Legal Opinion
In Re Richland County Magistrate's Court
Supreme Court of South Carolina
Decided September 7, 2010No. 26876PublishedCited by 3 opinions
1Opinion of the Court
*410Justice PLEICONES.
Petitioner, Fifth Judicial Circuit Solicitor W. Barney Giese, filed this declaratory judgment action in the Court’s original jurisdiction seeking a determination whether it is the unauthorized practice of law for a non-lawyer to represent a business as prosecutor of a criminal misdemeanor charge, other than a traffic offense, in magistrate’s court. We hold that such action constitutes the unauthorized practice of law.
BACKGROUND
In May 2009, two cases involving the prosecution and recovery of worthless checks were called in Richland County magistrate’s court. In each case, a…
2Cases cited18 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Huntington v. AttrillSupreme Court of the United States · 1892
- Standefer v. United StatesSupreme Court of the United States · 1980
- People v. Superior Court (Greer)California Supreme Court · 1977
- United States v. F. W. StandeferCourt of Appeals for the Third Circuit · 1979
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3Cited by3 opinions
- Robert Salley v. Paul MyersCourt of Appeals for the Fourth Circuit · 2020
- In Re Richland County Magistrate's CourtSupreme Court of South Carolina · 2010
- Rainey v. HaleySupreme Court of South Carolina · 2013