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Monday, July 26, 2010

 

BONNEAU POLICE CHIEF IS DETAINED, BUT NEITHER JAILED NOR BOOKED

The Post and Courier reported in "Bonneau chief is detained over cash:"

Officers detained the Bonneau police chief Wednesday at Berkeley County Family Court until he paid money that he owed.

Franco F. Fuda, chief of the small Berkeley County town's three-person police department, was never actually arrested or taken to jail, said Dan Moon, public information officer for the Berkeley County Sheriff's Office.

Moon said he knew few details about the case, but he said either Berkeley County sheriff's deputies or Bonneau police officers detained Fuda and held him at Family Court until about 3:30 p.m. "He was never technically in our jail at all; he came up with the money he needed," Moon said.

The Berkeley County Detention Center has no record of Fuda being held there, and Berkeley County Family Court was unable to deny or confirm over the phone Fuda's having been in court.

Moon said he did not know what specific type or amounts of payments were due.

The action of the Berkeley County Family Court is unprecedented. Normally, a person who is held in Contempt is booked immediately after being found in Civil Contempt. We are not arguing that that is the appropriate way to handle these cases. However, it is the standard way for the Court to handle civil contempt cases. Ask Greg Forman if you doubt us.

Those wishing to learn more about the issue of Civil Contempt in Family Court may want to read "DAVID BARDES DESCRIBES SC'S 'INHUMANE TREATMENT OF INDIGENT FATHERS THAT HAVE NO MONEY TO PAY CHILD SUPPOR'T" and "Supreme Court rejects claim that indigent is entitled to court appointed attorney to defend civil contempt." "'DEADBEAT' DAD NO MORE" may also be of interest.

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Monday, July 12, 2010

 
FURTHER THOUGHTS ON THE FAILURE OF S. 1257 TO PASS

Obviously, we are convinced that South Carolina’s failure to enact legislation mandating New Hire Reporting puts the State at risk of losing federal funding (see, "SOUTH CAROLINA'S FAILURE TO PASS SENATE BILL 1257--WHY IT MATTERS"). Still, those who care about this topic may want to obtain Senator Michael Rose's views on why he proposed S. 1257, why S. 1257 was amended in Committee, why it failed to pass the South Carolina Senate, and what he thinks the possible ramifications of the Senate's actions could be. As we noted in "THIRD READING OF SOUTH CAROLINA SENATE BILL 1257 FAILS," we are baffled by the Senate's actions. One would think that the South Carolina General Assembly learned its lesson in Jim Hodges, et. al. v. Tommy G. Thompson et. al.

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Tuesday, July 06, 2010

 
DAVID BARDES DESCRIBES SC'S "INHUMANE TREATMENT OF INDIGENT FATHERS THAT HAVE NO MONEY TO PAY CHILD SUPPORT"

Click here to read about Mr. Bardes' experience. According to Mr. Bardes, "The cost of incarnation in Charleston County is around $35,000 a year per inmate. Charleston County spends a $1,000,000 a year just to house innocent fathers that are down in their luck. It would be far cheaper to just pay the indigent parent child support payments directly."

We are unable to verify whether Mr. Bardes' figures are correct. However, his claims do raise the question "WHO IS BENEFITING FROM THE INCARCERATION OF 'DEADBEATS'?"

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