Alliance Seeks Reconsideration in Kirton Appraiser Case
New Civil Liberties Alliance asks the South Carolina Administrative Law Court to revisit its decision upholding sanctions against appraiser Joseph Kirton.
Updated on Nov. 2, 2026 in Criminal Justice
The New Civil Liberties Alliance has asked the South Carolina Administrative Law Court to reconsider its decision affirming disciplinary sanctions against appraiser Joseph Kirton. The Court affirmed the South Carolina Real Estate Appraisers Board's Final Order last month.
Why it matters
The request challenges how the Board conducted the proceeding, including its handling of records, discovery, and the investigator assigned to the case. The outcome could affect how appraisers facing state disciplinary action in South Carolina are treated.
Kirton was sanctioned under appraisal standards not adopted at the time of his 2021 appraisal, and the Final Order relied in part on a negligence theory absent from the formal complaint. The Court's reconsideration decision on the New Civil Liberties Alliance request has not been reported.
The players
New Civil Liberties Alliance
A nonprofit public-interest law firm that litigates constitutional and civil liberties cases, and which announced this request from Washington, DC.
South Carolina Administrative Law Court
The state court that hears appeals from administrative agency decisions and affirmed the Board's sanctions against Kirton.
South Carolina Real Estate Appraisers Board
The state licensing board that conducted the disciplinary hearing, issued the Final Order, and sanctioned Kirton.
The details
The Board prosecuted Kirton in an in-house proceeding without a jury, denied him access to complaint-file and delay-related records and discovery, and refused to continue the hearing. A substitute investigator who had not taken part in the original investigation presented findings that were not disclosed to Kirton until the hearing.
Timeline
2021: Kirton performed the appraisal underlying the charges.
November 2025: The Board held the disciplinary hearing.
October 2026: The Administrative Law Court affirmed the Board's Final Order.
November 2, 2026: The New Civil Liberties Alliance requested reconsideration.
Criminal Justice Context
The case centers on whether a state licensing board's in-house disciplinary process, which lacked a jury and withheld records and discovery, satisfied due process requirements. It raises questions about whether sanctions can rest on standards adopted after the conduct occurred.
Licensed appraisers in South Carolina may face disciplinary proceedings that proceed without a jury and with limited access to records and discovery. Anyone pursuing a professional license under the state's appraisal rules should review the procedural protections available if a complaint is brought.
The takeaway
Procedural fairness in licensing discipline depends on access to evidence and an impartial process. Licensees facing a complaint should request complaint files and related records early.
Further reading
For related coverage of how state courts handle disputes like this, see Criminal Justice reporting.
Source note: This article includes information reported by The Manila times.
