Before any such defense, however, is undertaken, an investigation shall be made of the facts on which the action or special proceedings are based and unless, in the opinion of the Attorney General, it appears that the officer or employee was acting in good faith, without malice, and in the course of his employment, the investigation shall proceed no further, nor shall any defense be provided for him by virtue of this section and Section 1-7-50. The investigation herein required to be made may be made by the Attorney General, any member of his staff, or by any solicitor or assistant solicitor when directed to do so by the Attorney General. In the event that it should appear that any such officer or employee is covered by any policy of insurance, under the terms of which the carrier is required to provide counsel, the Attorney General may, in his discretion, make no further investigation and provide no representation for any such party.
HISTORY: 1962 Code Section 1-234.1; 1960 (51) 1627.
Structure South Carolina Code of Laws
Title 1 - Administration of the Government
Chapter 7 - Attorney General And Solicitors
Section 1-7-10. Compensation of Attorney General.
Section 1-7-20. Bond of Attorney General.
Section 1-7-30. Appointment of Assistant Attorneys General.
Section 1-7-40. Appearance for State in Supreme Court and other courts and tribunals.
Section 1-7-50. Defense of actions against public officers and employees.
Section 1-7-90. Advice to General Assembly and Governor.
Section 1-7-100. Advice to solicitors; attendance at grand jury and trials.
Section 1-7-110. Advice to State officers and Public Service Commission.
Section 1-7-115. Duties of Division of Securities devolved upon Attorney General.
Section 1-7-117. Duties of Division of Public Charities devolved upon Attorney General.
Section 1-7-120. Action against intruders on property of State.
Section 1-7-130. Protection of public charities and prosecution of corporations.
Section 1-7-140. Annual report to General Assembly.
Section 1-7-150. Accounting to Treasurer; deposit of funds.
Section 1-7-160. Hiring of attorneys.
Section 1-7-170. Engaging attorney on fee basis.
Section 1-7-310. Number, election and terms of solicitors.
Section 1-7-320. Solicitors shall perform duties of Attorney General and assist in prosecutions.
Section 1-7-325. Solicitors to be full-time state employees; compensation; secretary.
Section 1-7-330. Attendance at circuit courts; preparation and publication of docket.
Section 1-7-340. Attendance at inquests and preliminary hearings in capital cases.
Section 1-7-370. When solicitors may defend accused persons.
Section 1-7-380. Litigation against the State prohibited.
Section 1-7-396. Full-time solicitor's investigator to have police power.
Section 1-7-400. Circuit solicitors disabled by intoxication.
Section 1-7-405. Appointment of assistant solicitors, investigators and secretaries.
Section 1-7-406. Full-time assistant solicitor and investigator for each judicial circuit.
Section 1-7-408. Repealed by 2005 Act No. 164, Section 37, eff June 10, 2005.
Section 1-7-410. Additional duties of solicitor for fourteenth judicial circuit.
Section 1-7-420. Assistant solicitor for first judicial circuit.
Section 1-7-430. Additional assistant solicitor for first judicial circuit.
Section 1-7-440. Assistant solicitor for third judicial circuit.
Section 1-7-450. Assistant solicitor for fourth judicial circuit.
Section 1-7-460. Assistant solicitors for fifth judicial circuit.
Section 1-7-470. Assistant solicitor for seventh judicial circuit.
Section 1-7-480. Assistant solicitor for eighth judicial circuit.
Section 1-7-490. Assistant solicitors for ninth judicial circuit.
Section 1-7-500. Assistant solicitor for tenth judicial circuit.
Section 1-7-510. Assistant solicitor for thirteenth judicial circuit.
Section 1-7-520. Assistant solicitor for fourteenth judicial circuit.
Section 1-7-530. Assistant solicitor for sixteenth judicial circuit.
Section 1-7-533. Special investigator for third judicial circuit.
Section 1-7-540. Special investigator and assistant special investigator for ninth judicial circuit.
Section 1-7-710. Defense of persons claiming under State.
Section 1-7-720. Suits for penalties.
Section 1-7-730. Examination of offices of county officers.
Section 1-7-740. Legal assistance to Dairy Board.
Section 1-7-750. Circuit solicitors authorized to employ outside counsel.
Section 1-7-910. Commission on Prosecution Coordination created.
Section 1-7-920. Commission membership.
Section 1-7-950. Election of chairman and officers.
Section 1-7-960. Executive director; staff.
Section 1-7-970. Compensation; expenses.
Section 1-7-990. Promulgation of regulations.