(A) The Attorney General or his designee shall attend sessions of a state grand jury and shall serve as its legal advisor. The Attorney General or his designee shall examine witnesses, present evidence, and draft indictments and reports upon the direction of a state grand jury.
(B) In all investigations of the crimes specified in Section 14-7-1630, except in matters where the solicitor(s) or his staff are the subject(s) of such investigation, the Attorney General shall consult with the appropriate solicitor(s) of the jurisdiction(s) where the crime or crimes occurred. After consultation, the Attorney General shall determine whether the investigation should be presented to a county grand jury or whether to initiate, under Section 14-7-1630(B), a state grand jury investigation.
(C) When the Attorney General determines that he should recuse himself from participation in a state grand jury investigation and prosecution, the Attorney General may either refer the matter to a solicitor for investigation and prosecution, or remove himself entirely from any involvement in the case and designate a prosecutor to assume his functions and duties pursuant to this article. When a solicitor determines that he should recuse himself from participation in a state grand jury matter, the Attorney General shall conduct such investigation and prosecution but the Attorney General, in his discretion, may designate another solicitor or appoint a special prosecutor not subject to a conflict to handle or assist him in the state grand jury investigation as the Attorney General deems appropriate.
(D)(1) A hearing on a motion to disqualify the Attorney General or legal advisor for the state grand jury from a state grand jury investigation shall be held in public, however the presiding judge must conduct the hearing in a manner to insure the secrecy and integrity of the investigation. The presiding judge shall protect the identity of the person or persons being investigated to the extent practicable. In order to disqualify the Attorney General or legal advisor for the state grand jury, the presiding judge must find an actual conflict of interest resulting in actual prejudice against the moving party. If the Attorney General or legal advisor for the state grand jury or a member of the staff is disqualified then the Attorney General must refer the matter to a circuit solicitor for investigation and prosecution. If a circuit solicitor or special prosecutor, or member of their staff, is disqualified, the matter must be referred to the Office of the Attorney General for investigation or prosecution.
(2) An order to disqualify the Attorney General or legal advisor for the state grand jury from a state grand jury investigation, issued prior to the issuance of an indictment or arrest warrant, shall not become effective less than ten days after the date issued and notice is given to the opposing parties unless appealed. If an appeal from the order is made, the state grand jury and the Attorney General or legal advisor for the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise their powers pending disposition of the appeal. The Supreme Court must handle all appeals from this section in an expedited manner.
(3) The state grand jury may continue with its investigation and the Attorney General or the solicitor or his designee may continue to serve as legal advisor to the state grand jury with all authority, functions, and responsibilities set forth in this article, until the final order becomes effective or upon the issuance of the final order of the Supreme Court if appealed, whichever occurs later.
HISTORY: 1987 Act No. 150, Section 1, eff from and after February 8, 1989 (the date the amendments to Article I, Section 11, and Article V, Section 22, of the South Carolina Constitution were ratified and declared to be part of the Constitution); 1992 Act No. 335, Section 1, eff May 4, 1992; 2015 Act No. 45 (S.268), Section 2, eff June 3, 2015.
Structure South Carolina Code of Laws
Chapter 7 - Juries And Jurors In Circuit Courts
Section 14-7-10. Rules of construction.
Section 14-7-20. Words "male" and "men" to include "female" and "women".
Section 14-7-30. "Clerk" defined.
Section 14-7-40. Summoning and empanelling jurors by coroners, clerks, or magistrates not affected.
Section 14-7-110. Summoning of jurors by clerk of the court of common pleas.
Section 14-7-120. Vacancy or disqualification in office of jury commissioner.
Section 14-7-140. Use of computer for drawing and summoning jurors.
Section 14-7-150. Preparation of jury box.
Section 14-7-160. Drawing and notification of jurors.
Section 14-7-180. Custody of jury box and keys.
Section 14-7-210. Discharge of jury prohibited.
Section 14-7-220. Drawings to be open and public; notice.
Section 14-7-230. Methods for drawing names of jurors.
Section 14-7-240. Selection of jurors by drawing.
Section 14-7-250. Disposition of names of those who are drawn and serve on a jury pool.
Section 14-7-260. Number of jurors to be drawn and summoned.
Section 14-7-270. Preparation of special jury list in certain circumstances.
Section 14-7-280. Duty of circuit judge in case of irregularities.
Section 14-7-290. Preparation of special list and drawing of special jury in certain circumstances.
