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House Judiciary Committee approves outside counsel to probe possible impeachment of Fifth Circuit solicitor
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Summary
The South Carolina House Judiciary Committee voted to retain former U.S. attorney Walt Wilkins to investigate whether an impeachment of Fifth Circuit Solicitor Byron Gibson is warranted and granted subpoena authority to the committee chair; members raised cost and constitutional concerns during debate.
The South Carolina House Judiciary Committee on a subcommittee recommendation approved hiring outside counsel to investigate whether an impeachment resolution against Fifth Circuit Solicitor Byron Gibson is warranted and whether the state constitution permits the House to impeach a solicitor.
Representative Jordan moved that the committee delegate discovery and investigative authority to Walt Wilkins and grant Chairman Newton the subpoena powers authorized by S.C. Code §2-69-10. "I would move that the for this committee to then approve the subcommittee recommendation to delegate discovery and investigative authority to Walt Wilkins," Jordan said during the committee meeting.
Jordan described Wilkins as a seasoned prosecutor who served as the U.S. Attorney for the District of South Carolina in 2008, later was elected solicitor for the 13th Circuit in the Upstate, and now practices privately with Wilkins Davis in Greenville.
Members debated the motion before a roll call. Representative King pressed for a public estimate of the cost, noting no fiscal-impact statement is required for this action. The chair responded that the speaker's office typically engages outside counsel and negotiates rates and that attorney-client privilege will limit what can be disclosed: "Obviously, there are going to be some attorney client privilege discussions," the chair said.
Several members objected to the process and questioned the motive or legal basis for pursuing impeachment. Representative Bamberg said the effort "smells very DC style to me, and I don't think it's legitimate," and argued the South Carolina Supreme Court has already addressed related issues. Representative Hart said he could not support what he described as an attempt to "defenestrate an elected official" and noted no Richland County voters testified at the subcommittee hearing. Representative Robbins urged a rules review on the practice of sending letters to force hearings but expressed support for retaining Wilkins.
After discussion, the committee took a roll call and approved the subcommittee recommendation by a vote of 13 in favor, 5 against, and 7 not voting. The approved action delegates investigative and discovery authority to outside counsel and authorizes the committee chair to assist with subpoenas as permitted under S.C. Code §2-69-10. Resolution 45-64 is the underlying referral that prompted the inquiry; the committee said the investigation will examine whether Section 1, Article 15 of the South Carolina Constitution grants the House authority to pursue impeachment in this case.
The meeting concluded with the chair noting additional business—work on tort reform and medical malpractice issues—would be scheduled in coming weeks. The committee did not provide a public cost estimate for hiring outside counsel at the time of the vote and said members could request publication of cost information once available.
