THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

In the Matter of Kenneth E. Johns, Jr., Respondent. 

Appellate Case No. 2016-001996 

Opinion No. 27677 

Submitted October 26, 2016 – Filed November 16, 2016 

DEFINITE SUSPENSION 

Joseph P. Turner, Jr., Senior Assistant Disciplinary 

Counsel, of Columbia, for Office of Disciplinary 

Counsel. 

John S. Nichols, of Bluestein Nichols Thompson & 

Delgado, LLC, of Columbia, for respondent. 

PER CURIAM: In this judicial disciplinary matter, respondent and the Office of 

Disciplinary Counsel have entered into an Agreement for Discipline by Consent 

pursuant to Rule 21of the Rules for Judicial Disciplinary Enforcement contained in 

Rule 502 of the South Carolina Appellate Court Rules (SCACR). In the 

Agreement, respondent admits misconduct and consents to the issuance of a public 

reprimand or a suspension of up to six (6) months. Respondent requests that any 

suspension be imposed retroactively to April 12, 2016, the date of his interim 

suspension. We accept the Agreement and suspend respondent from office for six 

(6) months, retroactive to the date of respondent's interim suspension. The facts, as 

set forth in the Agreement, are as follows. 

Facts 

An estate was opened in Oconee County for the estate of Z.H. Z.H.'s parents had 

filed a wrongful death suit on behalf of the estate against the Seneca Police 
 

Department. The case was settled with the family for the sum of $2,150,000. Due 

to the public nature of the case, the settlement received extensive press coverage. 

Despite the matter being before the probate court for administration of the estate, 

respondent expressed his opinion about the settlement on Facebook posting: "In 

the end it's all about the money. Always. Unfortunately, I see it EVERYDAY." 

Respondent later added: "Once ck is in hand, they'll disappear." 

A review of respondent's Facebook account revealed that he has made extensive 

political posts, including ones in which he appears to endorse the presidential 

candidacy of one candidate. A review of respondent's Facebook account further 

revealed a post in which he engaged in fundraising for a local church. 

Respondent's Facebook account identifies himself as the probate court judge for 

Oconee County and the account, along with all of respondent's posts, were 

accessible to all members of Facebook. 

Respondent greatly regrets his conduct with regard to the estate of Z.H. matter and 

is sorry for any distress that it may have caused Z.H.'s family. Respondent 

recognizes that, while he did not mention the estate of Z.H. by name on Facebook, 

it was inappropriate for him to make the statements as it would be clear in the 

community to what he was referring. Respondent also recognizes that it was 

inappropriate for him to make political posts and to post information about a 

fundraiser for a local church. 

Respondent has now removed reference to himself as a judge on his Facebook 

page. He submits that he is deeply embarrassed about the matter and seeks to 

assure the Court that, in the future, he will not make reference to anything 

involving his court and will refrain from making political posts or posting 

fundraising information on Facebook or any other social media. Respondent is 

extremely proud of the Oconee County Probate Court and wants to assure the 

Supreme Court that he will do nothing further that could damage the reputation of 

the probate court. 

Law 

Respondent admits that by his conduct he has violated the following provisions of 

the Code of Judicial Conduct, Rule 501, SCACR: Canon 1 (judge shall uphold 

integrity and independence of judiciary); Section 1A of Canon 1 (judge should 

participate in establishing, maintaining and enforcing high standards of conduct, 

and shall personally observe those standards so that integrity and independence of 
judiciary will be preserved); Canon 2 (judge shall avoid impropriety and 

appearance of impropriety in all judge's activities); Section 2A of Canon 2 (judge 

shall respect and comply with the law and shall act at all times in manner that 

promotes public confidence in integrity and impartiality of judiciary); Section A(1) 

of Canon 4 (judge shall conduct all of judge's extra-judicial activities so that they 

do not cast reasonable doubt on the judge's capacity to act impartially as judge); 

Section A(2) of Canon 4 (judge shall conduct all of judge's extra-judicial activities 

so that they do not demean the judicial office); Section C(3)(b)(i) of Canon 4 

(judge shall not personally participate in the solicitation of funds or other 

fundraising activities); and Section A(1)(b) of Canon 5 (judge shall not publicly 

endorse candidate for election to public office). 

Respondent also admits he has violated the following Rules for Judicial 

Disciplinary Enforcement, Rule 502, SCACR: Rules 7(a)(1) (it shall be ground for 

discipline for judge to violate Code of Judicial Conduct) and Rule 7(a)(9) (it shall 

be ground for sanction for judge to violate Judge’s Oath of Office contained in 

Rule 502.1, SCACR). 

Conclusion 

We find respondent's misconduct warrants a six (6) month suspension from judicial 

duties, retroactive to April 12, 2016, the date of his interim suspension. We 

therefore accept the Agreement for Discipline by Consent and suspend respondent 

from office for six (6) months. 

DEFINITE SUSPENSION. 

PLEICONES, C.J., BEATTY, KITTREDGE, HEARN and FEW, JJ., concur.