Rachel Armstrong locked up for unpaid authorized charges to former State Rep. Mandy Kimmons.
On December 22, 2021, The Put up and Courier filed an astonishing information merchandise:
SC state lawmaker from Dorchester County abruptly resigns month earlier than begin of session.
The article had everybody asking why S.C. State Consultant Mandy Kimmons, who was additionally an legal professional, could be resigning. In a Fb publish Dec. 21, the two-term lawmaker mentioned she meant to shift her focus to her regulation observe and serving the local people, calling the selection to depart a “troublesome” one in her formal letter of resignation.
Have been these the true intentions of this Ridgeville Republican State Rep. Mandy Kimmons?
It seems she was making use of earlier than S.C. Senator Luke Rankin’s JMSC for an appointment to the S.C. Judicial Bench. Senator Rankin and his allies put their colleague on that very bench.
In her software to the JMSC, Mandy Kimmons even cited the Trotter v. Armstrong case (FLEX transfer?) to the JMSC bragging on (hardly ever awarded) legal professional charges.
Simply yesterday, Rachel Armstrong, a mom of a 6 yr outdated was locked up for unpaid authorized charges to Decide Kimmons for a interval courting again to when Mandy Kimmons was a lawyer.
Please notice that the choose who locked Armstrong up yesterday didn’t take into account a mom’s capability to pay in an obvious violation of Srivastava v Srivastava that states “A celebration’s capability to pay is a vital think about figuring out whether or not an legal professional’s price needs to be awarded, as are the events’ respective monetary situations and the impact of the award on every social gathering’s customary of dwelling.”
LOCKING UP A MOTHER OF A 6 YEAR OLD ON September 20, 2023
The mom of a 6 yr outdated is unemployed. The mom’s identify is Rachel Armstrong. She was arrested yesterday at a court docket look for unpaid authorized charges to Decide Mandy Kimmons.
As a former working towards legal professional Mandy Kimmons represented the daddy on this case. The court docket dominated that Armstrong was required to pay $7,500 of the daddy’s legal professional charges to the daddy’s lawyer, Mandy Kimmons.
The beneath requirements/tips seem to have been violated, when Rachel Armstong was arrested for these court docket mandated unpaid authorized charges to Mandy Kimmons whereas Kimmons was a working towards legal professional.
REASONS GUIDELINES WERE VIOLATED
(1) moral requirements clearly prohibit a lawyer-judge from working towards regulation within the choose’s personal court docket (Jud Regulation §16; Guidelines Governing Judicial Conduct §100.6[B].
(2) Precept 6.3. Enforcement of Authorized Monetary Obligations. As a basic proposition, in instances the place the court docket finds that the failure to pay was due to not the fault of the defendant/respondent however to lack of economic assets, the court docket should take into account measures of punishment aside from incarceration. Courts can not incarcerate or revoke the probation of a defendant/respondent for nonpayment of a Authorized Monetary Obligation until the court docket holds a listening to and makes one of many following findings: (1) that the defendant’s/respondent’s failure to pay was not on account of an incapacity to pay however was willful or on account of failure to make bona fide efforts to pay; or (2) that even when the failure to pay was not willful or was on account of incapacity to pay, no sufficient options to imprisonment exist to fulfill the State’s curiosity in punishment and deterrence within the defendant’s/respondent’s specific scenario. Article I, Part 9 of the S.C. Structure, which reads:
(3) SECTION 19. Imprisonment for debt. No individual shall be imprisoned for debt besides in instances of fraud. (1970 (56) 2684; 1971 (57) 315.)
And did Consultant Kimmons even wait a yr as she is required to do upon leaving the Statehouse?
Word: when Mandy Kimmons withdrew… hours earlier than taking the bench, the bench calendar was already revealed. She’d been a choose for a month PLUS the date when the order was filed in Might. She’d had 6 weeks or so on the bench.
From the Nationwide Heart for State Courts citing Matter of Filipowicz, 54 AD2d 3482d Dept 1976, that is well-established to be judicial misconduct;
Mom’s Unite to pay Armstrong’s Authorized Charges, however it will get even worse
Moms and Fathers who’re advocates for S.C. Judicial reform in S.C. have come collectively to pay Rachel Armstrong’s authorized charges. They need this mom out of jail, in order that they created a GO FUND ME PAGE.
Nonetheless, the legal professional who picked up the daddy’s case from Kimmons, Jennilee E. Pirtle, is making it virtually inconceivable for these involved residents to pay the invoice. NOTE THE TEXT BELOW….
This e-mail despatched a.m. right this moment to Pirtle from a involved resident.
I’ve not heard from you since my emails or voicemails along with your workplace and the quantity on file for Decide Kimmons at sccourts.org
As now we have been instructed a younger girl will stay incarcerated, not as a result of she is unwilling to pay cash Decide Kimmons has demanded, however as a result of you’ll not talk relating to remittance of fee, you will have positioned Ms. Armstrong in peril.
You’re violating her civil rights underneath Colour of Regulation. That is absolute false imprisonment.
The detention heart has now instructed Rachel Armstrong we will inform the Beaufort County Clerk’s Workplace you haven’t returned messages, so they might settle for fee in your behalf. If this isn’t in accord along with your understanding please contact me with velocity.
Subjecting a younger girl to incarceration after which stopping the avenue for her launch is a merciless and punishment. I’m additionally knowledgeable the detention heart workers are telling Ms. Armstrong she holds the important thing to her personal launch and all she has to do is pay the charges.
That isn’t true. The bottom line is being held by you and Decide Kimmons. Telling Ms. Armstrong it his her personal fault she continues to be in jail when she and all her supporters have made each effort to adjust to each directive can be merciless and weird punishment.
ATTORNEY PIRTLE’S RESPONSE TO RESIDENT
Resident advised Legal professional Pirtle, “Mentioned I used to be going to the sherrif’s workplace. Pirtle simply despatched me spoof website to pay. Card declined. Referred to as Financial institution of America, acquired all proof recorded. Faux website.“
Roughly 2 hours after our article was revealed, fee was accepted for Rachel Armstrong. MyrtleBeachSC Information is knowledgeable Mrs. Armstrong is being launched within the subsequent brief interval.