Can Columbia’s top prosecutor be impeached? Here’s what SC lawmakers say

A far-right House lawmaker wants to impeach Byron Gipson, Richland County’s top criminal prosecutor. But whether the lower chamber even has the power to charge the state’s judicial solicitors is disputed.

If the House can impeach South Carolina’s elected prosecutors, critics from both parties worry the judicial system could be undermined by politics influencing solicitors’ decision-making.

“Not only is it unconstitutional, it runs the very real risk of trying to turn the justice system into a popularity contest,” 14th Circuit Solicitor Duffie Stone said of the impeachment resolution.

Stone and a bipartisan group of lawmakers argued impeaching the state’s criminal prosecutors was likely unconstitutional. The South Carolina constitution says the state House can impeach “officials elected on a statewide basis, state judges and such other state officers as may be designated by law.”

Lawmakers on the House Judiciary Committee voted to hire outside counsel to determine whether they could legally investigate and impeach Gipson, the 5th Circuit Solicitor, in a hearing Tuesday morning.

Gipson, an elected criminal prosecutor for Richland and Kershaw counties, had received political heat after the murder of Logan Federico in Columbia last year. Several Republican candidates for governor criticized Gipson or made requests of his office in how it handled the case. A state lawmaker from the SC House Freedom Caucus also filed a resolution to potentially impeach Gipson, the prompt for the House to question whether it had the power to charge solicitors.

Federico’s father, Stephen, had previously voiced frustration over communication between the 5th Circuit Solicitor’s office and his family, but Federico said Tuesday the relationship had improved.

“When it first happened, that was a little sketchy, but I think we’re in a much better place now,” Federico said about his communication with Gipson’s office.

State Rep. Tommy Pope, R-York, a former 16th Circuit solicitor, said he did not think the House could impeach elected criminal prosecutors. State Rep. Robby Robbins, R-Dorchester, agreed.

“The point is, it’s setting up a vehicle to carry out vendettas,” Pope said of the ability for the House to impeach local elected officials.

Several Democratic lawmakers, including Reps. Spencer Wetmore, D-Charleston, Justin Bamberg, D-Bamberg, and Chris Hart, D-Richland, were similarly skeptical over the House’s ability to impeach and questioned whether the criticism of Gipson was politically motivated.

“We’re here, in part, because of politicians who have illegitimate desires, and they’re willing to play with people’s emotions and use them to try to win some election,” Bamberg said. “And then, at the end of the day, them people are still left heartbroken.”

The opposed lawmakers, in addition to Stone, worried impeaching Gipson could further politicize the judicial system and impact solicitors making unpopular decisions. In a statement following the meeting, Gipson echoed the importance of prosecutors remaining independent.

“It is equally important to be clear about what is at stake,” Gipson said in a statement. “The independence of prosecutors is a cornerstone of our system of government. Prosecutorial discretion exists to ensure that decisions are guided by the law, the facts, and the pursuit of justice.”

Stone also said solicitors already had safeguards to ensure they were acting legally and ethically. He said the push to give the General Assembly more oversight comes from politicians looking to “score political points.” Plus, as elected officials, their constituents could hold them accountable.

Other Republican lawmakers believed the state House may have the authority to impeach the elected prosecutors. The panel of House lawmakers voted 3-2 along party lines to hire Walt Wilkins, a former solicitor from Greenville County, to investigate whether the General Assembly can constitutionally impeach solicitors.

“As much as I appreciate the opinion of my solicitor from home and my colleagues, none of them have a black robe,” state Rep. Weston Newton, R-Beaufort, told reporters after the meeting. Newton said he did not know how long it would take Wilkins to determine the House’s power.

The full Judiciary Committee is scheduled to vote on hiring Wilkins on Thursday. Wilkins served as the 13th Circuit Solicitor for 14 years and as U.S. district attorney in South Carolina. He now owns a law firm in the Upstate.

Why does Pace want Gipson impeached?

