Attorney III

Location: Columbia

Job Responsibilities

The South Carolina Judicial Branch (SCJB) is seeking a highly experienced Attorney III to join the Office of Disciplinary Counsel (ODC).

Under limited supervision and direction of Disciplinary Counsel, work to preserve the integrity of the South Carolina judicial system and the confidence of the public in the administration of justice, by screening and investigating allegations of ethical misconduct and incapacity of judges and lawyers, prosecuting formal charges and other duties as assigned.

Essential Duties and Responsibilities of the Position

Receive complaints regarding alleged ethical misconduct by a lawyer or judge; screen complaints of misconduct by a lawyer or judge by assessing whether, "if true," the complaint alleges conduct in violation of the ethical rules applicable to lawyers or judges; dismiss complaints that do not meet the "if true" threshold, meaning there is no allegation of a possible viable case of misconduct by a lawyer or judge.

Investigate potential complaints that meet the "if true" threshold by sending a notice of investigation to a lawyer or judge, obtaining and reviewing a response from the lawyer or judge, reviewing submissions by the complainant or the respondent (judge or lawyer), contacting and interviewing witnesses regarding alleged misconduct, and obtaining other evidence, including documents, or statements under oath where beneficial; dismiss complaints when misconduct may not be established by clear and convincing evidence following investigation.

Recommend to Disciplinary Counsel the issuance of letters of caution where appropriate to remind lawyers or judges to be more attentive to obligations under the Rules of Professional Conduct, the Code of Judicial Conduct, or other rules governing ethical conduct; refer complaints to other agencies when appropriate, including law enforcement for criminal activity or the State Ethics Commission for public servants.

Notify complainants about the disposition of the complaints, including the ability to seek review of the disposition by a Panel of the Commission on Lawyer or Judicial Conduct; make recommendations to an investigative Panel of the Commission on Lawyer Conduct or Judicial Conduct on the disposition of complaints after investigation, including possible dismissal, sending a letter of caution, imposing a private admonition, or recommending to the Supreme Court to enter a sanction pursuant to Rule 7(b), RLDE, Rule 413, SCACR.

Negotiate and draft agreements for discipline with a lawyer or judge for submission to the Commission on Lawyer Conduct or the Commission on Judicial Conduct; file formal charges when directed to do so by an investigative Panel of the Commission on Lawyer or Judicial Conduct; obtain and review responses from the subject lawyer or judge to the formal charges that were filed and served;

prosecute formal charges, which includes engaging in limited discovery and exchange of information, such as by response to initial disclosures (Rule 25(a), RLDE), depositions (Rule 25(c), RLDE), pre-hearing disclosures (Rule 25(b), RLDE), provision of exculpatory evidence (Rule 25(d), RLDE), supplementing responses where appropriate (Rule 25(e), RLDE), obtaining resolution of any discovery disputes from the Commission hearing panel chair (Rule 25(h), RLDE).

Participate in a pre-hearing conference with respondent and the Commission hearing panel chair to discuss evidentiary issues and manner of proceeding at the hearing before a Commission Panel.

Prepare for the Panel hearing by reviewing the case file, preparing exhibits, subpoenaing witnesses, performing legal research, preparing memoranda of law, and preparing opening statements and closing arguments; participate in the hearing by presenting an opening statement, calling witnesses to testify, examining or cross-examining witnesses, presenting a closing argument, and presenting memoranda of law; obtaining and reviewing the transcript of the testimony and exhibits for preparation of a proposed Panel Report;

drafting and submitting a proposed Panel Report; receiving and reviewing the final Panel Report filed by the Commission Panel;…