Toal tells courts to clear DUI jam

S.C. Supreme Court Chief Justice Jean Toal has ordered the state's magistrate and municipal courts to clear a statewide backlog of thousands of simple DUI and driving with unlawful alcohol concentration cases, giving officials four months to move their dockets.

The directive covers jurisdictions across the state -- including counties, cities and communities of all sizes. Folly Beach, with a backlog of just 11 cases, is at the lower end locally, while North Charleston has a huge docket to get moving with more than 560 cases covered by Toal's order.

The press to expedite the cases came after Department of Public Safety Director Mark Keel approached the chief justice about frustrations state troopers had with delays in closing prosecutions, diverting them from highway patrol time to attend to cases that weren't being called.

Based on what Keel said, Toal issued a statewide directive that calls for non-jury cases older than 60 days and jury cases older than 120 days to be closed in the coming months.

"I don't point the finger at any one factor," Toal said during a phone interview last week. "I think resources has a lot to do with it." She did refer to a shortage of judges in the state as a contributor.

Other factors include party-requested continuances that have delayed cases, some going back years.

Also, there is a pattern of lawyers being called in to settle matters in higher jurisdiction courts -- which seemingly take priority -- but have slowed the process.

Locally, Charleston County's magistrate courts report a backlog of 412 DUI and DUAC cases covered by Toal's order. Berkeley County has 227 such cases; and Dorchester County, 200.

Two of the three largest municipal courts in the region also have significantly large backlogs. North Charleston has 566 such case; the city of Charleston reported 436. Mount Pleasant trailed at 205.

North Charleston city attorney Brady Hair said Toal's order provided a motivator to get the docket moving. "We recognize we need to step up our prosecution efforts," he said.

Some of the reasons for the backlog was that municipal courts are considered "the bottom of the food chain" in local lawyer priority, he said. "Every court trumps our court."

Also, he said requests for jury trials are a more common "delay" tactic than they were 20 years ago, Hair said. The city now has a staff of three prosecutors to press the cases, including former Charleston County Councilman Paul Thurmond who was hired on a part-time basis.

Toal's order calls for a wide degree of cooperation to get the cases cleared, empowering local court administrators to set terms of court as necessary.

No continuances can be granted "except for good and sufficient cause set forth in writing" and approved by chief administrators.

Charleston County Bar Association president John Massalon said it was too early in the process to determine what the bar's involvement would be in coordinating movement of the local cases, if any.

Ninth Circuit Solicitor Scarlett Wilson said her office was provided a DUI prosecutor through a grant to help move highway patrol cases who can help in some of Charleston County's more active magistrate courts, including in North Charleston and West Ashley.

Reach Schuyler Kropf at 937-5551.