Current Status Bill Number:
482Ratification Number: 288Act Number: 279Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970305Primary Sponsor: RybergAll Sponsors: RybergDrafted Document Number: res1317.wgrDate Bill Passed both Bodies: 19980317Date of Last Amendment: 19980312Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 19980408Subject: Public defenders not required to reside in county in which they serve, Attorneys
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A279 ------ 19980408 Unsigned, became law without signature of Governor ------ 19980401 Ratified R288 Senate 19980317 Concurred in House amendment, enrolled for ratification House 19980313 Read third time, returned to Senate with amendment House 19980312 Read second time, unanimous consent for third reading on Friday, 19980313 House 19980312 Amended House 19980311 Committee report: Favorable with 25 HJ amendment House 19970416 Introduced, read first time, 25 HJ referred to Committee Senate 19970415 Read third time, sent to House Senate 19970410 Read second time Senate 19970409 Committee report: Favorable 11 SJ Senate 19970305 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A279, R288, S482)
AN ACT TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THE PUBLIC DEFENDER OR ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
Be it enacted by the General Assembly of the State of South Carolina:
Residence requirements revised
SECTION 1. Section 17-3-60 of the 1976 Code is amended to read:
Section 17-3-60. If a majority of the attorneys of any county admitted to practice before the Supreme Court of this State, whose principal office is located in the county, elect to establish a public defender system in such county they shall do so in accordance with the following:
(a) The bar of the county shall create an eleemosynary corporation to be known as the Defender Corporation of County.
(b) The board of directors shall be composed of at least three but not more than ten attorneys of the county, to be elected or appointed by the bar of the county and the board shall exercise all the ordinary and usual functions including the selection and dismissal of personnel.
(c) The county shall have one or more public defenders and as many assistant defenders as deemed necessary by the directors, not to exceed the number of assistant solicitors of the circuit in which the county is located.
(d) The public defender and assistant public defenders shall be licensed to practice law in this State. The public defender or the assistant public defenders may reside outside of the county in which they serve.
(e) The public defender and assistant public defenders shall give priority to their duties under the provisions of this chapter, and may engage in the private practice of law only if permitted to do so by the board herein named and only to the extent that it will not interfere with, or prevent performance of, their duties as public defenders or assistant defenders; provided, public defenders and assistant public defenders shall not represent persons charged with a criminal offense under the laws of this State in their private practice of law.
(f) Each public defender shall receive as compensation an amount not to exceed that received by the solicitor of the judicial circuit in which he is located. Provided, however, that in counties where the public defender is full time and without private practice and the circuit solicitor serving that county engages in private practice, the compensation of the public defender shall not exceed the salary provided by law for a full-time circuit solicitor. Assistant public defenders shall receive as compensation amounts not to exceed the compensation received by assistant solicitors serving the county in which the assistant defender is located. No additional state funds shall be used to provide for such compensation of public defenders and assistant public defenders above the appropriations authorized by Sections 17-3-70 and 17-3-80.
(g) The board may employ such other part-time or full-time personnel as practicable and necessary for the efficient discharge of duties under this chapter.
(h) The corporation established hereunder is authorized to receive funds from any legitimate source in furtherance of the aims of this chapter.
(i) Nothing herein contained is designed to prevent the combined bars of two or more adjoining counties from jointly creating a defender corporation to be known as the Defender Corporation of and counties. For the purposes of this subsection the public defender or the assistant public defenders may reside outside of the defender corporation area.
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 04/08/98.