Circuit Solicitors Qualifications Commission

2025-2026 Bill 5133: Circuit Solicitors Qualifications Commission - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 5133
STATUS INFORMATION
General Bill
Sponsors: Reps. Robbins, W. Newton, Jordan, Brittain, Caskey, T. Moore, Bannister, C. Mitchell and Yow
Document Path: LC-0189AHB26.docx
Introduced in the House on February 10, 2026
Currently residing in the House
Summary: Circuit Solicitors Qualifications Commission
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/10/2026

House

Introduced and read first time (
House Journal-page 9
)

2/10/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 9
)

2/17/2026

House

Member(s) request name removed as sponsor: Pope

2/17/2026

House

Member(s) request name added as sponsor: W.
Newton, Jordan, Brittain, Caskey, T. Moore,
Bannister, C. Mitchell, Yow

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/10/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
10 TO CHAPTER 7, TITLE 1 SO AS TO CREATE THE CIRCUIT SOLICITORS' QUALIFICATIONs
COMMISSION, PROVIDE FOR ITS MEMBERSHIP TO BE APPOINTED BY THE GOVERNOR, PROVIDE
PROCEDURES FOR MAKING RECOMMENDATIONS TO THE GOVERNOR FOR DISCIPLINE, REMOVAL,
OR FORCED INVOLUNTARY RETIREMENT OF CIRCUIT SOLICITORS FOR CERTAIN CONDUCT
WARRANTING SUCH ACTION, AND TO PROVIDE FOR CONFIDENTIALITY IN CERTAIN
CIRCUMSTANCES AND OPEN MEETINGS IN CERTAIN OTHER CIRCUMSTANCES, AMONG OTHER
THINGS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 7, Title 1 of the S.C. Code is amended by
adding:

A
rticle 10

C
ircuit Solicitors' Qualifications Commission

S
ection
1-7-1210
.
(
A) There is created the
Circuit Solicitors' Qualifications Commission, which has the power to recommend
to the Governor the discipline, removal, or forced involuntary retirement of
elected circuit solicitors in accordance with the provisions of this article.

(
B) The
commission shall consist of eight members appointed by the Governor whose
initial terms shall begin on July 1, 2026. A commission member is eligible to
serve so long as he retains the status for which he was appointed, but a
vacancy is created by operation of law when the member no longer has the
designation for which the member was appointed. A vacancy for a member must be
filled by the Governor, and such appointee shall serve the balance of the
vacating member's unexpired term. Any member of the commission shall serve no
more than two full terms. The initial term of a member of the commission may
not be construed as counting toward the limit of two full terms of service as
provided in this subsection. The commission shall be divided into a five-member
investigative panel and three-member hearing panel.

(
C)
The investigative panel shall be responsible for the:

(
1)
investigative, prosecutorial, and administrative functions of the commission;

(
2)
investigation of alleged conduct constituting grounds for discipline pursuant
to Section
1-7-1260
;

(
3)
selection of an attorney in good standing of the South Carolina Bar who shall
serve as director of the commission and who may not otherwise engage in the
practice of law, other than to represent the commission; and

(
4)
authorization of employment of additional staff as the commission deems
necessary to carry out the duties assigned to the commission.

(
D)
The hearing panel shall be responsible for:

(
1)
adjudicating formal charges filed by the investigative panel;

(
2)
issuing standards on its own initiative or on the recommendation of the
investigative panel. Any such standards shall elaborate, define, or provide
context for the grounds for discipline, removal, or forced involuntary
retirement as provided in Section
1-7-1260
; and

(
3)
issuing formal advisory opinions and recommendations to the Governor on its own
initiative or on the recommendation of the investigative panel regarding
grounds for discipline, removal, or forced involuntary removal provided in
Section
1-7-1260
.

S
ection
1-7-1220
.
(
A) As used in this
section, "attorney" means a lawyer who is on active status and a member in good
standing of the South Carolina Bar for at least ten years, and who is a
registered voter in this State.

(
B)
The five members of the commission's investigative panel shall be appointed as
follows:

(
1)
one attorney with prosecutorial experience as an elected circuit solicitor or the
Attorney General shall be appointed by the Governor and shall serve a term of
four years; provided, however, that the initial appointment shall be for three
years, and thereafter, successors to such member shall serve terms of four
years;

(
2)
one attorney with at least five years of service as an assistant circuit
solicitor or an assistant attorney general shall be appointed by the Governor
and shall serve a term of four years; provided, however, that the initial
appointment shall be for two years, and thereafter, successors to such member
shall serve terms of four years; and

(
3)
three practicing attorneys shall be appointed by the Governor and each shall
serve terms of four years; provided, however, that the initial appointment of
one attorney member as designated by the Governor shall be for four years and
the initial appointment of the other two attorney members as designated by the Governor
shall be for one year, and thereafter, successors to such members shall serve
terms of four years.

