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IN RE RICHLAND COUNTY MAGISTRATE'S COURT

No. 26876.

389 S.C. 408 (2010)

699 S.E.2d 161

In the Matter of RICHLAND COUNTY MAGISTRATE'S COURT, Fifth Judicial Circuit Solicitor W. Barney Giese, Petitioner.

Supreme Court of South Carolina.

Decided September 7, 2010.

Attorney(s) appearing for the Case

W. Barney Giese , Solicitor, and Aaron S. Jophlin , Assistant Solicitor, both of Columbia, for Petitioner.

Douglas S. Strickler , Chief Public Defender, Chris S. Truluck , Assistant Public Defender, and Charlie W. Cochran , Assistant Public Defender, all of Columbia, for Respondent.

Justice PLEICONES:

Petitioner, Fifth Judicial Circuit Solicitor W. Barney Giese, filed this declaratory judgment action in the Court's original jurisdiction seeking a determination whether it is the unauthorized practice of law for a non-lawyer to represent a business as prosecutor of a criminal misdemeanor charge, other than a traffic offense, in magistrate's court. We hold that such action constitutes the unauthorized practice...

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