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The Supreme Court of South Carolina

Re: Amendment to South Carolina Appellate Court Rules

Appellate Case No. 2013-000124


Comment 3 to Rule 8.4, RPC, Rule 407, SCACR, refers to Paragraph (d) of Rule 8.4 in setting forth examples of a specific ground for misconduct.  However the Comment should refer to Paragraph (e) of Rule 8.4.  Accordingly, Comment 3 to Rule 8.4, RPC, is hereby amended to correct this scrivener's error, as set forth in the attachment to this Order.  The amendment is effective immediately. 

s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
February 5, 2013

Comment 3 to Rule 8.4, RPC, Rule 407, SCACR,

is amended to provide as follows:

[3] A lawyer who, in the course of representing a client, knowingly manifests by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, violates paragraph (e) when such actions are prejudicial to the administration of justice.  Legitimate advocacy respecting the foregoing factors does not violate paragraph (e).  A trial judge's finding that peremptory challenges were exercised on a discriminatory basis does not alone establish a violation of this rule.