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Article published Feb 7, 2006
South Carolina lawmakers should side with circuit solicitors and let these prosecutors decide how to spend $2.2 million in state money for prosecuting domestic violence cases.
This year has already seen many contests between state authority and local control. From school start dates to property tax relief to solid waste management planning, state officials are working to take decisions out of the hands of locally elected officials and centralize authority in Columbia.
The latest such battle concerns $2.2 million in state money set aside to improve the prosecution of domestic violence cases.
The state's circuit solicitors want to divide the money evenly to each of the state's 16 judicial circuits. Each solicitor would then spend the money as needed in his circuit to prosecute domestic violence.
Attorney General Henry McMaster says that plan is unacceptable. He wants the money divided by counties, so that each county can hire a domestic violence prosecutor at the magistrate court level. McMaster says that's where the assistance is needed, because there is often no solicitor available at that level.
He makes a good point. Victims need assistance in magistrate courts to contend with defendants who often do have legal representation. But his point isn't enough to overcome the logic of the solicitors.
There are varying conditions and needs among the judicial circuits of the state. While prosecutors in magistrate courts may be the highest need in one area, another area may need someone dedicated to domestic violence prosecution at the circuit court level.
Solicitors are best acquainted with the needs of their areas and are best suited to make the decision about where the money should be spent.
McMaster says if a House Ways and Means subcommittee sides with the solicitors, he will ask that the money be given to his office instead.
That would be a mistake. Lawmakers should stop undercutting local officials and allow those elected by cities, counties and judicial circuits to make the decisions they were elected to make.
One solution mandated by Columbia is unlikely to be as effective as a local solution designed to meet specific local needs.
Lawmakers need to acknowledge that in this issue and in so many others.