(
C)
The South Carolina Commission on Prosecution Coordination and the South
Carolina Bar, as appropriate, may recommend to the Governor a list of names of
attorneys for consideration to serve as commission members.

(
D)
The investigative panel members annually shall elect a chairperson and vice
chairperson for the investigative panel.

S
ection
1-7-1230
.
(
A) The three members of
the commission's hearing panel shall be appointed as follows:

(
1)
two elected circuit solicitors shall be appointed by the Governor for a term of
four years and his successors shall serve terms of four years; provided,
however, that the initial appointment of one circuit solicitor as designated by
the Governor shall be for three years and the initial appointment of the other
circuit solicitor shall be for one year, and thereafter, successors to such
member shall serve terms of four years; and

(
2)
one former justice or judge of the Supreme Court or Court of Appeals who served
on the respective court for at least ten years and has formerly been a circuit
solicitor, Attorney General or assistant circuit solicitor or assistant
attorney general shall be appointed by the Governor and shall serve a term of
four years; provided, however, that the initial appointment shall be for three
years, and thereafter, successors to such member shall serve terms of four
years.

(
B) The
hearing panel members shall select a presiding officer for each matter that
comes before the panel or may elect a presiding officer annually to serve the
panel.

(
C) Members
and staff of the hearing panel shall not engage in any ex parte communications
regarding a disciplinary or incapacity matter of a circuit solicitor, including
with members and staff of the investigative panel.

S
ection
1-7-1240
.
(
A) Each member of the
commission is entitled to vote on any matter coming before the respective panel
unless otherwise provided by rules adopted by the commission concerning
recusal. The chairperson of the investigative panel and the presiding officer
of the hearing panel shall retain a vote on all matters except those in which
such chairperson or presiding officer has been recused. No commission member
present at a panel meeting shall abstain from voting unless recused. The rules
of the commission shall establish grounds for recusal and the process for
allowing a temporary replacement of a commission member under these
circumstances.

(
B) As
used in this subsection, the term "for cause" includes indictment for or
conviction of a felony or any offense involving moral turpitude; misconduct,
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to
attend three or more panel meetings or hearings in a one-year period without
good and sufficient reason; or abstaining from voting, unless recused. Removal
of a panel member for cause must be by a unanimous vote of all members of the
commission; provided, however, that the panel member who is the subject of the
vote shall not vote. The commission shall forward the name of the member so
removed to the Governor for official removal from the commission and the
filling of the vacancy created pursuant to the provisions of this article.

(
C)
Three members of the investigative panel constitutes a quorum, and two members
of the hearing panel constitutes a quorum.

S
ection
1-7-1250
.
(
A) Members of the
commission shall serve without compensation but shall receive the same daily
expense allowance as members of the General Assembly receive, for each day that
the member is in physical attendance at a panel meeting or hearing, plus either
reimbursement for actual transportation costs while traveling by public
transportation or the same mileage allowance for use of a personal motor
vehicle in connection with the attendance as members of the General Assembly
receive.

(
B) Notwithstanding
subsection (A), no member shall receive such expense allowance or travel
reimbursement if already entitled to receive an expense allowance, travel
reimbursement, or salary for performance of duties as a state employee.

(
C) Expense
allowances and travel reimbursements must be paid from funds appropriated or
otherwise available to the commission.

S
ection
1-7-1260
.
(
A) The commission, with
the assistance of the Commission on Prosecution Coordination and South Carolina
Bar, shall promulgate standards of conduct and rules for the commission's
governance which will comport with due process and enforce the provisions of this
section. These standards and rules shall allow for a full investigation of a circuit
solicitor only upon majority vote of the investigative panel. When a commission
member receives information relating to such conduct, the member shall provide relevant
information to the commission's director for appropriate action.

(
B) The
following are grounds for a recommendation to the Governor of discipline,
removal, or involuntary retirement of a circuit solicitor:

(
1)
mental or physical incapacity interfering with the performance of his duties
which is, or is likely to become, permanent;

(
2)
wilful misconduct in office;

(
3)
with respect to circuit solicitors, wilful and persistent failure to carry out
duties as required by law;

(
4)
conviction of a crime of moral turpitude;

(
5)
conduct prejudicial to the administration of justice which brings the office
into disrepute; or

(
6)
knowingly authorizing or permitting an assistant solicitor or assistant attorney
general to commit any act constituting grounds for removal pursuant to this
subsection.

