Solicitor, judge square off in court

In a disagreement over which criminal cases to dispense with first this week - people in jail or those out on bond - Circuit Court Judge E.C. Burnett III threatened to have 7th Circuit Solicitor Holman Gossett forcibly removed from a courtroom before the prosecutor left.

The exchange arose Monday morning because Gossett wanted Burnett to handle guilty pleas from people out on bond and lingering in the Spartanburg County Courthouse. The judge wanted to reduce constant jail overcrowding by taking pleas from prisoners. "It's just a waste of time to do it the other way," Gossett said. "If they're ready to go that's when we need to do them; that's the way it's always been."

Burnett's decision prevailed, and about 10 jail prisoners who wanted to plead guilty were brought before Burnett while assistant solicitors scrambled to find files so they could present the cases.

"I've never had that happen," Gossett said about his threatened removal from court. "It was open court, and I was tending to my business, talking with my employees. "The bottom line is I'm elected to run my office," Gossett said. "Jail cases are going to be there."

Burnett said yesterday he would not comment about the exchange with Gossett at this time. He also chose not to allow the release of a record of the disagreement in open court. A state Division of Court Administration official said yesterday he believes a judge has the option to withhold the records from people not directly connected with a case. The courtroom in which the exchange occurred was open to the public.

Last week in a meeting between Burnett and Gossett, the judge requested that jail prisoners make their pleas before those people on bond, but Gossett steadfastly maintained his view that people wishing to plead guilty on the first day of General Sessions roll call be allowed to do so.

On Monday morning Burnett, sitting in a family courtroom while roll call continued in circuit courtrooms, asked that jail prisoners who wanted to plea come before him. Gossett disagreed, but Burnett insisted. According to people in the room, Burnett asked an assistant solicitor to proceed with the plea of a jail prisoner. Gossett reportedly remained in the room conferring with his assistant. People in the room said that as Gossett continued to talk, Burnett ordered an attending Spartanburg County Sheriff's deputy to take Gossett from the courtroom. After a short talk with the deputy, Gossett left.

"I'm doing it the way I've always done it," Gossett said. "While you have people out here ready to plea, we should do them."

Because of jail overcrowding, however, there is an administrative order pending that requires the solicitor to prosecute jail cases prior to those of people free on bond. "People can go back to their job," Gossett said. "Jail people aren't going anywhere. When you have a room full of people waiting to plead guilty, there's no good reason not to take them."