South Carolina Lawyers Weekly
HILTON HEAD ISLAND (AP) – South Carolina’s top prosecutors have asked the state Supreme Court to reconsider a ruling that took control of trial dockets from them.
The Island Packet of Hilton Head reports that the state Solicitors Association asked the court to give a second look to a decision last month that said the state law giving local solicitors authority over calling criminal cases is unconstitutional.
The Attorney General’s Office is also asking the justices to reconsider.
The Supreme Court sided with public defenders, who said the law violates the separation of powers by giving judicial responsibility to a prosecutor, or member of the executive branch.
Solicitor Duffie Stone says the ruling went too far because judges can overrule prosecutors about when a trial starts.
