Legal Notice
If you are struggling financially and owe, or may in the future owe, fines, fees, court costs, assessments, or restitution in cases handled by Lexington County magistrate courts, a settlement in a class action lawsuit may affect your rights.
WHAT IS THE PURPOSE OF THIS NOTICE?
A settlement has been proposed in a class action lawsuit brought against Lexington County. The lawsuit alleged that Lexington County has underfunded public defense in the County’s magistrate courts and caused systemic violations of the Sixth Amendment to the United States Constitution. The Sixth Amendment requires access to counsel for every criminal defendant who faces the possibility of incarceration. The lawsuit is called Brown et al. v. Lexington County et al., Civil Action No. 3:17-cv-01426-SAL, and is pending in the United States District Court for the District of South Carolina. The Court authorized this notice to inform class members about the settlement. Before the settlement is finalized, the Court will have a hearing to decide whether to approve the settlement.
WHO IS INCLUDED?
The proposed settlement applies to the following Class: All indigent people who currently owe, or in the future will owe, fines, fees, court costs, assessments, or restitution in cases handled by Lexington County magistrate courts.
WHAT IS THIS CASE ABOUT?
The lawsuit alleged that poor people facing actual or suspended incarceration sentences in traffic and misdemeanor criminal cases in Lexington County magistrate courts have been routinely denied assistance of counsel during court proceedings and after arrest for nonpayment of court fines, fees, costs, assessments, or restitution. The lawsuit further alleged that this resulted in systemic violations of the Sixth Amendment to the United States Constitution and that the root cause was the failure of Lexington County to adequately fund public defense. The County denies that it did anything wrong but has agreed to a settlement that will resolve these claims.
WHAT DOES THE SETTLEMENT PROVIDE?
The proposed settlement provides certain benefits for the Class. Lexington County has agreed to fund new public defender positions for the County’s magistrate courts as well as administrative support for these positions. Specifically, the County will provide funding to hire three new attorneys, one of whom will have supervisory experience, a new paralegal, a new administrative assistant, a new investigator, and a new social worker. All these positions will be dedicated exclusively to assisting people facing charges in the Lexington County magistrate courts. The County will also increase the salaries for the attorney positions, six in all, so that the County can attract more candidates.
This funding will increase the total amount dedicated to public defense in the County’s magistrate courts by more than three times the pre-settlement level and sets a new annual minimum for public defense funding that the County cannot reduce. Under South Carolina law, Lexington County must make budget appropriations every year to ensure no diminishment in the baseline.
Lexington County will ensure that the public defender’s office has sufficient space and equipment to accommodate the additional staff. Additionally, Lexington County will work in good faith to provide space in the magistrate court for public defenders to meet privately with their clients and to coordinate court schedules to maximize the availability of public defenders to magistrate court defendants.
Under the proposed settlement, Lexington County has agreed that the lawyers representing the Class are entitled to payment of attorneys’ fees and costs for the work they have done in relation to this aspect of the lawsuit. The amount of the fees and costs to be paid is in dispute and will be decided by the Court.
If the settlement is finally approved by the Court, Class members will not be able to sue Lexington County for allegedly failing to adequately fund public defense through the settlement’s effective date.
WHAT IF I WANT TO OBJECT TO THE SETTLEMENT?
If you are a member of the Class and you disagree with the settlement, you may submit a written objection to Class Counsel, which will be considered by the Court at a final fairness hearing. You may also ask to speak at the hearing. To submit an objection, please send a letter with your name, address, telephone number, and the name and number of the case, along with a statement of the reasons why you believe the Court should find that the proposed settlement is not in the best interests of the Class. You must file your objection with the Court by mailing it to the address below, postmarked on or before February 27, 2023:
United States District Court for the District of South Carolina
Brown v. Lexington County, Civil No. 3:17-cv-01426-SAL
Matthew J. Perry Court House
901 Richland St., Columbia, SC 29201
WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
The Court will hold a hearing on the proposed settlement on March 2, 2023, at 10:00 a.m. in Columbia #3, Matthew J. Perry Court House, 901 Richland St., Columbia, SC 29201. The hearing is open to the public.
IF THE SETTLEMENT IS APPROVED, HOW CAN I ASK FOR AN ATTORNEY TO REPRESENT ME?
If you have been charged with a criminal offense that carries a potential jail sentence and your case is pending in a Lexington County magistrate court, you may tell the judge that you would like an attorney to be appointed to represent you. You may also contact the Lexington County Public Defender’s Office by calling 803-785-8873 or visiting 202 East Main Street, Lexington, SC 29072.
For more information, call 855-349-7023.