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South Carolina
Judicial Branch
Court News ...

On May 7, 2012, this Court issued an order revising, among other things, Rule 410 of the South Carolina Appellate Court Rules (SCACR).

The Supreme Court of South Carolina has denied the petitions for rehearing regarding State v. Langford, Op. No. 27195 (S.C. Sup. Ct. filed November 21, 2012). 

For the week of December 24, 2012, opinions will be filed and released at 10:00 a.m. on Friday, December 28, 2012.

Court amends Rule 402, SCACR

The Supreme Court of South Carolina has issued its opinion in State v. Langford, Op. No. 27195 (S.C. Sup. Ct. filed November 21, 2012) affecting the management of the General Sessions Docket.

In conjunction with State v. Langford, the Supreme Court of South Carolina has today issued an additional order requiring each Circuit Solicitor to reconcile all pending General Sessions cases attributable to each county in their circuit with the records maintained by the County Clerks of Court.

The Board of Law Examiners will allow a limited number of applicants to use laptops to complete their answers to the essay sections of the February 2013 Bar Examination. 

Extension Granted in Richland County Election Case.

The Supreme Court issues an order denying as moot the petition for extraordinary writs regarding the Richland County Election Case.

A petition has been filed seeking a Writ of Prohibition and Injunction with regard to South Carolina Democratic Party v. Richland County Election Commission, Civil Action 2012-CP-40-07551.

Based on the order of the Supreme Court of South Carolina, attorneys (including those holding limited certificates) and foreign legal consults licensed in South Carolina must update and verify the information listed for them in the Attorney Information System (AIS) by December 10, 2012.

The Chief Justice has amended her September 13, 2012, Order concerning implementation of a contract system to handle indigent cases. Attorneys who have been disciplined based on misrepresentation or misconduct related to the submission of expense or reimbursement claims in any indigent case are ineligible to serve as contract awardees and receive contract appointments.

The results of the July 2012 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 26, 2012.

The South Carolina Commission on Women has selected South Carolina Supreme Court Justice Kaye Hearn of Conway as the 2012 recipient of the Woman of Achievement Award.

SCCID working in conjunction with the South Carolina Bar has established a framework for the implementation of a contract system to handle a significant number of indigent cases that were previously assigned to various attorneys in accordance with Rule 608, SCACR.

IT IS ORDERED that Horry County Magistrate M.B. Livingston is appointed Chief Judge for Administrative Purposes of the Summary Courts for Horry County. 

IT IS ORDERED that SCCA 466 – Proposed Parenting Plan is revised and approved for use in the Family Courts of South Carolina.

IT IS ORDERED that the Self-Represented Litigant Child Support Modification Packets are approved for use in the Family Courts of South Carolina. 

On Thursday, August 23, 2012, Chief Justice Jean Hoefer Toal addressed members of South Carolina's Judiciary at the Annual Judicial Conference.

IT IS ORDERED that SCCA 466 – Proposed Parenting Plan is approved for use in the Family Courts of South Carolina.

Rules 1.5, 1.15, and 1.16, RPC, Rule 407, SCACR, are hereby amended as set forth in the attachment to this order. The rule amendments address the charging of advance fees by lawyers.

IT IS ORDERED that Rule 24, South Carolina Rules of Family Court, is temporarily suspended until further notice as it relates to the review and enforcement of Title IV-D child support payments paid through the clerk of court.

It is with great regret that we report the death of Retired Chief Justice A. Lee Chandler.

Attached is a copy of an Order of Chief Justice Jean H. Toal, dated June 29, 2012, the original of which is filed in our Office. The Order designates Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts. The Order becomes effective July 1, 2012.

Statutory provisions for the distribution of revenue generated by the circuit courts, family courts, magistrates courts and municipal courts; fees and related charges of the registers of deeds

Statutory provisions for the distribution of revenue generated by the magistrate courts and municipal courts.

Statutory provisions for the distribution of revenue generated by the circuit courts, and family courts; fees and related charges of the registers of deeds.

Supreme Court denies Petition for Original Jurisdiction in Charleston County election case.

The Supreme Court has issued an order administratively suspending lawyers under Rule 419, SCACR, for failing to comply with Continuing Legal Education Requirements.

Judicial Election
(05/23/2012)

Congratulations to the new judges who were elected by the General Assembly on May 23rd.

The Board of Law Examiners will allow a limited number of applicants to use laptops to complete their answers to the essay sections of the July 2012 Bar Examination.

