A Disqualified GAL with a Criminal Record Petitioned a Judge for Unpaid Bills and a Parent was Jailed - TWICE.

If you had any doubt about the "crisis" that is our S.C. "family" courts, please read on and share.

As if divorce/separation is not stressful enough, South Carolina families are often subjected to a court assigned guardian ad litem (GAL), an “impartial” evaluator who will interview witness, conduct home visits, and review school/medical records to provide the court with information to promote the child’s best interests. Unfortunately, like so many other variables in S.C. family courts, GALs may leave a lot to be desired and, often, their overarching priority is to be paid for their “work.”

GALs, who may (or may not) be attorneys have relatively few requirements to be a court appointment. According to the S.C. Code, the court has “absolute discretion” in determining a GAL, but s/he must be at least 25 years of age, have a high school diploma, satisfy certain continuing education requirements annually (6-9 hours), not be listed on DSS’s registry of abuse and neglect with no history of certain criminal convictions listed in SC Code: Title 63, Chapter 3, Section 82.

One of Ms. Jones’ mugshots.

In 2023, Marcia Faith Jones had been appointed as GAL to a private custody matter for the Shatto family. After observing some concerning, erratic behavior by the GAL, the Shattos checked Jones’ background and found a previously undisclosed criminal history. Jones had been convicted of assault in another state which should have precluded her from meeting the minimal requirements to be a court appointed GAL. As a result of the Shattos’ diligence, they asked the court to have Jones removed as GAL; their request was granted, and Jones was deemed disqualified.

Following this order by the Honorable Judge Creech, the Shattos provided the order - along with a brief background - to S.C.’s Chief Justice John Kittredge and every family court judge in S.C. When the disqualified GAL learned that the Shatto family had informed the judges of her disqualification, Jones sent a threatening “cease and desist” email to the Shattos, claiming that she plans to “take legal action” because they informed others of the (publicly available) order.

A GAL who “lacked the requisite qualifications” and was disqualified by a S.C. Court would NOT continue to be appointed by S.C. courts, right?

Remarkably, Jones has continued to be appointed to other lucrative GAL positions to “determine the best interests” of vulnerable children in S.C. family courts; she even provided an affidavit stating that she is qualified.

GAL Jones: “I do not have a criminal record under the provisions of the S.C. Code (Ann.) 63-7-820.”

No one does, Ms. Jones, because THERE IS NO S.C. Code (Ann.) 63-7-820.

It simply does not exist.

Presumably, Judge Anne G. Jones, a former clerk for the S.C. Supreme Court, former President of the South Carolina Conference of Family Court Judges, and current member on the renowned Commission on Judicial Conduct, either…

• Did not read Jones’ affidavit.

• Was not familiar enough with the statutes defining GAL requirements to realize that Jones was deceptive.

• Ignored the email communications from the Shatto family that provided Jones’ disqualification status.

• Did not perform any due diligence to check Jones’ background for herself.

Or the judge knew of the GAL’s sketchy history and chose to proceed because she wanted to do so.

Judge Jones sentenced the mother to jail for unpaid fees to an ineligible GAL and did so TWICE.

As seen above, the (disqualified) GAL threatened the mother with incarceration; debtors’ prison happened again when she, the (never qualified) GAL with a criminal record, wanted to be paid.

But wait, there’s more…

The assault conviction is not Ms. Jones’ first brush with the law. An hour or so of sleuthing uncovered another charge that the GAL perhaps forgot to inform the court about. The below describes a ROAD RAGE incident where the GAL allegedly SPAT on the face of another driver after driving her Mercedes erratically, perhaps even dangerously until the two of them pulled into a gas station. Charged with third degree assault, the GAL also provided the officer, per the report, THREE expired driver’s licenses.

But wait, there’s more…

Details are sparse on what appears to be yet another incident between the GAL and a fellow vehicle operator who allegedly hit Jones with her vehicle. Per the GAL’s Facebook post, she appeared elated that this driver was arrested (as she threw shade at her religious preferences).

S.C. “family” courts continue to be a colossal disappointment as families plead for help. At the committee meetings for reform of the Judicial Merit Selection Commission (JMSC) last year, the majority of parents who testified also included concerns about their GAL experience. Leadership in the House of Representatives like Gilda Cobb Hunter and Tommy Pope expressed their disgust with the extensive and questionable usage of GALs in private custody matters, remarking that they had “no idea it was this bad.”

Unfortunately, nothing has changed since last year. Representative Gil Gatch has proposed several bills during this legislative session aimed at improving the quality and accountability of GALs, so perhaps there is hope on the horizon, but for now… the CRISIS that is the S.C. “family” court system needs our attention and prayers.