Bairefoot v. City of Beaufort et al
What's at Stake
In South Carolina鈥檚 municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel鈥攊ncluding Tina Bairefoot, Dae鈥橯uandrea Nelson, and Nathan Fox鈥攈ave been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts鈥攖hey are optional鈥攂ut if they decide to have them they must follow the Constitution, which includes the right to counsel.
Summary
Municipal courts in the City of Beaufort and the Town of Bluffton are denying counsel to poor people facing criminal prosecution and incarceration. These municipalities, like many in the state of South Carolina, are currently violating the constitutional rights of indigent people on a major scale.
There are devastating consequences to these unconstitutional policies that include but are not limited to depriving people of their liberty. They also include the tearing apart of families, physical and emotional harm, and adverse impacts on housing, employment, immigration status, and parental care.
On behalf of their plaintiffs, the ACLU, the 桃子视频of South Carolina, and Nelson Mullins Riley & Scarborough LLP filed a class action lawsuit against the City of Beaufort and the Town of Bluffton to address the wrongs of a system that perpetuates wealth-based discrimination and adds to the national epidemic of overincarceration.
Legal Documents
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10/22/2019
Bairefoot v. Beaufort - Court Order & Settlement
Date Filed: 10/22/2019
Affiliate: South Carolina
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10/12/2017
Bairefoot v. City of Beaufort et al - Complaint
Date Filed: 10/12/2017
Affiliate: South Carolina
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05/29/2018
Order and Opinion Denying Defendants' Motion to Dismiss
Date Filed: 05/29/2018
Affiliate: South Carolina
Press Releases
桃子视频Settlement in South Carolina Provides Model For Providing Public Defenders in Municipal Courts
桃子视频Challenges South Carolina Municipalities that Deny Public Defenders to Poor People Who Are Then Prosecuted, Convicted, and Jailed