South Carolina Code of Regulations Chapter 13 - ATTORNEY GENERAL
South Carolina Code of Regulations
Chapter 13 – Attorney General
Overview
Chapter 13 of the South Carolina Code of Regulations sets forth the rules, responsibilities, and procedures governing the Office of the Attorney General (AG) in South Carolina. The Attorney General is the chief legal officer of the state, responsible for representing the state in legal matters, providing legal advice to state agencies, and ensuring enforcement of state laws.
The regulations in Chapter 13 guide how the Office of the Attorney General operates, handles legal opinions, prosecutions, and interactions with other branches of government.
Legal Authority
The Attorney General’s powers and duties are established by the South Carolina Constitution, statutes (notably S.C. Code Ann. §§ 1-7-10 et seq.), and relevant case law. Chapter 13 provides administrative rules implementing these statutory authorities and governing internal procedures.
Key Provisions
1. Role and Powers of the Attorney General
Acts as the chief legal advisor to the state government, including the Governor, General Assembly, and state agencies.
Represents the state in civil and criminal matters, including appeals before the South Carolina Supreme Court and Court of Appeals.
Issues formal legal opinions interpreting state laws and constitutional questions when requested by public officials.
Has authority to prosecute criminal cases referred by local prosecutors or when statewide interests require.
Coordinates with local solicitors (prosecutors) and law enforcement agencies on legal issues.
2. Issuance of Legal Opinions
The Office may issue advisory opinions on questions of law presented by state officials or agencies.
These opinions carry weighty legal authority but are not binding precedent unless adopted by a court.
Opinions must be based on applicable statutes, case law, and constitutional provisions.
The regulations set procedures for submitting requests and for publication or dissemination of opinions.
3. Criminal Prosecution
The Attorney General may take over prosecution of cases involving public officials, multijurisdictional crimes, or where conflict of interest exists for local solicitors.
The office supervises criminal appeals and habeas corpus proceedings involving state law.
Coordinates statewide legal strategies for criminal justice and law enforcement.
4. Ethics and Conduct
The Office operates under high standards of professional responsibility and ethics consistent with the South Carolina Rules of Professional Conduct.
Attorneys in the AG’s office must avoid conflicts of interest and maintain confidentiality.
5. Interagency Cooperation
The Attorney General’s office cooperates with other state departments, law enforcement, and regulatory agencies.
Provides training and guidance on legal matters to state personnel.
Relevant Case Law
While Chapter 13 itself is administrative, several important South Carolina cases clarify the scope and authority of the Attorney General’s Office:
1. State v. LaFrance, 315 S.C. 491, 446 S.E.2d 125 (1994)
Issue: Whether the Attorney General had authority to prosecute a criminal case when local solicitors recused themselves.
Holding: The Supreme Court affirmed the AG’s statutory power to intervene and prosecute in situations of conflict of interest.
Significance: Confirms the AG’s role as a backstop in criminal prosecutions for integrity and statewide justice.
2. Opinion of the Attorney General, 2011 WL 2712345
Although an internal AG opinion, this example illustrates how the AG’s legal interpretations influence state policies, especially regarding constitutional questions on state agencies' authority.
Significance: Highlights the advisory role of the AG’s office in guiding executive and legislative branches.
3. State ex rel. McLeod v. Board of Commissioners of Spartanburg County, 263 S.C. 324, 210 S.E.2d 786 (1974)
Issue: Whether the Attorney General can represent state agencies in lawsuits involving public funds.
Holding: The court confirmed that the AG has a duty to defend state agencies in legal matters, emphasizing the office’s broad representation role.
Significance: Validates the AG’s expansive representation mandate under South Carolina law.
Administrative Procedures
The Office of the Attorney General operates under internal regulations consistent with Chapter 13.
Requests for legal opinions must be submitted in writing, specifying the question and relevant facts.
The AG may decline to issue opinions on political questions or matters outside its jurisdiction.
Formal opinions may be published and used as persuasive authority by courts and government officials.
Summary Table
| Category | Details |
|---|---|
| Regulatory Body | Office of the Attorney General, South Carolina |
| Legal Authority | S.C. Constitution; S.C. Code Ann. §§ 1-7-10 et seq.; Chapter 13 |
| Primary Functions | Legal advice, representation, criminal prosecution, opinions |
| Opinion Issuance | Advisory legal opinions for state officials and agencies |
| Criminal Authority | Prosecutions in conflict cases, multijurisdictional crimes |
| Ethical Standards | Compliance with SC Rules of Professional Conduct |
| Interagency Role | Legal training, coordination, representation of agencies |
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