State Rep. Jordan Pace, R-Berkeley, chairman of the Freedom Caucus, proposed impeaching Gipson in December. His resolution accuses Gipson of aiding in the reduction of an inmate’s sentence, not properly notifying the victim’s family, keeping the sentence negotiations secret and “mishandling this and other criminal dispositions.”

Pace’s bill would direct the House to determine whether it constitutionally had the power to impeach Gipson. He believed the House could impeach Gipson, and the Senate had the power to remove him.

“The way I look at it, impeachment is the final step, the option of last resort when nothing else can be done to hold someone accountable,” Pace said.

Pace said the early release of Jeroid Price, who was convicted of murder and sentence to 35 years in prison in 2003, was the impetus for his impeachment inquiry. Price shot and killed Carl Smalls Jr., a former college football player, in 2002. After serving 19 years of his sentence, he was released early in an arrangement organized by Gipson, Price’s attorney Todd Rutherford and now-retired Judge Casey Manning, according to a 2023 state Supreme Court opinion.

But the state Supreme Court ordered Price back to prison in 2023. While inmates can be released early, the process must be public, the Supreme Court decided. Manning, Gipson and Rutherford organized the release deal privately in early 2023, according to the opinion.

Gipson said his office has clarified how it handles scenarios like the release of Price in the last three years.

“Since that time, our office has continued to strengthen internal procedures, reinforce safeguards and bring greater clarity to how matters of this nature are handled,” Gipson said in a statement.

The family of Smalls supported impeaching Gipson, Pace told lawmakers Tuesday. He read a letter he said was from the family.

“Our family was wronged by the solicitor, and we were willing to lend our voice in any effort to have him impeached,” Pace said, reading from Smalls family letter. “We support your efforts and are with you 100%.”

The resolution to possibly impeach Gipson also follows the 2025 killing of Federico, a 22-year-old from North Carolina. She was murdered in a Columbia home last May. Alexander Dickey was charged for the murder.

Dickey had previously been arrested and charged with burglary and larceny, which caused Federico and political candidates to question why he had the opportunity to kill Federico out of jail. Most of his criminal history occurred in Lexington County or jurisdictions outside the 5th Judicial Circuit.

Federico’s father, Stephen, attended the hearing Tuesday morning. Last year, he rallied with several Republican officials running for higher office, including governor hopeful U.S. Rep. Ralph Norman, to push for reform in how the state selects its judges. Norman demanded Gipson’s impeachment in September, calling him a “soft-on-crime solicitor.” U.S. Rep. Nancy Mace, another candidate for the Republican nomination for governor, also called for Gipson’s impeachment Tuesday and blamed him for Federico’s death.

Gipson and Federico shook hands following Tuesday’s meeting. Federico said he did not have an opinion on whether Gipson should be impeached, but he wanted to know who would be responsible for prosecuting his daughter’s murder case. The crime occurred in Gipson’s district.

“There’s only one reason we were here today, and that’s because we have a vested interest in Logan and who the solicitor is going to wind up being in the 5th Circuit, who’s going to prosecute her murder case,” Federico said after the meeting.

The bid to impeach Gipson was put on hold Tuesday while the General Assembly waits for Wilkins to investigate whether they have the power to do so.

Solicitor oversight proposal paused

A bill to create a governor-appointed commission that will oversee South Carolina solicitors was also put on hold while Wilkins investigates the House’s impeachment authority Tuesday. The bill would allow the commission to recommend removing solicitors or forcing them to retire.

Robbins, the sponsor of the bill, said he wanted to take politics out of accountability for solicitors. He said the bill was modeled after a Georgia law, created after Fulton County prosecutor Fani Willis’ investigation of President Donald Trump.

“It is not laid out to be any kind of witch hunt,” Robbins said. “There are very specific things in here that allow them to act with respect to a solicitor. I believe it will be a much better system than we presently have, and I think that it will eliminate the ability to have the general public make wild accusations on social media.”

Stone, a Lowcountry solicitor, told lawmakers the commission was unnecessary because prosecutors already had oversight. Pope, who removed himself as a co-sponsor on the bill, echoed Stone and worried it would open up the door to impeachment.

This story was originally published February 18, 2026 at 5:00 AM.