Theo Mitchell

American lawyer and politician

Theo Mitchell

Member of the South Carolina Senate from the 7th district
In office 1985-1995
Succeeded by	Samuel Boan
Member of the South Carolina House of Representatives from the 23rd district
In office 1975-1985
Succeeded by	Sara Beatty Shelton

Personal details
Born	(1938-07-02) July 2, 1938 (age 85) Greenville, South Carolina, U.S.
Political party	Democratic
Education	Fisk University (BS) Howard University (JD)

Theo Walker Mitchell (born July 2, 1938) is an attorney from South Carolina who served in the South Carolina General Assembly from 1975 to 1995. He is, to date, the first and only Black South Carolinian to be nominated by a major political party to the office of Governor.^[1]

Early life

Theo Walker Mitchell was born to Clyde D. Mitchell and Dothenia E. Mitchell on July 2, 1938, in Greenville, South Carolina.^[2] He grew up in a broken household and his father moved to Newark, New Jersey, to escape the segregationist practices of the South.^{[citation needed]} Upon completion of high school, Mitchell majored in biology at Fisk University in Nashville, Tennessee, and he aspired to be a doctor. After obtaining his undergraduate degree, Mitchell worked on cancer research in Washington, D.C., but while there he enrolled in law school at Howard University.^[2] Mitchell returned to South Carolina in 1969 to attend his grandmother's funeral and found a changed atmosphere that provided economic opportunities for blacks.

Political career

Choosing to remain in South Carolina, Mitchell practiced law for the Legal Services Agency of Greenville, Inc. He ran for a seat in the South Carolina House of Representatives in 1972, but lost the race. However, two years later in 1974, Mitchell won the seat for District 23.^[2] In 1982, Mitchell was indicted on a charge of illegal possession of food stamps when a client of his allegedly gave him food stamps as payment for legal services. A mistrial was declared and the charges were dropped after the jury could not reach a verdict in the case. Mitchell won election to the South Carolina Senate for District 7 in 1984 and served as a chairman of the Senate Corrections and Penology Committee during his tenure.^[2]

1990 Campaign for Governor

Mitchell sought to emulate the recent successes of black politicians such as Jesse Jackson and Douglas Wilder by announcing his candidacy in January for the South Carolina gubernatorial election of 1990. He faced a Democratic primary challenge from State Senator Ernie Passailaigue, but Mitchell won easily thanks in large part due to the support of black voters. Mitchell went on to lose the general election to Governor Carroll A. Campbell, Jr. because of his inability to attract support from the white state Democratic Party establishment.^{[citation needed]}

In 1994 Mitchell was found guilty of seven counts of violating federal tax laws and sentenced to 90 days in jail. Because he was convicted, the South Carolina Senate voted in 1995 to expel Mitchell from the Senate by a vote of 38 to 7. It was the only time that a black member had been expelled from the state Senate. Additionally in response to his expulsion, the state Senate proposed a bill that if a member of the legislature resigns or is expelled, they must repay any compensation received. Upon the completion of his 90-day sentence, he lost the special election to fill his vacant seat.^[3]^[4]^[5]

Subsequent career

Mitchell established the law firm Theo W. Mitchell and Associates in Greenville to specialize in civil rights, human rights and criminal law. As an attorney, he undertook numerous projects for the poor and needy, the consumers, and senior citizens of the county.^[6] Mitchell also serves on the board of directors of the LaRouche Movement's Schiller Institute.[2]

Personal life

Mitchell married Greta Knight of Pueblo, Colorado, and they had three daughters.^[2] They are both Life Members of the NAACP and active members of Allen Temple A.M.E. Church in Greenville. Member of Omega Psi Phi fraternity.^[2]

References

^ Bainbridge, Judith (November 29, 2017). "Greenville Roots: Theo Mitchell made waves in SC politics". Greenville News. Retrieved March 19, 2024.
^ ^a ^b ^c ^d ^e ^f McKinney, Sandra K. (House Clerk), ed. (February 11, 1994). "Biographies of Members". 1994 South Carolina Legislative Manual. Columbia, South Carolina: South Carolina General Assembly. p. 34. Retrieved March 9, 2023.
^ OLR Research Report | 2007-R-0718 | October 30, 2007 | TO: Bipartisan Senate Committee of Review | From: Office of Legislative Research | DISCIPLINARY CASES IN OTHER STATE LEGISLATURES—BRIEFING REPORT ON EXPULSION, CENSURE, REPRIMAND, OR NO ACTION | SUMMARY | [1]
^ To examine the impact and effectiveness of the Voting Rights Act : Hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, October 18, 2005. DIANE. 2006. ISBN 9781422334232.
^ "DIGGING IN Mitchell to fight expulsion".
^ Top Attorneys of North America

"Mitchell makes history with win: Greenville Democrat to take on Campbell". The State. 13 June 1990. p. 1A, 8A.
"Mitchell loss not a surprise: Popular incumbent never looked back". The State. 7 November 1990. p. 4A.