History

Our Projects

Law in Action, a not for profit corporation, was founded in 2002 to help reduce overcrowding at the Greenville County Detention Center and to provide free lawyers for poor parents whose children faced expulsion from Greenville County schools. Since then, we have added mock trials, workshops and a workers’ guide to our project list.

Student Defense Project reaches its goal

Lawyers with the Greenville County Bar signed up immediately to help form the Student Defense Project. In a matter of weeks the LIA director had recruited ten attorneys to represent indigent students in expulsion hearings. After Law in Action had its free lawyer program in place the volunteer attorneys unfortunately had few cases to handle. Although the Student Defense Project was free to the school district the Greenville County School Board voted not to inform parents that free lawyers were available to defend their children. As a result, for several years many poor parents who had not heard about the Student Defense Project attended their children’s expulsion hearings without important legal help. At that time the number of students recommended for expulsion was extremely high.

Law in Action campaigned aggressively and publicly for five years for the rights of indigent parents and students. LIA tried to convince the school board to tell parents about the Student Defense Project so that each low-income parent who wanted legal representation for his/her child would have it. LIA purchased highway billboards and handed out flyers at the district office on expulsion hearing days. Local newspapers got involved in support of our efforts, in particular the Greenville Journal. Due in part to the media pressure and favorable editorials by private citizens, the school board finally relented.

Now, when a parent in the Greenville County public school system receives a letter stating that his/her child faces expulsion, the letter also informs the parent that free lawyers are available and provides the number to call for legal help.

Law in Action is extremely proud of the Student Defense Project’s success. Once the goal of providing free lawyers for low-income parents whose children face expulsion from public schools was reached, Law in Action closed down the Student Defense Project. Lawyers from the Greenville County Bar are still helping parents and students as before through the Greenville office of South Carolina Legal Services (679-3232). Law in Action continues to encourage local lawyers to volunteer their services (one day per year) to this worthy cause.

Jail Project and timely release from jail

The Jail Project began when Law in Action became aware that many jailed defendants were being held in detention too long. For example, a person charged with disorderly conduct faces a maximum of thirty days in jail if convicted. And some of that time can be reduced for good behavior. Also, under South Carolina law any time spent in jail prior to trial automatically is credited to the final sentence. There is no valid reason for someone charged with a minor offense to stay in jail longer than his or her maximum possible sentence.

Before the Jail Project began, detainees often sat in jail months past their maximum thirty day sentences. There was no monitoring and release system in place for these defendants.

Initially through volunteers and later with the help of grant money from the South Carolina Bar Foundation and the Hollingsworth Fund, Law in Action investigators began to monitor detainees charged with minor offenses.

Officials with the Greenville County Detention Center became partners with Law in Action and helped us identify which defendants should be interviewed for possible early release. The jail provided LIA with a list of inmates several times per week. At the present time, Jail Project investigators visit the jail daily looking for defendants who can be released early and safely.

When we first started the Jail Project we had a hard time getting anyone out of jail. The director began by filing habeas corpus petitions in circuit court. These petitions alleged that jailed defendants should be immediately released because they were being held in violation of their right to a reasonable bond. In each habeas case that was filed, the Solicitor’s Office intervened and an order was signed releasing the defendant from jail.

After a series of habeas corpus cases, the Thirteenth Circuit Solicitor’s Office also became a Jail Project partner. The assistant solicitor in charge of magistrate cases agreed to release any defendant charged with a thirty day maximum crime after that person had been in jail for 24 days or more. The Jail Project would find “24 day cases”, notify the Solicitor’s Office and the circuit judges would sign an order for the jailed defendant’s release. This system worked very well and helped reduce jail overcrowding.

Each day a defendant stays in jail longer than he should stay costs us as taxpayers. Law in Action has estimated that during a four year period from 2007-2010 the Jail Project’s efforts to gain timely release of defendants charged with minor crimes has saved over $1 million in jail housing costs! During that same period the most annual funding received by Law in Action for the Jail Project was $30,000.00.

