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State v. Chisolm
Citations: 439 S.E.2d 850; 312 S.C. 235; 1994 S.C. LEXIS 8Docket: 23980
Court: Supreme Court of South Carolina; January 10, 1994; South Carolina; State Supreme Court
The Supreme Court of South Carolina affirmed the trial court's denial of Carl Joseph Chisolm's pretrial motion to disqualify the Ninth Circuit Solicitor's Office from prosecuting his murder case. Chisolm, arrested and held without bond, had a recorded phone conversation with the assistant solicitor after being informed of his right to counsel. Although he understood the prosecutor's role, he chose to speak with the assistant solicitor, who recorded the conversation without Chisolm's knowledge. Three days later, the assistant solicitor informed Chisolm's counsel about the recording, which led to a discussion on the implications of this communication. Chisolm signed a letter consenting to the solicitor's continued involvement in his case. No objections were made until a week before trial, when he sought to have the solicitor recused. The trial judge determined that the solicitor's actions did not constitute prosecutorial misconduct warranting disqualification. Chisolm argued that the solicitor violated professional conduct rules by contacting a represented party and by secretly recording the conversation. He contended that these actions led to an unfair trial, particularly as plea negotiations were not offered while he maintained his innocence. The Court noted that while the assistant solicitor's actions were inappropriate, there was no evidence of actual prejudice against Chisolm that would necessitate disqualification. The Court concluded that the prosecutor is not obligated to engage in plea negotiations if he chooses to proceed to trial, particularly given the strong evidence against Chisolm. The conviction for murder was ultimately upheld.