Former Midlands prosecutor Dan Johnson disbarred by SC Supreme Court
Dan Johnson, the former 5th Circuit solicitor who served federal prison time for using tax dollars to cover personal expenses, has been disbarred from practicing law by the South Carolina Supreme Court.
In an opinion filed Wednesday, the state’s high court said Johnson agreed to the action and “admits that his conduct violated” rules of professional conduct that guide attorneys. Those rules included committing a criminal act that “reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer” and engaging in conduct “involving dishonesty, fraud, deceit, or misrepresentation.”
Johnson, who oversaw prosecuting crimes in Kershaw and Richland counties, did not immediately return a request for comment.
In 2018, Johnson was indicted by a federal grand jury on 26 counts of wire and mail fraud, conspiracy and theft of federal funds. A state grand jury also indicted Johnson on three counts of misconduct in office and embezzlement of public funds.
The charges followed a hefty public records release by a group funded by former solicitor and state Sen. Dick Harpootlian, D-Richland, who unveiled a trove of documents that became a guide for federal prosecutors.
The once-thought rising star used his office to steal some $44,000 from the solicitor’s office by using his office credit card to pay for his personal expenses, according to court testimony at Johnson’s 2019 plea hearing. That included using it to pay for “travel, vacations, romantic liaisons and double-reimbursements for military training,” U.S. District Court Judge Cameron McGowan Currie said at Johnson’s plea hearing.
Johnson was a graduate of the state’s military college, the Citadel, and of the University of South Carolina Law School. He had held jobs as a congressional intern and assistant prosecutor and had started youth programs.
Johnson earned about $140,000 a year as solicitor, overseeing an office of more than 140 employees.
“He has built up the community, but he has betrayed the community,” Currie said at Johnson’s hearing.
An audit released by Johnson in 2018 found the former prosecutor had spent $25,000 of taxpayer money on “military or personal” matters, and Johnson said he had paid back the entire amount. The audit also found Johnson’s office had no concrete policy on governing credit cards and many records for Johnson’s travels were missing.
Separately from his charges and spending, The State newspaper reported about former female lawyers in Johnson’s office, who alleged Johnson had repeatedly sexually harassed them.
Johnson pleaded guilty to one count of wire fraud in federal court, and the other federal charges were all dismissed.
He was sentenced to one year and one day in federal prison, followed up by three years of supervised release and a $19,270 fine to the Kershaw County Solicitor’s Office.
Johnson, who has pleaded not guilty to state criminal charges which are still pending, was released from prison in May 2020.
The decision said Johnson agreed to disbarment but asked that the sanction be retroactive. However, the court declined his retroactive request.
“We accept the Agreement and disbar Respondent from the practice of law in this state,” the court wrote in its ruling Wednesday.
The Post and Courier of Charleston first reported the opinion.
In the roughly two-page ruling, the state Supreme Court gave Johnson a pathway to get his law license back but did not guarantee that he’ll be a lawyer again. Prior to readmission, they wrote, Johnson will have to complete ethics training and show he has completed all the conditions for his federal sentence and any state sentence, including paying restitution.
Johnson had sought to keep his solicitor seat back in 2018 but was defeated by Democratic challenger Byron Gipson, now solicitor.
“People are hungry for something better, and we are going to provide that,” Gipson told The State in 2018 after his general election win. “(Voters) understand that you’ve got to be accountable for taxpayers’ money.”
Reporter John Monk contributed to this story.
This story was originally published July 7, 2021 at 12:06 PM with the headline "Former Midlands prosecutor Dan Johnson disbarred by SC Supreme Court."