Two developments have helped greatly helped the work begun by the Jail Project. First, bond courts were instituted at the detention center. Arrested defendants have their bonds reviewed by magistrates who try to permit non-dangerous defendants to be released from jail on their promise to show up for court as scheduled. These personal recognizance (PR) bonds are preferred by state law but that preference was often overlooked.

Secondly, on October 28, 2010 Chief Justice Toal of the South Carolina Supreme Court issued an order requiring the on-call magistrate to issue a PR bond for any jailed defendant who has been “detained pretrial for the maximum amount of time the defendant would receive if convicted for the offense”. The chief justice’s order mirrors what the Jail Project has been doing since its inception.

Jail Project and the constitutional right to counsel

In addition the Jail Project’s work to guarantee timely release from jail for magistrate and city court detainees, we have been instrumental in enforcing the constitutional guarantee of the right to free counsel for indigent defendants.

In 2002 the United States Supreme Court expanded the right to counsel to include defendants whose sentences may “end up in the actual deprivation of a person’s liberty”. Law in Action interpreted this ruling to include all pretrial detainees since they would automatically receive jail credit for any sentence imposed. Then, in 2008 the Supreme Court ruled that the right to counsel attaches at a defendant’s arraignment. In the magistrate and city court systems the right to counsel applies when bond is set.

Taking these two important decisions together, Law in Action sought to convince the South Carolina Court Administration in Columbia that an order should be issued to protect all detained magistrate and city court defendants statewide and provide free lawyers for them. This request was rejected. However, LIA pursued this issue with the judges from the circuit court in the Upstate. With the leadership of Judge Miller and the support of the other judges of the 13th judicial circuit, the right to counsel for low income magistrate defendants held in jail has now been guaranteed by court order. That Standing Order was issued in December 2009.

As a result of the circuit court’s Standing Order, any jailed defendant who cannot afford counsel and wants an attorney will be assigned counsel. This was a very significant development, particularly since the right to counsel has not been guaranteed (yet) in other parts of the state.

In December 2010 Judge Stilwell extended the right to counsel to detained city court defendants. Now, any jailed defendant in Greenville who wants an attorney, including low income defendants who can’t afford counsel, can be screened for a free lawyer.

In large part due to Law in Action’s efforts, Greenville County is now in compliance with the decisions of the United States Supreme Court on the right to counsel for indigent detainees. Law in Action is proud of its role in making this happen. Also, LIA appreciates the clear and strong position taken by our circuit court judges as well as the willingness of the circuit public defender to accept these new clients.

Law In Action Jail Project Right to Counsel 2010

Government partnerships

Law in Action has been fortunate to have excellent partners in its efforts to ensure timely release on bond for lower court defendants and to protect the constitutional rights of low income defendants. The jail staff and administration have been a huge help as have been the bond court magistrates. The 13th Circuit Solicitor’s Office’s cooperation made timely release of detainees possible in many cases. The judges and public defender for the 13th judicial circuit provided the legal backing needed for the 6th Amendment’s right to counsel to bring to life for indigent detainees. Law in Action’s Jail Project is an example of how a non profit group, with solid government can make a difference. Law in Action also believes that any group should set a goal and when the goal has been reached, move on to other efforts. That is exactly what we have done with the Jail Project.

Closing down the Jail Project

With bond court, the early bond release state supreme court order and the right to counsel orders in place, the Jail Project has met its original goals and then some. Lawyers assigned to represent detainees will help defendants get out of jail. Bond court magistrates and city judges will continue to issue PR bonds and see that no defendant stays in jail beyond his/her maximum possible sentence. The tools are in place. Therefore, as of June 30, 2011 we are closing down the Jail Project.

Law In Action has a limited number of bumper stickers for those who would like to display the stickers on their vehicles. If you are interested, please contact our office at 232-9700.

Law in Action Board of Directors

• Barbara Bass
• Richard Burnette
• Elaine Chiles
• Mike Cubelo
• Steve O'Neill (Chairman)
• Cathy Stevens
• Jackie Teague