In South Carolina, a solicitor is the elected chief prosecutor for a judicial circuit, responsible for bringing criminal cases on behalf of the state across every county within that circuit. The title is the local equivalent of what most states call a district attorney or state’s attorney, and it comes from the state’s English legal heritage. Each of South Carolina’s judicial circuits elects its own solicitor to a four-year term, and that person controls criminal prosecutions throughout the circuit, even though the South Carolina Constitution designates the Attorney General as the chief prosecuting officer of the state.
Why the Title “Solicitor”
South Carolina kept the English term when most of the country moved on. Virginia uses “Commonwealth’s Attorney.” Other states use “district attorney” or “state’s attorney.” South Carolina uses “solicitor,” and the role is prosecutorial, not the civil-side solicitor you might find in English practice. If you see the word on a South Carolina ballot or indictment, it refers to the elected prosecutor for that circuit.
What a Solicitor Does
The work begins once law enforcement finishes an investigation and hands over a file. The solicitor reviews the evidence and decides whether to file charges, send the case back for more investigation, or decline to prosecute. That charging decision sits almost entirely at the solicitor’s discretion, with no judge or jury involved at that point.
Once charges are filed, the office handles every phase of the prosecution. For serious felonies, that includes presenting evidence to a grand jury to obtain an indictment. The solicitor’s team consults with law enforcement, prepares proposed indictments, and presents them to the grand jury panel, which votes to indict (“true bill”) or decline (“no bill”). At trial, solicitors or their assistants present evidence, question witnesses, and argue the state’s case before a judge or jury. In high-profile matters, especially those involving potential life sentences or the death penalty, the elected solicitor may personally try the case rather than delegating to an assistant. South Carolina still authorizes capital punishment for certain murder convictions.
Plea Deals and Diversion
Most cases never reach trial. Solicitors negotiate plea agreements with defense attorneys, trading reduced charges or lighter sentences for guilty pleas. This resolves cases faster and keeps dockets moving.
For first-time or nonviolent offenders, solicitors can offer pretrial intervention (PTI) as an alternative to prosecution. PTI diverts eligible defendants into supervision, community service, or treatment; successful completion results in dismissal of the charges. South Carolina law spells out who qualifies and who is excluded, barring people charged with violent offenses from the program.1South Carolina Legislature. South Carolina Code of Laws Title 17 Chapter 22 – Intervention Programs Individual circuits may run additional diversion options such as drug courts, mental health courts, traffic education, and worthless check units.
Which Cases and Which Counties
South Carolina organizes its trial courts into judicial circuits, each covering multiple counties. The South Carolina Judicial Branch maintains a circuit map showing every county’s assignment.2South Carolina Judicial Branch. Circuit Map A solicitor’s authority is limited to the circuit that elected them. They cannot prosecute a case in another circuit unless the Attorney General assigns them there under the state’s reassignment statute.
Circuit size varies. Urban circuits handle a much higher volume of felony cases and typically staff large offices with assistant solicitors organized into specialized units for homicides, sexual assaults, domestic violence, drug crimes, and juvenile matters. Rural circuits work with smaller budgets and longer distances between courthouses. Solicitors assign assistants to specific counties or case types within the circuit to manage the spread.
When a crime spans more than one circuit, the affected solicitors coordinate to decide which office takes the lead. If a conflict of interest arises, the Attorney General can step in and reassign the case to a different circuit solicitor.3South Carolina Legislature. South Carolina Code of Laws Title 1 Chapter 7 – Attorney General and Solicitors – Section 1-7-350
How Someone Becomes a Solicitor
The South Carolina Constitution requires each judicial circuit to elect a solicitor to a four-year term.4South Carolina Legislature. South Carolina Constitution Article V – The Judicial Department – Section 24 These are partisan races, with candidates running under a political party and typically competing in a primary before the general election. State statute specifies that the term begins at noon on the first Wednesday following the second Tuesday in January after the election.5South Carolina Legislature. South Carolina Code 1-7-310 – Number, Election and Terms of Solicitors
The qualification spelled out in the solicitor-specific statute is that the candidate must be licensed to practice law by the South Carolina Bar at the time of election and throughout the entire term.5South Carolina Legislature. South Carolina Code 1-7-310 – Number, Election and Terms of Solicitors A solicitor who loses their license through disciplinary action can no longer fulfill the duties of the office. General state election law adds the requirements that apply to all elected officials, including U.S. citizenship and residency within the jurisdiction being sought, which for solicitors means living in the circuit. Residency is judged by the candidate’s permanent home, and challenges can result in disqualification.
The office does not simply go vacant if an election is delayed or contested. The constitution provides that solicitors serve until their successors are “elected and qualify.”4South Carolina Legislature. South Carolina Constitution Article V – The Judicial Department – Section 24
Where the Attorney General Fits In
South Carolina gives the Attorney General more authority over local prosecutors than many states do. The constitution names the Attorney General as “the chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record.”4South Carolina Legislature. South Carolina Constitution Article V – The Judicial Department – Section 24
That authority works through several statutory mechanisms. The Attorney General consults with and advises solicitors on matters tied to their duties. When the state’s interest requires it, the Attorney General can attend a grand jury examination in capital cases, or appear at trial and take over direction and management of the prosecution entirely. The Attorney General also holds the exclusive right to assign solicitors to criminal matters outside their home circuit when a local solicitor is incapacitated, conflicted out, or otherwise unable to handle the case.3South Carolina Legislature. South Carolina Code of Laws Title 1 Chapter 7 – Attorney General and Solicitors – Section 1-7-350 The same statute requires solicitors to represent state institutions, departments, and agencies within their circuits as assigned by the Attorney General.
What Victims Can Expect From a Solicitor’s Office
South Carolina’s constitution gives crime victims enforceable rights that shape how a solicitor’s office handles cases. Victims have the right to be reasonably informed about criminal proceedings, to be notified if the accused is arrested, released, or escapes, and to confer with the prosecution before the case goes to court.6South Carolina Attorney General. Victims’ Rights Victims also have the right to be heard at bond hearings, plea proceedings, and sentencing. A solicitor’s office that fails to honor these rights can be compelled to comply through a writ of mandamus, and willful noncompliance is punishable as contempt of court.
How This Differs From Other States
Beyond the title, two structural features set South Carolina apart. First, prosecution is consolidated at the judicial circuit level, so one elected solicitor covers multiple counties. Many states assign a separate prosecutor to each county, which can produce wide variation in how neighboring jurisdictions handle the same type of crime. The circuit system smooths some of that out, though differences in priorities and resources between circuits still exist.
Second, the Attorney General’s supervisory power is more extensive than in many states where district attorneys operate with near-total independence. The constitutional grant of authority to supervise all criminal prosecutions in courts of record, and to take over cases when the state’s interest requires it, is a level of centralized oversight that is less common nationally. South Carolina also elects its solicitors in partisan races, while a few states appoint their prosecutors at the state level.