South Carolina H 5133: Circuit Solicitors Qualifications Commission

Bill Text

2025-2026 Bill 5133 Text of Previous Version (Feb. 10, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5133

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 7, Title 1 of the S.C. Code is amended by 
adding:

Article 10

Circuit Solicitors' Qualifications Commission

 Section 
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.

 Section 
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