(
C)
The commission:

(
1)
in any complaint filed alleging a violation of subsection (B) and requesting an
investigation of an elected circuit solicitor, shall require the complainant to
file with the commission a sworn affidavit detailing the personal knowledge of
the facts supporting the complaint, including any interest the complainant may
have in the outcome of the case. The complainant may attach documents to support
the complaint. And, nothing in this item may be construed to limit the ability
of the commission to bring a complaint pursuant to this article on its own
motion;

(
2)
may not entertain a complaint on the basis of a charging decision, plea offer,
opposition to or grant of a continuance, placement of a case on a trial
calendar, or recommendation regarding bond unless the affidavits and any
documents attached to the complaint show it is plausible that the circuit
solicitor made or knowingly authorized the decision based on:

(
a)
undue bias or prejudice against the accused or in favor of persons with
interests adverse to the accused;

(
b)
an undisclosed financial interest in the outcome of the prosecution;

(
c)
an undisclosed conflict of interest;

(
d)
factors that are completely unrelated to the duties of prosecution; or

(
e)
a stated policy, written or otherwise, which demonstrates that the circuit
solicitor categorically refuses to prosecute any offense or offenses of which
he is required by law to prosecute;

(
3)
shall suspend its investigation or hearing pending the outcome upon the
indictment of the circuit solicitor.

S
ection
1-7-1270
.
(
A) All information
regarding a disciplinary or incapacity matter of a circuit solicitor must be
kept confidential by the investigative panel and commission staff before a
recommendation of formal charges are filed with the Governor; provided,
however, that prior to providing the recommendation, if the investigative panel
agrees to a satisfactory disposition of a disciplinary matter other than by providing
a recommendation to the Governor, the commission may issue a private
admonition, a report of such private admonition must be forwarded to the
Governor for information only. Private admonitions also must be kept
confidential by the Governor and his staff.

(
B)
After filing and service of intent to forward a recommendation for formal
charges to the Governor:

(
1)
with respect to incapacity, all pleadings, information, hearings, and
proceedings must remain confidential;

(
2)
with respect to disciplinary matters, all pleadings and information are subject
to disclosure to the public, and all hearings and proceedings must be open and
available to the public, except to the extent that such pleadings and
information or hearings and proceedings could be properly sealed or closed pursuant
to Chapter 4, Title 30, the Freedom of Information Act, or as ordered by a
court of competent jurisdiction.

(
C)
With respect to administrative and other matters, all records and information are
subject to disclosure to the public, and all meetings, or portions of meetings,
must be open and available to the public, except to the extent that such
records, information, and meetings would:

(
1)
disclose disciplinary matters protected in subsection (A);

(
2)
disclose incapacity matters protected in subsection (A) and (B)(1);

(
3)
be considered a matter subject to executive session, as may be allowed under
the provisions of Chapter 4, Title 30; or

(
4)
otherwise not be required to be publicly disclosed pursuant to any other
provision of law.

(
D)
The work product of the commission and its staff and the deliberations of the
commission shall remain confidential.

(
E)
Notwithstanding the provisions of this section, information regarding a
disciplinary or incapacity matter may be disclosed or the confidentiality of
such information may be removed when the:

(
1)
privilege of confidentiality has been waived by the individual who was the
subject of the commission's investigation; or

(
2)
commission's rules provide for disclosure:

(
a)
in the interest of justice and to protect the public;

(
b)
if an emergency situation exists; or

(
c)
if an individual is under consideration for another state or federal position.

(
F) Information
submitted to the commission or its staff, and testimony given in any proceeding
before the commission or one of its panels, is absolutely privileged, and no
civil action predicated upon such information or testimony may be instituted
against any complainant, witness, or his counsel.

(
G) A respondent
may appeal the decision of the hearing panel by submitting a petition to a circuit
court of competent jurisdiction where such respondent served. A respondent who
is subjected to a recommendation to the Governor of a public reprimand,
censure, limitation on the performance of prosecutorial duties, suspension,
retirement, or removal is entitled to a copy of the proposed record to be filed
with the Governor and, if the respondent has objections to it, to have the
record settled by the hearing panel's presiding officer. The hearing panel's recommendation
to the Governor in a disciplinary or incapacity matter may be appealed to a
court of competent jurisdiction.

S
ection
1-7-1280
.
(
A) The commission shall
commence by July 1, 2026, and the rules and regulations promulgated by the
commission must be established no later than July 1, 2027. No complaint may be
filed before July 1, 2027. The commission shall not receive complaint
submissions regarding misconduct in office that occurred prior to May 1, 2027,
unless such alleged misconduct is related to a continuous pattern of conduct
that continues beyond that date.

(
B) The
authority of the commission is limited to making recommendations to the
Governor regarding the conduct of circuit solicitors when discipline, removal,
or involuntary retirement is warranted based on the investigation of complaints
regarding such conduct. Nothing in this article may be construed as diminishing
the authority of the Supreme Court from regulating the practice of law in this State.

(
C) In
the event that the Governor removes or forces the involuntary retirement of an
individual pursuant to this article, such individual is disqualified from being
elected to the office of circuit solicitor for a period of ten years from the
date of such removal or involuntary retirement.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 10, 2026 at 1:24 PM