South Carolina S 426: Circuit Public Defenders

Bill Text

2025-2026 Bill 426 Text of Previous Version (Mar. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 426

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 AMENDING 
SECTION 17-3-510, RELATING TO THE CIRCUIT PUBLIC DEFENDER SELECTION PANEL, SO 
AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT CIRCUIT PUBLIC DEFENDERS WITH THE 
ADVICE AND CONSENT OF THE SENATE.

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

SECTION 1. Section 17-3-510 of the S.C. Code is amended to read:

 Section 
17-3-510. (A) There 
is created in each judicial circuit in the State a Circuit Public Defender 
Selection Panel, the membership of which is composed of, and must be elected 
by, the active, licensed attorneys who reside within the counties of each 
judicial circuit. Each county in each judicial circuit must be represented by at 
least one member and the remaining members must be determined by equal 
weighting of county population based on the most recent decennial census and 
the most recent annual county appropriations to public defender operations 
according to the following formula:The Governor, by 
and with the advice and consent of the Senate, shall appoint a circuit public 
defender for each judicial circuit for a term of four years beginning on July 
first of the appropriate year.

 (1) percentage of 
distribution of population plus the percentage of distribution of 
appropriations for public defender operations divided by two and rounded to the 
nearest whole number;

 (2) the weighted values 
of each county multiplied by the number of remaining members in each Circuit 
Public Defender Selection Panel determines the number of additional members 
each county must have on the panel.

 Judicial circuits with 
three or less counties must have five members. Judicial circuits with four 
counties must have seven members. Judicial circuits with five counties must 
have nine members.

 (B) A solicitor, assistant 
solicitor, an employee of a solicitor's office, or an employee of the South 
Carolina Prosecution Coordination Commission may not serve as a member of a 
Circuit Public Defender Selection Panel. Members of a Circuit Public Defender 
Selection Panel must reside in the judicial circuit in which they serve. 
Circuit Public Defender Selection Panel members shall serve for a term of five 
years. A vacancy for an appointed member must be in the same manner of the 
original appointment filled by the appointing authority.

 (C)(B) By a weighted majority 
vote of its membership, the Senatorial 
delegation representing the judicial circuit Circuit 
Public Defender Selection Panel shall nominate a 
person recommend to the Governor three candidates to 
serve as the circuit public defender in the judicial circuit. The Governor shall appoint one of the three recommended 
candidates as provided in this article. The commission shall, by majority vote of its members, accept or 
reject the nomination, but may not substitute the name of another person. 
Initial appointments of circuit public defenders must be made in order for the 
first appointees to take office no later than one year from the effective date 
of this act, for a term of four years. A circuit public defender may be 
reappointed by the commission Governor 
to serve successive terms following the same manner of the original 
appointment. The circuit public defender for each judicial circuit must be a 
full-time employee of the State and must be compensated and have the same 
benefits as the circuit solicitor. A circuit public defender may not engage in 
the private practice of law or another full-time business for profit.

 (D)(C) A circuit public defender may be removed from office by the Governor in the manner provided in Section 
1-3-240(A)(3) for cause by a majority vote of the 
commission.

 (E)(D) If a vacancy occurs, by death, resignation, or 
otherwise, in the position of circuit public defender, then 
the commission Governor 
shall appoint an interima successor to fill the vacancy for the unexpired term. circuit public defender to serve until a replacement has been 
selected by the commission. The Circuit Public Defender Selection Panel shall 
nominate a replacement circuit public defender within three months of the 
occurrence of the vacancy. Selection of a replacement must be in the same 
manner as the original appointment.

SECTION 2. This act takes effect upon approval 
by the Governor.

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