SC judge gives green light to misconduct trial of Sen. Courson

S.C. Circuit Judge Carmen Mullen cleared the way Tuesday for special prosecutor David Pascoe to try state Sen. John Courson on charges of misconduct in office.

In a four-page ruling, Mullen said Pascoe clearly had jurisdiction to prosecute the Richland County Republican, who was indicted by a State Grand Jury in March on charges of using campaign money for personal expenses, as well as misconduct in office

In a hearing last week, Courson attorney Rose Mary Parham had argued Pascoe only had been authorized to investigate two other state lawmakers – Reps. Rick Quinn, R-Lexington, and Jim Merrill, R-Berkeley — and not Courson.

Parham argued that, in 2016, the S.C. Supreme Court had limited Pascoe to investigating only the two lawmakers named in a confidential State Law Enforcement Division report as being suspected of public corruption.

Pascoe’s investigation and, subsequent, indictment of Courson was only by chance – growing out of his investigation of Quinn and Merrill. Courson says he is innocent; he has been suspended from office.

In her Tuesday ruling, Mullen called Parham’s argument that Pascoe’s authority was limited “absurd.”

“For this court to hold that Solicitor Pascoe’s authority is limited solely to the two redacted legislators and therefore render him unable to pursue any other alleged wrongdoers uncovered by his investigation would lead to ... (an) absurd result,” Mullen wrote.

Last week, Pascoe told Mullen that if she accepted Parham’s argument, it would allow “Mr. Courson to get a free pass in this investigation, and that makes absolutely no sense whatsoever.”

Merrill recently pleaded guilty to misconduct in office and resigned from the House.

Quinn has been indicted on two counts of misconduct. Quinn, who maintains his innocence, has been suspended from office as he awaits trial.

Parham said she will file a formal motion with the judge, asking for her ruling to be reconsidered. Such a step is necessary before any appeal to the S.C. Supreme Court.

John Crangle, an observer of ethical issues in the S.C. General Assembly, said Tuesday the judge’s ruling also gives Pascoe the power to investigate other legislators if he finds evidence of wrongdoing. “This ruling has importance beyond Courson.”

In her ruling, Mullen also rejected Parham’s motions to the dismiss charges against Courson. Parham had asserted misconduct in office is not indictable.

Mullen did not mention a reference Parham made at the hearing to Pascoe’s Democratic Party affiliation – and the fact that the four legislators that the special prosecutor has indicted, so far, are all Republicans.

No date has been set for Courson’s trial. Both Pascoe and Parham have asked for a speedy trial.

Courson’s indictment in late March stunned almost all who knew him. For years, Courson, 72, elected in 1985, has been cited for his leadership in ethics reform, the environment and education.

The State Grand Jury indictment accused Courson of unlawfully getting money by paying campaign money to his political consultant, Richard Quinn & Associates, and, within a day or so, getting a check back from the firm made out to him personally.

This story was originally published October 17, 2017 at 1:15 PM with the headline "SC judge gives green light to misconduct trial of Sen. Courson."