STATE GRAND JURY
The State Grand Jury of South Carolina was created by the State
Grand Jury Act, 1987 Act. No. 150 Section 1 et seg., codified at South
Carolina Code Ann. §§ 14-7-1600, et seq., which became effective February
15, 1989. In the period since the creation of the State Grand Jury, it has been
necessary for the Supreme Court, pursuant to S.C. Code Ann. § 1·4-7-1800 and
Article V, Section 4, of the South Carolina Constitution, to set out through
administrative orders certain duties and responsibilities related to the
processing of State Grand Jury investigations and the maintenance of records
associated with State Grand Jury cases. This Order supersedes all preceding
orders issued by this Court or any circuit court governing State Grand Jury
The Presiding Judge of the State Grand Jury is the Chief Judge
for Administrative Purposes for General Sessions of the circuit in which the
grand jury is impaneled. S.C. Code Ann. § 14-7-1630(D). The Presiding
Judge shall direct and supervise the duties of the Clerk of the State Grand Jury according to state law, court rules, and administrative orders of the Court, and shall have jurisdiction throughout the state to issue orders, search warrants, and seizure warrants related to State Grand Jury investigations, approve consent orders for forfeiture, set venue for trials of defendants indicted by the State Grand Jury, set bonds for defendants indicted by the State Grand Jury, and hear all other matters arising from the proceedings of a State Grand Jury except for the prosecution of cases arising from indictments.
Following the return of an indictment in a State Grand Jury
investigation, the Chief-Justice will assign a circuit court judge to take
jurisdiction of and preside over all civil and criminal cases arising outt of that
investigation and set terrns of court for the trial of these cases in the county
where venue is set by the presiding judge of the State Grand Jury. As
deemed necessary by the judge appointed for trial of cases arising from a
particular State Grand Jury investigation, the Office of South Carolina Court
Administration shall present to the Chief .Iustice a proposed order scheduling
a special term of court in the appropriate county or counties to dispose of civil
and criminal matters arising from an authorized State Grand Jury
CLERK OF THE STATE GRAND JURY
The Clerk of the State Grand Jury is designated by the
Impaneling Judge of the State Grand Jury pursuant to S.C. Code Ann. § 14-7-
1660, subject to the approval of the Supreme Court. The Clerk of the State
Grand Jury shall serve under the direction of the Presiding Judge of the State Grand Jury and will be responsible for maintaining the original files in all State Grand Jury investigations. The Clerk of the State Grand Jury shall file and maintain all documents and exhibits comprising the official court file in every civil and criminal proceeding initiated as a result of an authorized State Grand Jury investigation and shall coordinate the scheduling of hearings and trials in such matters.
All filings, posting of bonds, payment of fines and fees, and other like matters associated with each State Grand Jury investigation will be with the Clerk of the State Grand Jury All documents, exhibits, and records filed with or generated by the Clerk of the State Grand Jury are official court records and must be maintained and protected according to state law, court rules, and orders issued by the South Carolina Supreme Court or the Chief Justice. The Clerk of the State Grand Jury is the custodian of all documents and records filed in that office and is responsible for their maintenance and protection. No employee of the Attorney General's Office, with the exception of the Clerk of the State Grand Jury and any deputy Clerk, shall have custody of or access to the files or records of the Clerk of the State Grand Jury except to the extent permitted by state law, court rules, or administrative orders of the court. The Clerk of the State Grand .lury and the Office of the Attorney General may utilize the services of a computer network to facilitate communication between their offices, provided that the network will not allow access to the computerized files of one office by the other.
The Clerk's office shall receive, deposit, and disburse al! revenue from filing fees, bonds, bond estreatments, bondsman's fees, and other sources in accordance with state law and shall be responsible for paying the expenses of state grand jurors as permitted or required by law. The accounts used by the Clerk for these purposes shall be completely independent of the supervision and control of the Attorney General's Office. The Attorney General's Office shall maintain the summary records of the state accounts used by the Clerk, but the use and detail documentation of such use is the sole responsibility of the Clerk. The Clerk shall insure that all rceordkeeping complies with the audit standards ofthe State.
SELECTION OF GRAND JURORS
South Carolina Code Ann, § 14-7-1660 provides that the juror
qualification form and "manner of qualifying potential state grand jurors [is]
to be determined by the Supreme Court." In accordance with this section, the
Clerk of the State Grand Jury shall use the Juror Qualification Form attached to this order as Exhibit A and shall follow the Procedures set forth in the attached Exhibit B.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/James E. Moore J.
s/John H. Waller, Jr. J.
s/E. C. Burnett, III J.
s/Costa M. Pleicones J.
Columbia, South Carolina
December 7, 2000