Becky Hill, the former Colleton County Clerk of Court whose actions led to the reversal of Alex Murdaugh’s murder conviction, filed a motion Thursday asking a federal judge to dismiss the disgraced attorney’s lawsuit against her. Murdaugh seeks $600,000 in damages, claiming Hill’s misconduct during his 2023 double-murder trial forced him to withdraw retirement funds for his defense. Hill’s legal team argues she is protected by multiple forms of immunity and that Murdaugh has no valid legal claim to recover attorney fees he would have paid regardless of her alleged interference with the jury.
The motion marks the latest chapter in an ongoing legal battle that began after South Carolina’s highest court overturned Murdaugh’s convictions for killing his wife Maggie and son Paul. The state Supreme Court found Hill engaged in a pattern of improper contact with jurors that violated Murdaugh’s constitutional right to a fair trial, ordering a new proceeding.
Defense claims three types of legal protection shield former clerk
Hill’s attorneys argue she is entitled to dismissal on multiple legal grounds. The filing asserts Eleventh Amendment immunity, quasi-judicial immunity, and qualified immunity all apply to her conduct as an elected court official performing duties during the trial. Her lawyers contend these protections bar Murdaugh from pursuing damages even if his allegations prove true. The motion describes Murdaugh’s lawsuit as advancing a novel legal theory never recognized by courts in the Fourth Circuit, which covers South Carolina and neighboring states.
According to the defense filing, Murdaugh has already received the appropriate remedy when the South Carolina Supreme Court threw out his convictions and granted him a new trial. Hill’s team argues that a retrial, not financial compensation, represents the proper legal response to an unfair trial. They maintain Murdaugh got exactly what he requested through his appeal and should not receive monetary damages on top of that relief.
Arguments challenge connection between clerk’s conduct and legal expenses
The motion attacks the fundamental basis of Murdaugh’s damage claim, arguing his legal costs cannot be traced to Hill’s actions. Her attorneys point out that prosecutors and a grand jury, not the court clerk, brought murder charges against Murdaugh and required him to stand trial. The filing contends he would have incurred the same $600,000 in attorney fees whether Hill spoke to jurors or not, making her alleged misconduct irrelevant to his decision to hire defense counsel and mount a vigorous defense.
- Hill claims Eleventh Amendment immunity as a state official
- Defense argues quasi-judicial immunity protects her trial-related actions
- Motion asserts qualified immunity applies to her conduct as clerk
- Attorneys contend Murdaugh lacks standing because damages are not traceable to Hill
- Filing cites former Chief Justice’s initial ruling as evidence of legal uncertainty
Hill’s lawyers also reference the earlier decision by former South Carolina Chief Justice Jean Toal, who initially rejected Murdaugh’s request for a new trial. They argue this demonstrates that reasonable legal minds disagreed about whether Hill’s actions constituted a constitutional violation, supporting their claim that she deserves qualified immunity from suit.
Criminal case against Hill concluded with probation sentence
The motion comes months after Hill pleaded guilty to obstruction, perjury and misconduct charges related to her handling of the nationally watched murder trial. She received a sentence of probation and subsequently resigned from her position as Colleton County clerk of court. The South Carolina Supreme Court ultimately ruled she engaged in what justices called a breathtaking and disgraceful effort to influence the jury panel hearing Murdaugh’s case.
Despite the overturned murder convictions, Murdaugh remains incarcerated on separate state and federal financial crimes convictions. His defense team continues preparing for a potential retrial on the murder charges, with veteran attorney Dick Harpootlian stating they have developed a strategy for addressing the controversial kennel video that prosecutors used to place Murdaugh near the scene of the killings.
Defense team signals readiness for potential second trial
Harpootlian told media outlets the defense has a plan for dealing with key evidence and predicted a second trial would be significantly shorter than the first. He emphasized that the burden remains on prosecutors to prove guilt beyond a reasonable doubt, stating the defense does not need to prove Murdaugh innocent. The attorney declined to confirm whether Murdaugh would testify again if the case goes to retrial, calling that decision something to be made closer to trial.
A federal judge will now review Hill’s motion and determine whether Murdaugh’s lawsuit can proceed or if the former clerk’s immunity arguments warrant dismissal. Hill’s legal team declined to comment beyond stating they stand by the arguments presented in their court filing. Murdaugh’s attorneys did not immediately respond to requests for comment on the motion to dismiss.
