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Bill Number: 3872 Ratification Number: 234 Act Number 154 Introducing Body: House Subject: State attorneys
(A154, R234, H3872)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-380 SO AS TO ALLOW ATTORNEYS EMPLOYED BY EXECUTIVE STATE AGENCIES TO ENGAGE IN PRO BONO REPRESENTATION UNDER A PRO BONO PROGRAM ORGANIZED, SPONSORED, OR ENDORSED BY THE SOUTH CAROLINA BAR AND TO ESTABLISH REQUIREMENTS FOR THE REPRESENTATION AND TO PROVIDE THAT PRO BONO REPRESENTATION BY ATTORNEYS EMPLOYED BY THE GENERAL ASSEMBLY OR THE JUDICIAL DEPARTMENT ARE GOVERNED BY THE POLICIES AND RULES ADOPTED BY THEIR EMPLOYERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:
"Section 40-5-380. An attorney employed by any executive agency of the State may, with the permission of his agency head, represent without fees indigent clients referred by a pro bono program organized, sponsored, or endorsed by the South Carolina Bar. The pro bono service must be at no cost to the State, and may not conflict with the attorney's official duties or the interests of the State. The attorney shall use compensatory or annual leave for pro bono services performed during normal working hours. Practice by attorneys employed by the General Assembly or the Judicial Department shall be governed by such policies and rules as may be adopted by their respective employer."
SECTION 2. This act takes effect upon approval by the Governor.