News Summary
A Beaufort County Probate Court employee is under investigation by SLED for unauthorized practice of law. The employee was terminated following the allegations, as the inquiry raises questions about procedural oversight and employee protections. Additional investigations into separate allegations of embezzlement are ongoing, prompting scrutiny of the court’s internal practices. Local officials express concerns about the handling of the case and the implications for legal integrity within the community.
Beaufort, South Carolina – A former employee of the Beaufort County Probate Court is currently under investigation by the South Carolina Law Enforcement Division (SLED) for allegations of unauthorized practice of law. The investigation was initiated upon a request from the 14th Circuit Solicitor’s Office on March 14, 2023, with SLED confirming its involvement on May 12, 2023.
Probate Judge Heather Galvin has indicated that the employee’s employment was terminated within 24 hours of the discovery of the alleged incident. However, details regarding the specific section of South Carolina’s Code of Laws that may have been violated are still unclear. The charge of unauthorized practice of law is governed by Chapter 5, Article 5 of the state’s laws, which delineates who is permitted to provide legal advice and represent homeowners and clients.
Convictions for unauthorized practice of law in South Carolina can lead to significant legal penalties, including felony charges and a maximum imprisonment of five years. The jurisdiction of the Beaufort County Probate Court encompasses a range of matters, including estates, trusts, guardianships, conservatorships, marriage licenses, and wrongful death settlements.
Related Investigations
In addition to the ongoing inquiry into the former court employee, SLED is also tackling separate allegations of embezzlement involving the Bluffton Township Fire District. The nature of these allegations has further complicated the oversight of legal affairs within the county.
Concerns about Internal Investigations
Boeufort County officials, including Sheriff P.J. Tanner and Solicitor Duffie Stone, have expressed dissatisfaction with the way the situation was handled, emphasizing that the matter should have been promptly referred to law enforcement rather than managed through an internal investigation. This internal investigation was led by newly-appointed Beaufort County Attorney Brian Hulbert after the issue was reported by Judge Galvin.
There have been raised concerns regarding whether the employee was adequately informed that any statements made during the internal review could potentially be utilized in a subsequent criminal investigation, which could ultimately jeopardize the integrity of the case. Under federal law, protections known as Garrity rights safeguard employees from having any statements made during internal investigations used against them in criminal proceedings.
After the internal inquiry was concluded, Sheriff Tanner found himself unable to engage in the criminal investigation due to prior exposure to the internal files. Such a scenario has prompted scrutiny over the appropriateness of the county attorney’s involvement in matters that straddle legal and criminal investigations, especially in light of past misconduct investigations within the county.
Background Context
The Beaufort County Probate Court plays a critical role in the administration of legal and estate matters affecting many residents. Ensuring that all practices within the court comply with established laws is paramount for maintaining public trust and the integrity of the legal system. Instances of unauthorized practice of law not only affect individual cases but can lead to broader implications for the community’s reliance on legal institutions.
The ongoing investigations underscore the importance of transparent practices within the legal framework of Beaufort County and reaffirm the necessity for proper protocols when allegations of misconduct arise. Community members are keeping a close watch on how these inquiries unfold, as the outcomes may shape future policies regarding oversight and accountability in their local legal system.
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Additional Resources
- Island Packet: Beaufort County Probate Court Investigation
- Encyclopedia Britannica: Probate
- Post and Courier: SLED Investigation
- Google Search: Unauthorized Practice of Law South Carolina
- Savannah Business Journal: Charges Filed Against Probate Judge
- Google News: Beaufort County Probate Court
