South Carolina Attorney General

South Carolina Attorney General
Post	Attorney General
Body	South Carolina
Incumbent	Alan Wilson
Incumbentsince	January 12, 2011
Department	Office of the Attorney General
Style	The Honorable
Seat	Columbia, South Carolina
Appointer	Popular election
Termlength	Four years
Constituting instrument	Constitution of South Carolina
Formation	1776
Salary	State-determined

South Carolina Attorney General The South Carolina Attorney General is the chief legal officer for the State of South Carolina, charged with representing the State in civil litigation and advising the Governor of South Carolina, the South Carolina General Assembly, and state agencies. The office interacts with federal entities such as the United States Department of Justice, coordinates with other state attorneys general like those of Georgia (U.S. state), North Carolina and Florida (state), and participates in multistate litigation involving parties such as Microsoft, Apple Inc., and Pfizer. The holder exercises prosecutorial discretion on civil matters, files appeals to the South Carolina Supreme Court and the United States Supreme Court, and collaborates with law enforcement agencies including the South Carolina Law Enforcement Division and county solicitors.

Office overview

The Office of the Attorney General is headquartered in Columbia, South Carolina near the South Carolina State House and comprises divisions for Civil Litigation, Criminal Appeals, Consumer Protection, Medicaid Fraud Control, and Child Support Enforcement. Staff attorneys work with entities such as the Federal Bureau of Investigation, the United States Attorney for the District of South Carolina, the National Association of Attorneys General, and nonprofit organizations like the American Civil Liberties Union when civil rights issues arise. The office files briefs in appellate courts including the United States Court of Appeals for the Fourth Circuit and coordinates with the South Carolina Department of Social Services and the South Carolina Department of Corrections on statutory interpretation and enforcement. Administrative oversight involves liaison with the South Carolina Budget and Control Board and interactions with the South Carolina Bar regarding attorney discipline and licensing matters.

Powers and responsibilities

The Attorney General supplies legal opinions to the Governor of South Carolina, members of the South Carolina General Assembly, and state agencies under authorities derived from the Constitution of South Carolina and state statutes. Responsibilities include representing the State in civil suits against corporations such as Enron-era litigants, pursuing antitrust claims akin to actions against Google LLC, enforcing consumer protection statutes related to entities like Equifax, and enforcing Medicaid-related fraud statutes in partnership with the Centers for Medicare & Medicaid Services. The AG authorizes participation in multistate settlements with pharmaceutical manufacturers including Johnson & Johnson and Purdue Pharma, and files amicus briefs in matters before the Supreme Court of the United States involving parties like National Rifle Association or American Medical Association. Criminal authority is primarily appellate and advisory; the office handles capital case appeals and interlocutory appeals involving defendants such as those tried before the United States District Court for the District of South Carolina.

Election and succession

The Attorney General is elected statewide every four years in elections concurrent with the South Carolina gubernatorial election and takes office following certification by the South Carolina State Election Commission. Candidates often emerge from backgrounds including service as county solicitors such as those in Charleston County, South Carolina or Richland County, South Carolina, positions within the United States Department of Justice, or roles at law firms that have represented clients like Duke Energy or Boeing. Vacancies are addressed under state law with interim appointment procedures involving the Governor of South Carolina and confirmation mechanisms tied to state constitutional provisions. Campaigns attract endorsements from figures such as former governors like Nikki Haley, Mark Sanford, or Jim Hodges, and judicial organizations including the South Carolina Judicial Conference.

History

The office traces origins to the revolutionary era and the Province of South Carolina legal tradition, evolving through the antebellum period, Reconstruction, and the Jim Crow era into the modern institution that engaged with twentieth-century litigants such as Standard Oil and twentieth- and twenty-first-century matters involving AT&T and Facebook. Notable historical interactions include opinion work during administrations of governors like Strom Thurmond and Carolina Democrats and litigation during civil rights conflicts involving parties such as Brown v. Board of Education-era enforcement issues. The AG’s role expanded with twentieth-century regulatory law, participating in New Deal-related matters with agencies like the Securities and Exchange Commission and later healthcare litigation linked to the Affordable Care Act.

Notable attorneys general

Prominent holders include figures who later served in higher office or influenced national debates: former attorneys general who became governors like Nick Theodore-era contemporaries, prosecutors who contested major criminal cases alongside federal prosecutors such as the United States Attorney General office, and civil litigators who confronted corporations including Tobacco industry litigations involving Philip Morris USA. Past attorneys general engaged in landmark appellate arguments before the United States Supreme Court and the South Carolina Supreme Court, working on matters connected to civil rights leaders like Martin Luther King Jr. and federal legislation such as the Civil Rights Act of 1964.

Controversies and landmark actions

The office has led or joined high-profile multistate lawsuits against corporations including Tobacco industry companies, major pharmaceutical firms like Purdue Pharma and Johnson & Johnson, and technology companies such as Google LLC and Facebook. Controversial actions have involved opinions and litigation touching on voting laws linked to the Help America Vote Act, disaster-response litigation after events like Hurricane Hugo (1989), and disputes over state sovereignty raised in suits against the United States Department of Justice. The AG’s civil enforcement choices have prompted scrutiny from advocacy groups including American Civil Liberties Union, media outlets like The New York Times and The Washington Post, and investigations by legislative committees such as those in the South Carolina General Assembly.

Category:South Carolina