McCoy funds at issue

State Rep. Anne Peterson Hutto says she's concerned that her opponent Peter McCoy is accepting campaign contributions from lawyers whose clients he is prosecuting as an assistant Ninth Circuit Solicitor.

McCoy says Hutto is trying to distract voters from her record and that most of the lawyers who have donated to his campaign have known him for many years and are expecting nothing in return.

"They've been friends of mine for a long time. This doesn't have anything to do with cases. It has nothing whatsoever to do with cases," he said. "If somebody is wanting something (in exchange for their donation) ... then that's completely inappropriate, and I would never do anything like that."

At issue are more than a dozen donations that McCoy listed on his recent campaign disclosure form. The lawyers also represent clients with criminal cases, some of which McCoy has handled or is handling.

Hutto, a James Island Democrat, said, "It looks bad. It suggests a lack of integrity and certainly would cause me to question how Mr. McCoy does his job. ... This is not the way we want our judicial system to function."

McCoy, a Republican who faces Hutto and third-party candidate Eugene Platt in the District 115 House race on Nov. 2, said he has discussed his campaign with his boss,

Ninth Circuit Solicitor Scarlett Wilson.

"I've gotten money from teachers, lawyers, doctors, police officers, business owners, a wide range of people, Republican and Democrat," he said. "Attacking me in this kind of light is trying to distract from her voting up there."

A judicial ethics expert says the issue is more political than legal. Such contributions are OK, as long as they're reported. Solicitor candidates routinely collect campaign cash from defense lawyers.

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Dr. Gregory Adams, a University of South Carolina law professor who focuses on judicial ethics, said the state has no rules that prohibit such contributions. Lawyers tend to be more politically active and donate more often to campaigns. They also usually know other lawyers well.

"The way we deal with these conflicts of interest is to require disclosure," he said. "I really don't see an ethical problem with it. It's obviously a subject that voters can consider and exercise their discretion as to which candidate they like the best."

The District 115 race is one of the few competitive Statehouse contests this fall.

Reach Robert Behre at 937-5771 or rbehre@postandcourier.com.