Episode 3 – COVID, Crime and the Courts with Allie Menegakis of SC4CJ‪R‬

In this episode of the Direct Examination Podcast, hosts Joseph Bias and Dane Phillips (with co-host Amber Fulmer absent) welcome back Allie Menegakis, founder and Executive Director of South Carolina for Criminal Justice Reform (SC4CJR) and criminal defense attorney at Adams & Bischoff in Charleston. Joining the hosts on the call is Dane’s seven-week-old daughter, A.K. Phillips, making a special appearance as a guest “co-host.“

The panel conducts a deep dive into the impact of the COVID-19 pandemic on South Carolina’s criminal courts, the compounding backlog of cases, and the constitutional debate over solicitor-controlled versus judge-controlled court dockets under State v. Langford. Menegakis also discusses police responses to summer 2020 protests compared to the January 6, 2021 Capitol insurrection, stark bond disparities, and SC4CJR’s growing educational, research, and internship programs.

Key Topics Covered

  • State of SC4CJR & Educational Outreach: SC4CJR’s registration as a non-profit, its expansion into law school and undergraduate internship programs, and educational offerings available to schools, courthouses, and law firms.

  • Impact of COVID-19 on Court Dockets: Analyzing how the suspension of jury trials and grand juries exacerbated pre-existing delays in South Carolina’s criminal justice system, particularly in Charleston County.

  • Docket Control & State v. Langford (2012):

    • Evaluating the SC Supreme Court’s ruling that solicitor-controlled dockets violate the constitutional separation of powers.

    • Comparing docket management systems across South Carolina counties and contrasting the state’s lack of a statutory speedy trial rule with Florida’s strict 90/180-day dismissal rules.

  • Disparities in Policing & Bail/Bond Decisions:

    • Contrasting militarized police responses and high bond amounts ($300k–$400k) for summer 2020 peaceful protesters with the lower bond amounts ($10k–$30k) and initial police response seen during the Capitol insurrection.

    • SC4CJR’s collaboration with the City of Charleston Special Commission on Equity, Inclusion, and Racial Conciliation to evaluate municipal courts and ordinances.

Transcript

Joseph Bias: Welcome y’all to the Direct Examination Podcast! I’m Joseph Bias.

Dane Phillips: I’m Dane Phillips.

Joseph Bias: We are without our third co-host, Amber, today, but we have a fill-in third co-host because Dane is holding baby A.K. Phillips on our Zoom call!

Dane Phillips: (laughs) That’s right! Mommy had to go to the store, but we’ve got a podcast to record, so A.K. is joining us at seven weeks old.

Joseph Bias: She’s going to give us her opinions on mens rea and break down her thoughts on the court dockets! Today, we are thrilled to welcome back two-time guest Allie Menegakis, founder of South Carolina for Criminal Justice Reform (SC4CJR) and defense attorney at Adams & Bischoff in Charleston! Welcome back, Allie!

Allie Menegakis: Thanks so much, guys! It is so awesome to be back. I’m honored to be a member of the two-timer club!

Dane Phillips: Allie, since you were last on the show in June 2020, how has SC4CJR grown, and what new initiatives are you working on?

Allie Menegakis: We’ve grown significantly! SC4CJR is now officially registered as a non-profit. We’ve expanded our research team to include criminologist Philip Berry from UofSC and Donna White focusing on mental health and substance abuse. We’ve also launched an educational program where schools, law firms, and community organizations can request presentations on constitutional rights and criminal justice reform. Plus, we’re taking applications for law school and undergraduate internships!

Joseph Bias: Let’s talk about the courts during COVID-19. With jury trials suspended, how has the pandemic impacted the criminal court docket in Charleston and across the state?

Allie Menegakis: Even before COVID, Charleston County had an average wait time of over two and a half years for a felony case to go to trial. Now, without jury trials for months, that backlog is exponentially worse.

Dane Phillips: That brings up the issue of docket control under State v. Langford (2012). In Langford, the SC Supreme Court ruled that solicitors controlling the trial docket is unconstitutional because it violates the separation of powers.

Allie Menegakis: Exactly. South Carolina was the last state in the country where prosecutors controlled the court docket. But despite Langford, many counties still haven’t fully transitioned docket control to the judiciary. In Florida, where I previously practiced, there is a statutory speedy trial rule: 90 days for a misdemeanor or 180 days for a felony, or the case gets dismissed. South Carolina desperately needs a statutory speedy trial rule with teeth so innocent defendants aren’t sitting in jail for years waiting for their day in court.

Joseph Bias: Allie, you’ve also been vocal about the stark contrast between how summer 2020 protesters were treated versus the January 6 Capitol rioters. What have you observed regarding policing and bail decisions?

Allie Menegakis: The disparity is undeniable. In May 2020, peaceful local college students protesting in Charleston were met with police in full riot gear, chemical agents, and bond amounts set as high as $300,000 to $400,000 for non-violent charges. Contrast that with the initial response and $10,000 to $30,000 federal bonds set for individuals who violently stormed the U.S. Capitol. SC4CJR is currently working with the City of Charleston’s Special Commission on Equity, Inclusion, and Racial Conciliation to analyze municipal court operations and push for systemic fairness.

Dane Phillips: Allie, thank you for the incredible work you’re doing across South Carolina.

Allie Menegakis: Thanks for having me, guys! You can learn more and get involved at sc4cjr.org!

Joseph Bias: Follow SC4CJR on Facebook, Twitter, and Instagram @SC4CJR! Follow us @SCLawPod, Dane @SCCrimLawyer, and Joseph @JosephPBias. Leave us a five-star review, and we’ll see y’all next week!