AIKEN — A Freedom of Information Act lawsuit filed in 2011 by Newberry resident Adele Pope has been assigned to Aiken Judge Doyet Early, the judge who has presided over the nine-year James Brown estate battle.
Judge Early will hold a status conference on the FOIA case and Richland 4900 at 10 a.m. April 5 in Aiken.
The March 24 order by the S.C. Supreme Court gives Judge Early “exclusive jurisdiction to hear and dispose of” the FOIA case and a tort action related to the James Brown estate filed in Richland County in 2010.
Pope, a former co-trustee of the Brown estate, requested two documents in August 2011 under FOIA from Attorney General Alan Wilson: a copy of the $4.7 million appraisal of Brown’s music empire, which was used by the attorney general in court filings, and a copy of the James Brown Legacy Trust, which was created by former Attorney General Henry McMaster to hold Brown’s assets under a 2008 settlement deal.
When Wilson refused to release the documents, Pope filed a lawsuit in Newberry County, arguing that the purpose of the FOIA is to provide citizens with swift and inexpensive access to public documents.
Emory Smith of the attorney general’s office argued that while Pope was being sued by the attorney general and others in Richland 4900, she must follow the rules of discovery to gain access to documents, not request them under the FOIA.
Circuit Court Judge Frank Addy Jr. ruled in 2012 that the Newberry FOIA case should be sent to Richland County, where Case 4900 was pending. The question of whether Pope lost her FOIA rights when she was sued by the Attorney General remains unanswered.
Addy said in court he would be “very surprised” if another judge ruled Pope was not entitled to the documents, and he hoped she would be given the documents sooner, not later.
Four years later, the FOIA case is still pending, and Richland County Judge Casey Manning has not yet resolved Richland 4900.
In Richland 4900, filed in 2010, the Attorney General, trustee Russell Bauknight, the Legacy Trust, Tomirae Hynie Brown, some Brown children and some grandchildren sued the second set of trustees, Pope of Newberry and Robert Buchanan of Aiken.
The plaintiffs alleged that Pope and Buchanan caused “tens of millions” in damages to the estate during the 18 months they were trustees — despite Bauknight’s claim to the IRS that the at-death value of Brown’s music empire was only $4.7 million.
Bauknight claims the IRS filing was based on the professional appraisal Pope requested under the FOIA. Although the appraisal was used in several court filings, Attorney General Wilson refused to release the appraisal or supporting documents.
Under the FOIA, any document “used” by a public body is a public document and subject to FOIA.
The Columbia law firm of Kenneth Wingate represents the Attorney General and other plaintiffs under a no-bid contingency fee contract that was not signed by clients but by attorneys, contrary to state ethics practices.
Attorney General Wilson refused for two years to release the Wingate contract under FOIA. In 2013 a federal judge released the contract, which clearly stated this is a public document and subject to FOIA.
Pope and Buchanan have claimed Richland 4900 was filed for the purpose of forcing them to drop their appeal of a settlement brokered by former Attorney General Henry McMaster. Under the McMaster deal, over half of Brown’s music empire was taken away from his education charity, the “I Feel Good” Trust, and given to those who contested his will.
Brown’s estate plan included clauses that said anyone who contests the will receives nothing.
Judge Early approved the settlement, which the S.C. Supreme Court overturned in 2013 because it ignored Brown’s estate plan.
Buchanan and Pope filed counterclaims in Richland 4900. Buchanan settled with Case 4900 plaintiffs and was paid $500,000, but he gave up additional commissions. Even though Pope and Buchanan acted jointly as trustees, the Attorney General and others are pursuing the Richland 4900 lawsuit against Pope.