Episode 5 – Byron Gipson

In Episode 5 of the Direct Examination podcast, hosts Amber Fulmer, Dayne Phillips, and Joseph Bias welcome Byron Gipson, a shareholder at Johnson, Toal & Batiste and the Democratic nominee for Solicitor of South Carolina’s Fifth Judicial Circuit (Richland and Kershaw counties). Before diving into the interview, the hosts honor the memory of Sarah Leverette, a trailblazing member of the SC Bar who graduated as the sole female student in USC Law’s class of 1942 and taught legal writing for 25 years.

Gipson shares insights from his 21-year legal career, detailing his journey from clerking for Judge Manning to handling high-profile criminal defense and personal injury cases. He discusses why he stepped up to run for chief prosecutor, outlining his platform focused on policy reform, restoring public trust, implementing fair discovery practices (such as mandatory Bates-stamping), and tackling the criminal court backlog. Additionally, Gipson reflects on courtroom civility, memorable defense acquittals, and his personal passion for oceanography and scuba diving.

Key Topics Covered

  • In Memoriam – Sarah Leverette: Honoring one of South Carolina’s first female attorneys, USC Law faculty member, and founding member of the League of Women Voters.

  • Running for Fifth Circuit Solicitor: Gipson’s motivations for transitioning from a 21-year criminal defense practice to leading the prosecutor’s office in Richland and Kershaw counties.

  • Fair Discovery & Policy Reforms: The vital importance of Bates-stamping discovery, open communication, and treating defendants fairly under the rule of law.

  • Tackling Docket Backlogs: Examining circuit court docket control, hybrid judicial management models tested in Charleston under Solicitor Scarlett Wilson, and moving cases efficiently through trial, plea, diversion, or dismissal.

  • Clerking for Judge Manning: Lessons in patience, judicial temperament, civility, and respect for everyone in the courthouse.

  • Memorable Defense Verdict: Revisiting an emotional self-defense murder acquittal in Allendale County involving a high school salutatorian.

  • Cross-Examination & Personal Insights: Advice for young lawyers on self-reflection, the story behind Gipson’s casino-dice cufflinks, and his love for scuba diving.

Transcript

Amber Fulmer: Welcome, y’all, to the Direct Examination podcast. My name is Amber Fulmer.

Dayne Phillips: And I’m Dayne Phillips.

Joseph Bias: And I’m Joseph Bias.

Amber Fulmer: Thanks again for joining us this evening. You can follow us at @SCLawPod on Twitter and Facebook, follow me at @actredjudicata, Joseph at @JosephPBias, and Dayne at @SCCrimLawyer. Please feel free to send us your questions or topics.

Before we get started, we wanted to mention the passing of a pioneer for women in the law in South Carolina, Ms. Sarah Leverette. She graduated as the only woman in the University of South Carolina School of Law’s class of 1942. She was one of the first women admitted to the South Carolina Bar, the first woman to gain faculty status at USC Law, taught legal writing for 25 years, and was a founding member of the League of Women Voters. We send our thoughts and prayers to her family. Now I’ll turn it over to Dayne.

Dayne Phillips: Thank you, Amber. Our guest today recently won the Democratic primary for Richland and Kershaw counties for solicitor with 73% of the vote. He is currently a shareholder at Johnson, Toal & Batiste, practicing criminal defense and personal injury. We are excited to have Byron Gipson join us on the podcast today.

Byron Gipson: Thank you for having me. I’m excited to be here.

Dayne Phillips: You’ve been in private practice for a good bit now. What compelled you to run for solicitor of Richland and Kershaw counties?

Byron Gipson: I’ve been practicing for about 21 years. I clerked for Judge Manning my first year out of law school, then joined Johnson, Toal & Batiste in August 1997. In criminal defense work, you help people one family at a time, but you continue to run across similar issues and ways of doing things that don’t work—you can’t just arrest, arrest, arrest. As solicitor, there’s an opportunity to change policy: how you interact with the community, how you hold people accountable, and how you restore confidence in the office. Anyone accused of a crime deserves their day in court and a fair opportunity across the board.

