The Supreme Court of South Carolina
Re: Amendments to Resolution of Fee Disputes Board Rules, Rule 416, South Carolina Appellate Court Rules
Appellate Case No. 2022-000439
The South Carolina Bar has proposed amending two rules within the Resolution of Fee Disputes Board Rules, which are found in Rule 416 of the South Carolina Appellate Court Rules (SCACR). The proposed amendments add a provision stating that members of the Board are immune from suit and delete a provision allowing for the appointment of a Board member as counsel for a party in a fee dispute.
Pursuant to Article V, Section 4 of the South Carolina Constitution, we adopt the Bar's proposed amendments to Rule 4 and Rule 14 of the Resolution of Fee Disputes Board Rules, with minor changes to the Bar's proposed change to Rule 4.
Rule 4 of Rule 416, SCACR is amended to add the following sentence to the end of the rule: "Members of the Board shall be absolutely immune from liability and suit while acting within the scope of their duties under this Rule." Rule 14 of Rule 416, SCACR, is amended to delete the final two sentences of Rule 14, which permit the appointment of a member of the Board as counsel for a party in a fee dispute. These amendments are effective immediately.
s/Donald W. Beatty C.J.
s/John W. Kittredge J.
s/Kaye G. Hearn J.
s/John Cannon Few J.
s/George C. James, Jr. J.
Columbia, South Carolina
November 2, 2022