On April 30th, the South Carolina Judicial Department brought up a new webserver. This move allowed SCJD to implement a new touch menu that works well on the iPad. The website is now set up to display a “touch” menu for visitors who are using an iPad and a “click” menu for those using a computer. 

IT IS ORDERED that Form SCADR/108C, Consent to Selection of Uncertified Mediator, Form SCADR/108F, Consent to Selection of Uncertified Mediator, and Form SCADR/108PC, Proof of Mediation, are hereby approved for use in the courts of this State.

Effective January 1, 2013, Rules 405, 409, 410, 414, 415, 419 and 424 of the South Carolina Appellate Court Rules will be amended.

The Supreme Court has amended Rule 415 of the South Carolina Appellate Court Rules to eliminate the limitation that a retired or inactive attorney is not eligible for an limited certificate under that rule if the person has been in a retired or inactive status for more than seven years.

The Commission on Continuing Legal Education and Specialization has furnished the attached list of lawyers who have been administratively suspended from the practice of law pursuant to Rule 419(b)(2), SCACR.

Supreme Court Issues Opinion in Election Case

Rule Amendments
(04/30/2012)

Amendments to South Carolina Court-Annexed Alternative Dispute Resolution Rules, the South Carolina Rules of Family Court, and the South Carolina Rules of Probate Court are effective.

The results of the February 2012 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 27, 2012. 

The Civil Action Coversheet, SCCA/234, bearing a revision date of 04/2012 is approved for use in the Circuit Courts of the State of South Carolina. Form SCCA/234 (04/2012) supersedes and replaces the coversheet bearing a revision date of 01/2011.

The results of the February 2012 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 27, 2012. 

IT IS ORDERED that the Motion and Order for Case Assignment to the Business Court Pilot Program form (BC Form 101), bearing a revision date of 04/2012, is approved for use in the Circuit Courts of South Carolina and replaces the Motion and Order for Case Assignment to the Business Court Pilot Program form (BC Form 101), bearing a revision date of 12/2009.

The Supreme Court has agreed to consider the case of Anderson v. South Carolina State Election Commission in its original jurisdiction. As indicated by the attached petition (minus attachments), this case alleges that certain candidates are ineligible due to their failure to file a statement of economic interests with the State Ethics Commission.

he Supreme Court has issued an order administratively suspending lawyers under Rule 419, SCACR, for failing to pay license fees and assessments to the South Carolina Bar.

Rule 425 has been added to the South Carolina Appellate Court Rules to establish a Mandatory Lawyer Mentoring Program.

Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 1.15, RPC, Rule 407, South Carolina Appellate Court Rules, is amended as set forth in the attachment to this order. The amendments are effective immediately.

Chief Justice Jean H. Toal delivered her State of the Judiciary address to the General Assembly today, February 8, 2012, at 12:00 noon. Her speech was broadcast live on the Internet and has been archived for later viewing. 

Judicial Election
(02/03/2012)

Congratulations to the following new judge who was elected by the General Assembly on February 1st.

Chief Justice Jean H. Toal will deliver her State of the Judiciary address to the General Assembly on February 8, 2012 at 12:00 noon.

On January 26, 2012, Chief Justice Jean Hoefer Toal delivered a presentation to the South Carolina House Ways and Means Sub-Committee

Published and unpublished opinions of the Supreme Court of South Carolina and the South Carolina Court of Appeals will now be filed and released to the parties, counsel and the public on the Judicial Department Website on Wednesdays. If no opinions are to be filed and released on that day, the Website will indicate that fact. In the event a Wednesday falls on a state holiday, the Clerk of the Supreme Court will establish an alternate day for the filing and release of opinions during that week. An opinion in an individual case may be filed and released at such other times as the issuing court may direct.

IT IS ORDERED that circuit solicitors within their respective jurisdictions statewide shall approve, in addition to DSS approval, appropriate batterer treatment programs which are most suitable for magistrates and municipal court judges to order a defendant to attend as a condition of a suspended sentence for a conviction of criminal domestic violence, first offense. Circuit solicitors, in cooperation with DSS, shall provide a list of these programs to the chief magistrates of the counties within their respective circuits as often as is necessary by the solicitors, chief magistrates, and DSS. Upon receipt, chief magistrates shall distribute the list to all magistrates and municipal judges within their respective counties.

The Supreme Court issues order regarding legal rate of interest on money decrees and judgments.