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Amendments to Rules 407 and 501, SCACR

By order dated December 16, 2010, the Supreme Court has amended Rule 7.3(d)(3) of the Rules of Professional Conduct, Rule 407, SCACR, to update the contact information for the Commission on Lawyer Conduct.  The Court also amended the Terminology section of the Code of Judicial Conduct, Rule 501, SCACR, to include a definition of serious crime.  Finally, the Court amended Canon 3(D) of the Code of Judicial Conduct to include a provision requiring an arrest or charge for a serious crime be reported to the Commission on Judicial Conduct.

 


2010-12-16-02

The Supreme Court of South Carolina

In re: Amendments to the Rules of Professional Conduct,
Rule 407, SCACR, and the Code of Judicial Conduct, Rule 501, SCACR.


ORDER


The Commission on Lawyer Conduct and the Commission on Judicial Conduct have proposed certain amendments to the Rules of Professional Conduct, Rule 407, SCACR, and the Code of Judicial Conduct, Rule 501, SCACR.  The Commission on Lawyer Conduct proposes amending Rule 7.3(d)(3) of the Rules of Professional Conduct, Rule 407, SCACR, to update the contact information for the Commission on Lawyer Conduct.  The Commission on Judicial Conduct proposes amending the Terminology section of the Code of Judicial Conduct to include a definition of "serious crime" and revising Canon 3(D) to require that judges self-report arrests for certain crimes.

Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby adopt the proposed amendments.  These amendments shall become effective immediately.  A copy of the amended rules is attached.

IT IS SO ORDERED.

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
December 16, 2010


AMENDMENTS TO RULE 407, SCACR
RULES OF PROFESSIONAL CONDUCT

RULE 7.3(d)(3)

(3) Each written or recorded solicitation must include the following statement: "ANY COMPLAINTS ABOUT THIS LETTER (OR RECORDING) OR THE REPRESENTATIONS OF ANY LAWYER MAY BE DIRECTED TO THE COMMISSION ON LAWYER CONDUCT, 1015 SUMTER STREET, SUITE 305, COLUMBIA, SOUTH CAROLINA 29201-TELEPHONE NUMBER 803-734-2037." Where the solicitation is written, this statement must be printed in capital letters and in a size no smaller than that used in the body of the communication.

AMENDMENTS TO RULE 501, SCACR
CODE OF JUDICIAL CONDUCT

TERMINOLOGY

"Require." . . .
“Serious Crime.” Any felony; any lesser crime that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; or, any crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, willful failure to file income tax returns, or an attempt, conspiracy or solicitation of another to commit a serious crime.

CANON 3

D. Disciplinary Responsibilities
. . .
(4) A judge who is arrested for or has been charged by way of indictment, information or complaint with a serious crime shall inform the Commission on Judicial Conduct in writing within fifteen days of being arrested or being charged by way of indictment, information or complaint.