NCJ Number
54955
Editor(s)
V CASHMAN
Date Published
1977
Length
109 pages
Annotation
THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN SOUTH CAROLINA.
Abstract
A JUDICIAL ARTICLE APPROVED BY THE SOUTH CAROLINA STATE GENERAL ASSEMBLY IN 1973 STATES THAT JUDICIAL POWER MUST BE VESTED IN A UNIFIED COURT SYSTEM THAT INCLUDES A SUPREME COURT, A CIRCUIT COURT, AND OTHER COURTS OF UNIFORM JURISDICTION AS MAY BE PROVIDED FOR BY GENERAL LAW. THE COURT OF LAST RESORT IS THE SUPREME COURT. SEVEN TYPES OF COURTS EXIST AT THE TRIAL COURT LEVEL (CIRCUIT, PROBATE, COUNTY, QUASI-COUNTY, FAMILY, MAGISTRATE, AND MUNICIPAL COURTS). COUNTY AND QUASI-COUNTY COURTS GENERALLY EXERCISE CRIMINAL JURISDICTION IN ALL CASES EXCEPT MURDER, MANSLAUGHTER, RAPE, ARSON, BURGLARY, BRIBERY, AND PERJURY. MAGISTRATE COURTS HAVE CIVIL JURISDICTION OVER MATTERS OF CONTROVERSY INVOLVING LESS THAN $500 AND CRIMINAL JURISDICTION OVER OFFENSES INVOLVING A MAXIMUM PENALTY OF A $200 FINE OR 30-DAYS IMPRISONMENT. MUNICIPAL COURTS HAVE THE SAME CRIMINAL JURISDICTION AS MAGISTRATE COURTS AND ALSO DECIDE CASES INVOLVING ORDINANCE VIOLATIONS. THEY LACK ANY CIVIL JURISDICTON. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN INSTITUTED: THE QUALIFICATIONS, SELECTION, AND TERMS OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; CONTINUING EDUCATION; AND THE USE OF PARAJUDICIAL OFFICERS. THE CHIEF JUSTICE OF THE SUPREME COURT IS THE ADMINISTRATIVE HEAD OF THE UNIFIED COURT SYSTEM. A JUDICIAL COUNCIL, REPRESENTATIVE OF ALL COURTS IN THE STATE, HAS BEEN ESTABLISHED. NO UNIFORM STATEWIDE SYSTEM EXISTS FOR THE EXAMINATION AND APPOINTMENT OF EMPLOYEES. THE DETAILED PROFILE OF THE COURT SYSTEM IS CONCERNED WITH THE STRUCTURE OF THE UNIFIED APPROACH, COMPETENT AND INDEPENDENT JUDGES, POLICYMAKING AND ADMINISTRATION, COURT ADMINISTRATIVE SERVICES, COURT FINANCING AND BUDGETING, AND COURT RECORDS AND INFORMATION SYSTEMS. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE SOUTH CAROLINA COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)