Complaint Review: Joshua Koger Jr. - Barnwell South Carolina

After failing to notify me for more than a year after "attorney" Joshua Koger, Jr. was appointed by the 5th Circuit Court in Richland County, South Carolina, in March 2013, to represent me on two Harassment 2nd Degree charges, purportedly against four 5th Circuit Judges, stemming from my debt collection efforts against a Lori Pelzer, "Attorney" Koger contacted me on June 30, 2014, to inform me that my jury trial would commence on July 7, 2014.

I responded by posting comments online about my dissatisfaction with Koger's "representation" of me. Additionally, I lodged a complaint with the South Carolina Office of the Disciplinary Counsel, which denied my complaint on the basis that they found no wrongdoing. On July 3, 2014, while awaiting trial for the two Harassment 2nd charges, I was arrested by the Richland County Sheriff's Department on the charge of Threatening the Use of Destructive Devices against the Richland County Judicial Center, which housed the 5th Circuit Court, based on a false criminal complaint lodged by Koger.

Amazingly, I was also charged with Harassment 1st Degree, based on a false police report lodged by Lori Pelzer. (Visit loripelzersfall.blogspot.com and search ripoffreport.com for "Lori Pelzer".) Initially, I was held without bond, based on Pelzer's false complaint. Because the 5th Circuit Court was the alleged victim in the case, the 5th Circuit Solicitor's Office withdrew from prosecution, which was assumed by the State Attorney General's Office.

Additionally, the 5th Circuit Public Defender's Office withdrew and private counsel was appointed to "represent" me. On July 7, 2014, I was transported from jail to the Richland County Judicial Center (the alleged victim) for trial on the Harassment 2nd charges before 5th Circuit Judge Clifton B. Newman. Before the "trial", Judge Newman relieved Koger as my counsel, on Koger's motion, and denied me the appointment of substitute counsel.

Additionally, Judge Newman ordered me to proceed to trial the same day and denied my motions for a continuance to prepare. Further, Judge Newman concurred with the state that I needed "mental health treatment". Judge Newman adjourned to allow me to confer with the prosecutor before commencing jury selection.

(Since there was a reasonable doubt of my competency, counsel should have been appointed at least until my mental status could be ascertained, rather than requiring a potentially mentally disturbed person to represent himself within hours against charges that carried maximum total penalties of 13 years in prison; and, coercing that person to confer with the state.)

Under duress, I pled no contest to both charges and was sentenced to time served, with the official recommendation of "mental health treatment"; thereby, disposing of both Harassment 2nd charges. In June 2015, I filed a Post Conviction Relief action, Case No. 2015CP4003441, challenging my pleas to the Harassment 2nd charges.

A hearing was held before 5th Circuit Judge J. Derham Cole in February 2016. On April 8, 2019, Judge Cole denied my petition. As of October 9, 2019, that matter is pending appeal in the South Carolina Court of Appeals. Concerning the Threatening and Harassment 1st charges, the 5th Circuit Court, again, the alleged victim, based upon the purported threat, appointed private "attorney" William A. Hodge to "represent" me on those charges.

And, again, the State Attorney General's Office assumed the prosecution. On October 3, 2014, Judge Newman released me on $25,000.00 bond. While on bond, I declined the state's numerous plea offers. After Judge Newman recused himself from presiding over the case, to avoid an appearance of impropriety, 11th Circuit Judge R. Knox McMahan was assigned from Lexington County to preside over the case.

Subsequently, on July 21, 2016, my bond was revoked by Judge McMahan "to the extent necessary" to comply with a pretrial competency evaluation, after which, I was to be released and my bond to remain in effect, per written Order of Judge McMahan, filed with the court. On August 1, 2016, I did comply with the competency evaluation, as ordered; however, Judge McMahan failed to issue his Order for my release from detention; and "attorney" Hodge refused to petition the court for my release (though no petition was necessary); and Hodge consistently evaded my inquiries into my release. In April 2017, I petitioned the Court to relieve Hodge as my counsel, on the basis that any attorney who practiced regularly before the 5th Circuit Court, the alleged victim, would have a conflict in representing me.

Surprisingly, Judge McMahan concurred, relieved "attorney" Hodge, and appointed the 11th Circuit Public Defender's Office in Lexington County to represent me. [By law, once a visiting judge sits on the bench in a foreign jurisdiction, that judge assumes and acts under the foreign court's jurisdiction and authority.

Thus, notwithstanding that Judge McMahan was a resident judge of the 11th Circuit, generally, he lost jurisdiction over the 11th Circuit for all matters presided over, while sitting in the 5th Circuit. (There are limited exceptions, which don't apply in this case.) Additionally, the 11th Circuit Public Defender's Office lacks jurisdiction to represent criminal defendants outside the 11th Circuit.

Thus, Judge McMahan lacked authority to appoint the 11th Circuit Public Defender's Office to represent me, and that Office lacked jurisdiction to me represent me in the 5th Circuit. Perhaps that explains why Judge McMahan resigned from the bench to become an assistant prosecutor, after I filed a complaint with the 5th Circuit Court to that effect. And I am the one who needed a competency evaluation?]

Nonetheless, the 11th Circuit Public Defender's Office assigned Assistant Public Defender, Jason Scott Chehoski to "represent" me on the Threatening and Harassment 1st charges in the 5th Circuit Court. Based on the foregoing, effectively, I was denied legal counsel, which may explain why Chehoski failed to represent me after I challenged his authority to do so.

Finally, after I filed numerous pleadings with both the 5th Circuit Court and the United States District Court for South Carolina, all of which were denied, the Threatening charge was dismissed on August 30, 2018, and the Harassment 1st charge was dismissed on October 20, 2018. I was finally released from jail on October 22, 2018, based on my own legal efforts, and not those of my court appointed attorneys. (Joshua Koger, Jr. teaches or taught legal ethics at Claflin College. Note the corrected spelling.)

Note: It should be considered that because the 5th Circuit Court was an alleged victim in the case in which it presided over, the matter should have changed venue to a fair and impartial tribunal. It was manifest injustice for the alleged victim to render decisions to its own benefit and to my prejudice in a case in which it presided over. Further, it could be argued that the 5th Circuit Judges, whether visiting from a foreign jurisdiction or otherwise, had engaged in a conspiracy against my civil rights with the prosecution and my appointed "counsel".

On April 17, 2014, a disciplinary complaint was filed against attorney Joshua Koger, Jr. The South Carolina Supreme Court, Office of the Disciplinary Counsel responded with a letter advising that an investigation has been initiated against Koger for possible disciplinary action. The results of the investigation will be reported on Ripoff Report.