Attorney IV, Disciplinary Counsel

Job Responsibilities

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

Under very limited supervision and direction of Disciplinary Counsel, this position is responsible for preserving the integrity of the South Carolina judicial system by screening and investigating allegations of ethical misconduct or incapacity involving judges and lawyers, prosecuting formal charges, and performing related duties essential to the administration of justice.

Essential Duties and Responsibilities of the Position

This job bulletin represents general duties for this position and is not intended to be construed as exclusive or all-inclusive. Other duties may be required and assigned.

Complaint Evaluation & Investigation

• Evaluate complaints and related information alleging ethical misconduct by judges or lawyers to determine whether to dismiss or open an investigation, in accordance with the Rules for Lawyer and Judicial Disciplinary Enforcement.
• Conduct investigations; draft notices of investigation; review responses; interview complainants, respondents, and witnesses; and obtain and analyze evidence including documents, statements, recordings, and bank records.
• Dismiss complaints when misconduct cannot be established by clear and convincing evidence or recommend letters of caution when appropriate.
• Draft, serve, and file petitions for interim suspension when misconduct or criminal charges pose a risk of harm to the public.
• Prepare and file Rule 28 petitions involving mental or physical incapacity when necessary.

Case Recommendations & Panel Proceedings

• Make recommendations to Investigative Panels of the Commission on Lawyer Conduct or Commission on Judicial Conduct regarding case disposition, including dismissal, caution letters, private admonitions, or recommendations for Supreme Court sanctions.
• Negotiate and draft agreements for discipline for submission to the appropriate Commission.
• Prepare panel summaries and appear before the Commissions as required.
• Request authorization to file formal charges; draft formal charges complaints; conduct discovery; prosecute formal disciplinary proceedings; and present opening statements, witness testimony, examinations, cross-examinations, closing arguments, and legal memoranda.
• Draft and submit Proposed Panel Reports; review final Panel Reports; and prepare exceptions when appropriate.

Supreme Court Filings & Appellate Work

• Prepare petitions, responses, and briefs in accordance with the South Carolina Appellate Court Rules.
• Conduct legal research and prepare written advocacy for review by the Supreme Court.
• Participate in oral argument before the Supreme Court when required.

Additional Legal & Administrative Duties

• Serve as opposing counsel in proceedings before the Committee on Character and Fitness regarding reinstatement or readmission of attorneys.
• Represent ODC at CLE programs, training, and presentations; prepare all necessary materials.
• Attend mandatory trainings and professional development programs.
• Maintain accurate records and notes in Time Matters or other case management systems.
• Meet with and provide direction to staff, including investigators and paralegals.
• Offer recommendations to Deputy Disciplinary Counsel and Disciplinary Counsel regarding investigations, prosecutions, staffing, procedures, and proposed rule amendments.
• Perform all other related duties as assigned.

Minimum and Additional Requirements

• Juris Doctor (JD) from an ABA-accredited law school.
• Admission to the South Carolina Bar.
• Seven (7) years of experience practicing law.
• Familiarity with the South Carolina Rules of Professional Conduct and their application to law office management and daily practice.
• Excellent computer skills, including proficiency in the Microsoft Office Suite.

Required Knowledge, Skills, Abilities and Other Characteristics

• Knowledge of the SC Rules of Professional Conduct, Rules of Civil Procedure, Rules of Evidence, and Appellate Court Rules.
• Knowledge of investigative methods and procedures.
• Proficiency with Microsoft Office and Adobe Acrobat.
• Strong analytical, organizational, and multitasking skills.
• Exceptional legal research and writing skills.
• Ability to communicate effectively with judges, attorneys, staff, and the public, including when handling sensitive or difficult issues.
• Ability to maintain confidentiality and exercise sound judgment.
• Ability to input data in Time Matters accurately and timely.
• Ability to work independently with minimal supervision in an autonomous, high-responsibility environment.
• Ability to use discretion when directing tasks to administrative assistants, paralegals, and investigators.
• Ability to sit for extended periods and work at a computer workstation for prolonged durations.

Physical Requirements

• Ability to exert light physical effort, including lifting, carrying, pushing, or pulling up to 20 pounds.
• Tasks may involve bending, standing, walking, kneeling, or balancing.

Other Requirements

• Must have dependable transportation.
• Occasional in-state and out-of-state travel (including overnight) required.

Preferred Qualifications

• Experience in civil or criminal trial proceedings.
• Experience in maintaining and managing trust accounts.

Additional Comments

The South Carolina Judicial Branch offers an exceptional benefits package for FTE positions that include:

• Health, Dental, Vision, Long Term Disability, and Life Insurance for Employee, Spouse, and Children.
• State Retirement Plan and Deferred Compensation Programs (Temporary positions have option to enroll).
• 15 days paid annual (vacation) leave per year.
• 15 days paid sick leave per year.
• Option to designate 10 days of earned paid sick leave per year as family sick leave.
• 13 paid state holidays.
• Workers’ Compensation Benefits.

Equal Opportunity Employer

The South Carolina Judicial Branch is an equal opportunity employer and is committed to providing equal employment opportunities to all applicants and does not discriminate on the basis of race, color, religion, national origin, sex, gender, pregnancy, age, or disability.