5th Circuit Solicitor Johnson's backlog of cases includes politicians

Fifth Circuit Solicitor Dan Johnson's office has a backlog of more than 11,000 criminal cases waiting to be tried in Richland and Kershaw counties — 9,953 cases in Richland alone.

That Richland backlog is the third highest in the state, according to statistics on file with the S.C. Judicial Department.

But although that number seems high, it is not nearly as bad as it seems, said Johnson in an email to The State newspaper on Friday, less than three weeks before he faces opposition in the June 12 Democratic primary. Johnson, whose office spending also has prompted an FBI investigation and questions about his leadership, is seeking a third four-year term.

To understand the backlog, Johnson said, consider:

▪ The 5th Circuit, with more than 1,000 law enforcement officers in Richland counties, generates thousands of criminal cases every year. Richland, with its 9,953 pending cases, is one of state's most urban areas. The other two largest urban counties are Charleston, with 10,764 pending cases, and Greenville, with 15,024.

▪ In 2017, the 5th Circuit Solicitor's Office disposed of 8,500 cases and had 9,450 new cases. "We are disposing of an average of over 200 cases each week," Johnson said.

▪ The average length of time for a case in the 5th Circuit to be disposed of is 330 days. "However ... every case is different, and as such, the time needed to resolve each case is determined by the elements of the offense," Johnson said.

The backlog also includes some cases with political overtones, raising questions about delays in those cases and the backlog in general.

Byron Gipson, the Columbia lawyer challenging Johnson for his seat, said a delay in a case with political overtones "is the kind of conduct that causes people to lose confidence in the judicial system. Too many people feel that a select few receive favoritism in our judicial system. There should be no difference in how people are treated regardless of their political influence."

Johnson said he has played no role in the delays. "I do not play politics with cases," he added.

Neighbors 'stuck' during delay

One high-profile delayed case involves Moe Baddourah, Columbia City Council member whom Gov. Henry McMaster suspended from office after criminal charges were brought against him.

In July 2016, Baddourah was charged with criminal domestic violence second degree in what seems a simple case: He slammed a car door on his then-wife's leg in a parking lot when she took him by surprise and, he said, snatched his cellphone out of his hand. At the time, the two were going through a bitter divorce.

In March 2017, McMaster suspended Baddourah from his city council post.

Joe McCulloch, Baddourah's lawyer, told The State newspaper he has tried to get a trial date so Baddourah can have a trial. If Baddourah is found not guilty, he can resume his seat on the council. A guilty verdict will cost him his seat.

However, McCulloch said he has been told that the prosecutor assigned to the case, Luck Campbell, is busy with murder trials and has not set a date.

Attorney Toby Ward, who represents Baddourah in a civil case over whether McMaster had authority to suspend Baddourah, questioned why Campbell was assigned to handle Baddourah's case. Campbell is a veteran prosecutor usually assigned to high-profile murder and violent crime cases — not simple criminal domestic violence cases, Ward said.

"Campbell should work on cases she's best suited for — not this relatively minor alleged crime," Ward said. "Her inability to devote time to this matter affects Moe's constituents and, ultimately, the city of Columbia."

Solicitor Johnson and McCulloch, Baddourah's attorney, disagree over what's holding the case up.

Johnson said the defense is somewhat to blame. Both the state and the defendant have been seeking records from a state agency relevant to the case, and the records have not been received. Johnson also said the prosecution has asked the defense for trial dates as recently as Monday, but "We are still awaiting a response," he said.

McCulloch said those state agency records aren't relevant, and said he has provided trial dates, "but I was most recently told this matter couldn't be tried until late summer or the fall because of Ms. Campbell's murder trial schedule."

Meanwhile, Baddourah's constituents say they are left in the lurch.

Fred Easley, president of the Melrose Neighborhood Association, said his neighborhood and others in Baddourah's Council District 3, have been deprived of representation on city council by both McMaster — who suspended Baddourah — and Johnson.

"We're stuck because the solicitor's office won't do anything," Easley said.

Delays 'not excessive'

In another example, Kelvin Washington, a former Richland County Council member, was charged with felony DUI in February 2016 after a horrific incident in Lower Richland that seriously injured a person riding in another car.

Twenty-seven months later, Washington's case has yet to be set for trial.

According to S.C. MADD, the Mothers Against Drunk Driving advocacy group, the usual time for a felony DUI case to get to trial is 18 months.

Washington, who is out on bond, is the son-in-law of former Richland County council member Bernice Scott, a Johnson supporter who is influential in the Lower Richland area, a Democratic Party stronghold in the county.

Washington's lawyer, Mike Duncan, has made two continuance motions, which were granted by a judge. One delay allowed Washington to work for a year at a high-paying job in the Caribbean. The other was because Washington's daughter was being married.

Duncan, who said he has more than 25 years' experience in criminal cases in Richland County, said delays in his case are not excessive.

Johnson denied any role in the delay, saying that if delays are factored out, "the timeline for final resolution will likely be around 18 months."

Carl Solomon, the lawyer for the victim in the Washington felony DUI case, declined comment.

This story was originally published May 25, 2018 at 7:53 PM with the headline "5th Circuit Solicitor Johnson's backlog of cases includes politicians."