© 2003, Rotary Club of Charleston

P.O. Box 21029
Charleston, SC 29413-1029

Club secretary:
Carroll Schweers
chasrot@comcast.net

Charleston Livability Court
Innovative idea worthy of national attention

JULY 8, 2003 - Judge Michael Molony of Charleston's Livability Court
shared with Club Members some of the many reasons why this unique Court has received national attention in such esteemed media forums as the New York Times, The Christian Science Monitor, and the "48 Hours" news program.

Started during January 2001, the Livability Court is designed to effectively and efficiently promote livability and quality of life in Charleston, while being fair and just to those concerned, and while fostering an environment that is receptive to tourism and historic preservation. In support of its mission, the Court handles various disputes that are very real to those concerned, but which might otherwise be seen as insignificant in the regular court system.

The diverse topics handled by the Livability Court include: animal control (barking, biting, leash law compliance, and other issues), noise violations, tourism issues (including carriage tour regulation), business and cabaret license issues, parking violations, commercial and residential waste problems, zoning disputes and standards, property standards, and abandoned vehicle issues.

The process starts upon the filing of a complaint with the Livability Court. Upon receipt of the complaint, a code enforcement officer, along with investigator Dan Riccio, investigates the matter and issues a warning to the appropriate parties. They then follow up with the respective parties 5 days later, and if they are not in compliance, they issue a summons and set a court date. Molony stressed that this is not a Court where an offender can avoid an appearance by simply paying a fine. Rather, such party must appear for the scheduled court hearing. By removing the option of simply writing a check, the Court makes the issue be taken seriously by those involved.

At the scheduled hearing, the Court will resolve the dispute or find the party guilty or not guilty. The parties receive a copy of the Court's ruling, and if they do not thereafter comply, the Court can take further action, including ordering a bench warrant for the arrest of the appropriate person(s).

Molony, the principal judge among 5 judges serving on the Court, described himself as a "true conservative," which he said was a "liberal who has been mugged by reality." In that respect, he believes in tough consequences for those who appear in the Livability Court. According to Molony, "punishment works. Jail works."

Molony noted that 839 separate cases were heard in the Court during 2002, and perhaps double that number of incidents were resolved informally. The Livability Court operates every other Monday, and Molony described the Court proceedings as some of the best free entertainment in Charleston.

When not serving on the Court, Molony practices law as a partner with Young Clement Rivers and Tisdale in Charleston

- - Amy Jenkins

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