL, THE ACCUSED HAD FLED, IS NOW BEYOND THE
 CONFINEMENT OF A PENAL INSTITUTION, AND POSSIBLY THREATENS THE SAFETY OF THE
 COMMUNITY.

   02/24/00  House  Introduced HJ-4
   02/24/00  House  Referred to Committee on Judiciary HJ-4

REQUESTING THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO INVESTIGATE AND RESPOND TO THE ACTION OF A CIRCUIT COURT JUDGE WHO EXHIBITED A SERIOUS LACK OF CONCERN FOR THE SAFETY OF THE SPARTANBURG COMMUNITY BY ORDERING THE RELEASE OF A PERSON CHARGED WITH A VIOLENT OFFENSE WHO HAS A LENGTHY CRIMINAL RECORD OF SEXUAL ASSAULT OFFENSES WHEN THE SOLICITOR'S OFFICE WAS NOT ABLE, BECAUSE OF REASONS BEYOND THEIR CONTROL, TO TRY THE CASE BY THE DEADLINE IMPOSED BY THE JUDGE, AND, WHEN THE CASE WAS SUBSEQUENTLY CALLED TO TRIAL, THE ACCUSED HAD FLED, IS NOW BEYOND THE CONFINEMENT OF A PENAL INSTITUTION, AND POSSIBLY THREATENS THE SAFETY OF THE COMMUNITY.

Whereas, a convicted rapist with a thirty-four year history of sexual assault charges was released on a personal recognizance bond by a circuit court judge when solicitors of the seventh circuit could not, because of circumstances beyond their control, meet the judge's order to bring the case to trial; and

Whereas, the person accused has a history of violence against women and children that extends back to a 1976 criminal sexual assault charge for which he served a lengthy sentence; and

Whereas, since his release from that sentence, the accused has been charged with multiple counts of sexual assault offenses on two separate occasions; and

Whereas, the judge ordered the trial of the accused to begin by February 11, 2000, or he would order the accused released; and

Whereas, the judge did release the accused, while knowing of his long criminal record of violent offenses against women and children; and

Whereas, when his trial was called two weeks later, the accused was not present and his whereabouts were not known by his attorney; and

Whereas, by releasing the accused, the judge has put the community's safety at risk; and

Whereas, it is appropriate to question whether exceptional circumstances did not, in fact, exist, in order to keep the accused confined until his trial. Now, therefore,

The House of Representatives requests the Chief Justice of the South Carolina Supreme Court to investigate and respond to the actions of a circuit court judge who exhibited a serious lack of concern for the safety of the Spartanburg community by ordering the release of a person charged with a violent offense who has a lengthy criminal record of sexual assault offenses when the solicitor's office was not able, because of factors beyond their control, to try the case by the deadline imposed by the judge, and, subsequently, when the case was called to trial, the accused had fled, is now beyond the confinement of a penal institution, and possibly threatens the safety of the community.

Be it further resolved that a copy of this resolution be forwarded to the Chief Justice of the South Carolina Supreme Court.