Section 14-7-300. Supplying deficiency in number of jurors drawn.
Section 14-7-310. Venires for additional jurors.
Section 14-7-320. Calling of alternate jurors.
Section 14-7-330. Notice of motion to quash panel because of disqualification of jury commissioners.
Section 14-7-340. Procedure to obtain jurors when jury commissioners are disqualified.
Section 14-7-350. Term of extra or special panel.
Section 14-7-360. Requirement that persons serve as jurors unless disqualified or excused.
Section 14-7-370. Penalty for neglect of duty in drawing and summoning jurors.
Section 14-7-380. Punishment of jury commissioners guilty of fraud.
Section 14-7-390. Service of summons for jury duty by first class mail or by alternate method.
Section 14-7-410. Service of summons for jury duty by certified mail; alternate procedure.
Section 14-7-430. Exclusiveness of method and procedure described by this article.
Section 14-7-810. Enumeration of disqualifications in any court.
Section 14-7-820. Disqualification of county officers and court employees.
Section 14-7-830. Exclusion from jury service of members of grand jury which found indictment.
Section 14-7-845. Postponement of jury service for students and school employees.
Section 14-7-850. Frequency of jury service.
Section 14-7-870. Procedures applicable to excused jurors.
Section 14-7-1030. Time for making objections to jurors.
Section 14-7-1040. Juror's liability to pay taxes not cause of challenge.
Section 14-7-1050. Impaneling jury; in court of common pleas.
Section 14-7-1060. Procedures to be employed by clerk to draw jury panel.
Section 14-7-1080. Effect of jury's delay in rendering verdict.
Section 14-7-1100. Impaneling jury in criminal case.
Section 14-7-1110. Peremptory challenges in criminal cases.
Section 14-7-1120. Challenges and strikes of alternate jurors.
Section 14-7-1130. Juror may take affirmation instead of oath.
Section 14-7-1140. Effect on verdict of irregularity in venire or drawing of jurors.
Section 14-7-1320. Jury may view place, property, or thing; expenses.
Section 14-7-1330. Procedure when jury fails to agree.
Section 14-7-1340. Duties and service of alternate jurors.
Section 14-7-1350. Petit jurors may be held beyond period for which summoned.
Section 14-7-1360. Verdict may be set aside on gratuity given to juror by party.
Section 14-7-1370. Compensation of jurors in circuit courts.
Section 14-7-1380. Cost of feeding juries paid by county.
Section 14-7-1390. Penalty for nonattendance.
Section 14-7-1520. Drawing of juror names; writs of venire facias; issuance and delivery of writs.
Section 14-7-1540. Drawing of grand jurors and alternates.
Section 14-7-1560. Employment of expert accountants.
Section 14-7-1600. Short title; State Grand Jury of South Carolina defined.
Section 14-7-1610. Legislative findings and intent; applicability.
Section 14-7-1615. Definitions.
Section 14-7-1620. State grand jury system established; meeting place; quorum.
Section 14-7-1640. Indictment by state grand jury; powers and duties of state grand jury.
Section 14-7-1650. Duties and obligations of Attorney General; recusal; motion to disqualify.
Section 14-7-1660. Selection of grand jurors.
Section 14-7-1670. Appointment of foreman and deputy foreman.
Section 14-7-1680. Issuance of subpoenas and subpoenas duces tecum; contempt for failure to respond.
Section 14-7-1690. Notification of expansion of areas of inquiry.
Section 14-7-1710. Administrating oath or affirmation by foreman.
Section 14-7-1730. Jurisdiction of presiding judge.
Section 14-7-1740. Scheduling of activities of state grand jury.
Section 14-7-1750. Indictment by state grand jury; sealed indictment.
Section 14-7-1770. Sealing of records, orders, and subpoenas.
Section 14-7-1790. Employment of experts by state grand jury.
Section 14-7-1800. Rules for operation of state grand jury system.
Section 14-7-1810. Severability clause.
Section 14-7-1820. Application of article.
Section 14-7-1920. Impanelment of grand jurors; issuance and delivery of writs of venire facias.
Section 14-7-1940. Drawing of grand juror and alternate names; discharge of remaining jury venire.
Section 14-7-1950. Application of other law relating to grand juries and jurors.
Section 14-7-1960. Election of alternate provisions by county ordinance.
Section 14-7-1970. Periodic exemption of jurors from subsequent duty.