McMaster orders stronger reviews for inmate early release plans
COLUMBIA, S.C. (WRDW/WAGT) - A new order from Gov. Henry McMaster is intended to ensure inmates aren’t illegally released early from South Carolina prisons.
But some are questioning whether the governor has the authority to issue it or may be overstepping his power.
McMaster is now directing South Carolina solicitors to give the attorney general 10 days’ notice before they file any early release motions for inmates.
He says that’s intended to give the attorney general’s office time to review the motions – and determine if those early releases are legal – before inmates are set free.
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In the letter he sent to solicitors Thursday, McMaster writes, “Unfortunately, recent events have revealed that it is not sufficient simply to arrest, convict, and incarcerate criminals, but we must also ensure that they stay in prison.”
The new order stems from an incident earlier this year surrounding convicted murderer Jeroid Price.
A secret early release order – signed by a since-retired judge and agreed to by the Richland County solicitor – set Price free from prison 16 years early this past March.
Days later, the state Supreme Court ruled his release was not legal, sparking a nearly three-month search for Price, who was eventually found in New York and returned to custody.
The governor cites the state constitution and state Supreme Court rulings as his authority for issuing this order.
David Pascoe, solicitor for Calhoun, Dorchester and Orangeburg counties, disagrees that the governor can instruct the attorney general and solicitors on how to handle criminal matters.
“I don’t want to get into a dispute with the governor because we are on the same side on this issue. He is 100% right, and I appreciate his leadership in calling out the Jeroid Price case,” Pascoe said.
Pascoe believes reforming the way South Carolina selects its judges is the final resolution.
“We’ve got to get judicial reform in this state, and I’m glad that the governor and the attorney general are with the solicitors in doing that,” Pascoe said.
Price’s attorney, South Carolina House Democratic Leader Todd Rutherford, firmly believes the governor is overstepping his authority.
“It’s like a game of thrones, but none of it, to me, is valid, and none of it should be valid to these solicitors, who are elected by the people in their counties, in their circuits, to do the job of prosecuting cases,” Rutherford said.
Rutherford also sits on the 10-person that screens judicial candidates – and disagrees with Pascoe’s belief about judicial reform.
But he says he’s concerned this order could open the door for the governor to try to direct solicitors on how and when to prosecute cases.
“Now the governor’s going to tell the attorney general and the solicitors what to do? It’s disturbing, and I think other people should be outraged by it as well,” he said. “What we don’t have is a king, and I think that the governor’s trying to assert himself as king here.”
The governor’s office declined to respond to Rutherford’s comments.
Pascoe said he doesn’t share those concerns – and has been reassured by the governor’s staff that wouldn’t happen.
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