The Supreme Court of South Carolina

ORDER

This order supersedes the July 25, 2000, order issued by the Chief Justice concerning courtroom security.

I FIND that the Circuit Courts, Family Courts, and Probate Courts of South Carolina have the need and authority to protect judges, parties and witnesses from physical harm and injury; and,

I FURTHER FIND that the methods of providing security for the Circuit Courts, Family Courts and the Probate Courts are often unsatisfactory, and are not uniform throughout the State.

NOW, THEREFORE, pursuant to Art. V, § 4, of the South Carolina Constitution,

IT IS ORDERED that county governing authorities shall provide courtroom security for each term of Circuit Court, if requested by the Circuit Court judge. This request may require the presence of a law enforcement officer in the courtroom, or that a law enforcement officer be immediately available to provide assistance in the courtroom upon request by the presiding judge. The Chief Circuit Court Judge for Administrative Purposes is empowered to issue administrative orders as necessary to ensure adequate security.

IT IS ORDERED that county governing authorities shall provide courtroom security during each term of Family Court. A law enforcement officer shall be present in each Family Court courtroom while the court is in session, unless excused by the presiding Family Court Judge or the Chief Family Court Judge for Administrative Purposes, in which event, upon request by the presiding judge, an officer shall be immediately available to provide assistance in the courtroom. The Chief Family Court Judge for Administrative Purposes is empowered to issue administrative orders as necessary to ensure adequate security.

IT IS ORDERED that county governing authorities shall provide courtroom security during estate and commitment hearings in Probate Court, if requested by the probate court judge. Courtroom security may require the presence of a law enforcement officer in the courtroom, or that a law enforcement officer be immediately available to provide assistance in the courtroom as determined by the probate judge and the county sheriff in consultation with the county administrator.

IT IS ORDERED that to ensure courtroom safety, county governing authorities shall provide adequate equipment and/or personnel to provide reasonable physical screening of all individuals entering a courtroom. To ensure safety, law enforcement officers assigned to secure the courtroom should be properly trained to provide courtroom security. Further, there should be areas available for securing individuals awaiting transport to detention facilities.

IT IS FURTHER ORDERED that law enforcement officers shall not be permitted to carry concealed or unconcealed weapons when appearing in court as a party or witness when testifying in a non-official capacity. Concealed or unconcealed weapons are prohibited in the courtroom except when carried by law enforcement officers carrying out the duties of their office or as allowed by S.C. Code Ann. § 23-31-240. Further, law enforcement uniforms shall not be permitted to be worn in court when testifying as a party or witness in a non-official capacity, except in extenuating circumstances as determined by the presiding judge.

July 10, 2001
Columbia, South Carolina
EFFECTIVE DATE: September 1, 2001