Dayne Phillips: Having been a defense attorney, you see how extended periods in jail without bond or waiting for trials impact families. Have you set an agenda of policies you’d like to implement?

Byron Gipson: I have. When a loved one is arrested or sitting in jail because they can afford bond but not electronic monitoring, or losing job opportunities waiting at roll call, those real-life issues matter. We have to move dockets more expeditiously, evaluate cases fairly regardless of zip code or who you know, and abide by due process.

Dayne Phillips: You clerked for Judge Manning—any stories from that experience?

Byron Gipson: He had awesome patience because he never fired me! He has been a wonderful mentor. Seeing his work ethic, his care for civility, and how he treats lawyers, clients, juries, and courthouse staff with respect left a lasting lesson.

Dayne Phillips: One of my personal biases is that the Richland County Solicitor’s office doesn’t Bates-stamp discovery. Will you change that?

Byron Gipson: You’ve read my notes! When you have 300 or 3,000 pages of medical and police records, you have to Bates-stamp it so everyone plays on a level playing field. It’s not about hiding information in stacks of paper. Give all information fairly. A person is innocent until proven guilty, and we must abide by due process. As Solicitor Scarlett Wilson in Charleston says, there are four ways to move a case: trial, diversion, dismissal, or plea. You invest effort on the front end to reduce backlogs fairly.

Dayne Phillips: How do you plan to attack the docket backlog?

Byron Gipson: Violent crimes with complex ballistics or serology will take time and require dedicated trial dates. But minor or single-witness cases (like simple drug cases or failure to stop) should move more quickly. I’ve spoken with Solicitor Scarlett Wilson about the hybrid docket test run ordered by the Chief Justice in Charleston to hold parties accountable.

After November 6th, I intend to have an active caseload myself. You have to lead by example; I won’t ask fellow solicitors to do something I’m afraid to do.

Amber Fulmer: How is Richland stacking up to counties like Greenville or Charleston on case turnover?

Byron Gipson: Richland has a backlog that has unfortunately been growing larger by the month. Our challenge will be getting in there, prosecuting cases actively, and moving that backlog efficiently.

Dayne Phillips: Time for cross-examination! What advice would you give a new or young lawyer?

Byron Gipson: Work hard and don’t be a clock watcher. Take quiet time every week to reflect on your cases—win, lose, or draw. Assess where you opened a door or made mistakes, forgive yourself, learn from it, and don’t be afraid to ask questions.

Amber Fulmer: Where did you get those amazing casino-dice cufflinks?

Byron Gipson: At a Kenneth Cole outlet in Charleston years ago! I love affordable, unique cufflinks.

Amber Fulmer: On a more serious note, what is the most memorable case you’ve worked on?

Byron Gipson: A murder case out of Allendale County. My client was a high school salutatorian and gifted athlete who had been repeatedly harassed, beaten up, and even shot in the leg by a group. One evening while taking out trash at work, he was cornered by an attacker with a gun. They struggled over the gun, my client gained control, shot twice in self-defense, and the attacker died. He was charged with murder. After fighting for two years, the jury found him not guilty based on self-defense. Seeing him get his life back meant the world.

Joseph Bias: If you weren’t a lawyer, what would you be doing?

Byron Gipson: Oceanography or scuba diving! I got certified years ago. Being underwater, seeing yellowfin tuna and schools of fish in crystal clear water calms me. It reminds you that there’s something much bigger out there than ourselves.

Joseph Bias: Thanks for joining us, Byron. Follow us @SCLawPod on Twitter and Facebook, Joseph @JosephPBias, Dayne @SCCrimLawyer, Amber @actredjudicata, and Byron Gipson at ElectGipson.com. Our thoughts are with everyone on the coast facing the weather. We’ll talk to y’all next week!