In South Carolina’s municipal courts today, defendants are prosecuted, convicted, and jailed without ever having a lawyer appointed to their case or even being advised of their right to counsel. Hundreds of these defendants who were deprived of counsel—including Tina Bairefoot, Dae’Quandrea Nelson, and Nathan Fox—have been and are incarcerated in local jails and state prisons every year. Cities and towns can decide whether they have municipal courts—they are optional—but if they decide to have them they must follow the Constitution, which includes the right to counsel.

In 2011 South Carolina passed SB 20, a law modeled after Arizona’s notorious SB 1070. The law required police to demand "papers" demonstrating citizenship or immigration status during traffic stops based on "reasonable suspicion" that a person lacks legal status. It also criminalized South Carolinians for everyday interactions with undocumented individuals, such as driving someone to church, or renting a room to a friend.

The American Civil Liberties Union filed a lawsuit in October 2010 challenging an unconstitutional policy at the Berkeley County Detention Center in Moncks Corner, S.C. barring most books, magazines and newspapers from being sent to prisoners.