Advance Sheet No. 2, Jan. 20, 2021
Justice Kittredge: Jan. 20, 2021
The South Carolina Supreme Court held that a State Solicitor, serving as acting Attorney General, had the authority to prosecute an individual for perjury but lacked the authority to prosecute the same individual for misconduct in office. The Court found that the Solicitor’s authority to pursue the perjury indictment arose out of the authority given to the Solicitor by the Attorney General. Conversely, the Court found that the misconduct in office indictment was outside of the authority granted to the Solicitor by the Attorney General.
Justice Hearn concurred in part and dissented in part , stating that she would have found that the Solicitor acted within his authority in pursuing the public corruption charges.
Ultimately, the Court affirmed the appellate court’s judgment for perjury but vacated the lower court’s judgment on the misconduct in office charges and remanded the case back to the lower court for further proceedings.