Should they? Can they? – Subcommittee explores possible impeachment of Solicitor Byron Gipson

COLUMBIA, SC (WOLO) –Tuesday morning, a subcommittee hearing was held to determine if actions by Fifth Circuit Solicitor Byron Gipson warrant an inquiry into his impeachment.

But representatives say it’s not only a question of should they — it’s whether or not they have the authority to do so.

The House Resolution — led by Representative Jordan Pace — says Gipson was responsible for the early release of Jeroid Price in 2023 — who was serving a 35-year sentence for the murder of Carl Smalls, Jr.

The resolution also says Gipson allowed Price’s release without first properly notifying Smalls’ family.

However, representatives on the Constitutional Laws Subcommittee and fellow South Carolina solicitors argued that lawmakers do not have the authority to impeach someone who is not a statewide elected official.

“So what you’re asking me to do is to tell my constituents that we spent taxpayer dollars on an inquiry. If you could help me understand our legislative authority to do that, that would help me a lot,” says Rep. Spencer Wetmore, on the Constitutional Laws Subcommittee.

“Frankly, we have the ultimate authority within the (state) Constitution, it doesn’t say we can’t do that. Like the chairman said, Article 15 of the Constitution, it gives us the power to impeach when there’s been dereliction of duty from an elected official. That would be the basis of it,” says Rep. Jordan Pace.

“The articles of impeachment are unprecedented because you don’t have the authority to do it,” says Fourteenth Circuit Solicitor Duffie Stone while speaking at the hearing.

“I will not participate in feeding into this hyper nonsense political b-s that’s extorting people with broken hearts and taking advantage of people going through some real stuff,” says Rep. Justin Bamberg on the Constitutional Laws Subcommittee.

Rep. Pace spoke with ABC Columbia’s Lee Williams after Tuesday’s hearing about how he and Rep. Bamberg interpret the state Constitution differently.

“I think there’s a latent power there, so just because we haven’t prescribed by law how to do that, doesn’t mean we can’t do that,” says Pace.

Solicitor Gipson declined to speak on camera but released the following statement saying, “Today, members of the House Judiciary Constitutional Laws Subcommittee met as part of the ongoing inquiry. I respect the process and the role it plays in maintaining public trust in our justice system. Public trust matters, and accountability is essential to maintaining that trust. The South Carolina Supreme Court addressed the Price matter nearly three years ago, resolving the legal questions surrounding the case through the judicial process. 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. Our duty to victims, their families, and the communities of Richland and Kershaw counties remains at the center of every decision we make. That focus continues to guide our work and the standards we hold ourselves to as an office. We remain committed to carrying out our responsibilities with integrity, transparency, and an unwavering focus on public safety and justice in every case. It is equally important to be clear about what is at stake. 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. Any effort that weakens that independence risks undermining the very structure that protects the fairness and integrity of our courts. I have dedicated my professional life to the pursuit of justice and to protecting the communities I serve. As solicitor for the Fifth Judicial Circuit, I carry that responsibility with me in every case and every decision as we handle some of the most difficult cases our communities face. At the center of this work is a clear responsibility: securing justice, protecting public safety, and holding offenders accountable. That focus guides every decision made by this office. I will continue to cooperate fully with this inquiry. I carry the trust that the people of Richland and Kershaw counties placed in me, and I will continue working to protect public safety, support victims, and ensure that our justice system works as it should. I will lead this office with integrity as long as I have the privilege of serving the people of Richland and Kershaw counties.”

The parents of Logan Federico were also in attendance. Gipson came under fire last year when her father Steve Federico testified that he had not heard from Gipson in months.

However Federico says that’s “all been cleared up” and they were at the hearing on Tuesday only because of their daughter’s upcoming murder trial.

“I don’t think this has anything to do with Logan. We’re here because with in the next couple of months, we’re gonna need to know who that solicitor is, if there is a change. Whether, I’m not an attorney, whether a change is made or not, that’s not up to me,” says Federico.

Leaders say the full committee will retain outside counsel to help determine how to move forward. No timeline has yet been given.