Effective January 1, 2008, the counties in the 14th Judicial Circuit will join those counties previously designated by the Court for mandatory ADR. The added counties are: Allendale, Beaufort, Colleton, Hampton and Jasper. Those previously designated for mandatory ADR are Anderson, Florence, Greenville, Horry, Lexington, Pickens (family court only) and Richland.
IT IS ORDERED that Form SCCA/BC 101, Motion and Order for Case Assignment in the Business Court Pilot Program, bearing a revision date of 11/2007, is approved for use in the Business Courts Pilot Program of the Circuit Courts of the State of South Carolina.
The Supreme Court of South Carolina will be conducting a computer-based testing (CBT) pilot program for the February 2008 Bar Examination.
IT IS ORDERED that the Competency to Stand Trial Order Form bearing the number SCCA Form 487 is approved for use in the Family Courts of the State of South Carolina.
The Court has amended Rules 413 and 502, SCACR, to delete several references to the subpanel process in disciplinary proceedings, based on the elimination of the subpanel process by Order dated April 4, 2007.
Supreme Court Issues Additional Statement.
SCJD Website Redesign
Beginning Friday, November 16th the SCJD Website will have a new look.
IT IS ORDERED that Forms SCCA/221(a), SCCA/221(b), SCCA/221(c), SCCA 222(a), and SCCA/222(b), each bearing a date of 11/2007, are approved for use in the Circuit Courts of South Carolina
Supreme Court issues statement.
Law School Pass Rates for the July 2007 Examination
The Supreme Court has authorized the release of information regarding law school pass rates for the July 2007 Examination.
After considering the results of the 2007 Bar Examination, the Supreme Court of South Carolina has determined that the Wills, Trusts and Estates section of the examination will not be considered.
The results of the July 2007 Bar Examination have been posted on the Bar Admissions Page.
The results of the July 2007 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 26, 2007.
Chief Justice Toal has approved SCCA BC 101, Order for Case Assignment to the Business Courts Pilot Program.
Attached is a copy of an Order of the Chief Justice dated September 19, 2007 and effective on that date, outlining bond hearing procedures statewide in magistrate and municipal courts. The Order replaces the previous Order of the Chief Justice dated November 28, 2000, concerning bond hearing procedures.
Oconee County Chief Magistrate Janice R. "Becky" Gerrard is featured on the cover of the Spring/Summer 2007 issue of Case In Point magazine.
The Court has amended Rule 416, SCACR, which governs the Resolution of Fee Disputes Board of the South Carolina Bar.
Supreme Court Amends Rule 403(c)(4), SCACR
By order dated September 6, 2007, the Court amended Rule 403(c)(4), SCACR, to clarify that an attorney must observe either a trial in equity or an administrative proceeding in order to obtain Rule 403 certification.
Business Court Pilot Program
The Supreme Court has established a two-year pilot Business Court in the Circuit Courts of South Carolina for civil matters properly filed and subject to jurisdiction and venue in Charleston, Greenville, and Richland Counties. In addition to their other duties as circuit court judges, the following judges are assigned to preside over the business court: The Honorable Roger W. Young - Charleston County; The Honorable Edward W. Miller- Greenville County; and The Honorable J. Michelle Childs - Richland County. This order is effective October 1, 2007.
On September 5, 2007, the Honorable Donald W. Beatty was sworn in as a Justice of the South Carolina Supreme Court.
Wachovia Bank v. Winnsboro Veneer Company
The Honorable Roger L. Couch is vested with exclusive jurisdiction to hear and dispose of the above cases.
IT IS ORDERED that magistrates and municipal judges shall grant continuances in those criminal and traffic cases where the arresting officer is unavailable for trial due to their service in the National Guard or Reserves.
Appeals in Workers’ Compensation Cases
Due to confusion, in light of the passage of 2007 Act No. 111, regarding whether appeals from decisions of the Workers’ Compensation Commission should be made to the Court of Common Pleas or the Court of Appeals, the Supreme Court has published the attached order addressing the issue.
On Thursday, August 23, 2007, Chief Justice Jean Hoefer Toal addressed the members of South Carolina's Judiciary at the 2007 Annual Judicial Conference.
Probate Court Pilot Mediation Program
Supreme Court establishes a Probate Court Pilot Mediation Program.
The Supreme Court has issued guidance regarding the redaction and/or sealing of documents filed with the Supreme Court or Court of Appeals which contain personal identifiers or other sensitive information.
The Court has amended Rule 1.15(a), RPC, Rule 407, SCACR, to incorporate a reference to Rule 417, SCACR, within the body of Rule 1.15(a).
Chief Justice Jean Toal congratulates the exemplary teamwork and leadership of Beaufort, Jasper, and Hampton Counties. This team competed with four other impressive applicants in statewide competition and emerged as the proud winner of the prestigious Barrett Lawrimore Memorial Regional Cooperation Award that was presented on August 4, 2007 at the South Carolina Association of Counties Annual Conference. These counties used the SCJD technology initiatives as an initial building block to enhance county services well beyond just the court system.
Chief Justice Jean Hoefer Toal became President, August 1, 2007, at the Conference of Chief Justices annual meeting at Mackinac Island, Michigan.
The Court has granted the Bar’s request to amend Rule 410(c)(2), SCACR, to increase the annual license fee for members.
This decision involves a challenge to the State’s funding of public primary and secondary education.
IT IS ORDERED that the Chief Judge for Administrative Purposes of the Fifth Judicial Circuit (Criminal) shall have statewide jurisdiction over matters brought pursuant to federal and state statutes regulating the interception of wire, electronic, or oral communications, sexual exploitation, or cyber crime when Judge Cooper is unavailable because of vacation, illness, or being out of state.
Statutory provisions for the distribution of revenue generated by the circuit courts, and family courts; fees and related charges of the registers of deeds
Fee Memorandum - County Treasurers
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.
Fee Memorandum - Magistrates and Municipal Judges
Statutory provisions for the distribution of revenue generated by the magistrates courts and municipal courts.
Attached is a copy of an Order of Chief Justice Jean H. Toal, dated June 15, 2007. The Order designates Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts.
Appointment of Disciplinary Counsel
The Supreme Court of South Carolina is pleased to announce that it has appointed Lesley M. Coggiola as Disciplinary Counsel for the Commissions on Lawyer and Judicial Conduct, effective July 1, 2007. The Court also wishes to express its appreciation to Henry B. Richardson, Jr., the current Disciplinary Counsel, for his many years of faithful and devoted service to the people of South Carolina, and it is delighted that Mr. Richardson has agreed, at the Court’s request, to continue to serve as the senior counsel in the Office of Disciplinary Counsel. A Press Release is available.
Judicial elections were held May 23, 2007.
Layman v. State Order
IT IS ORDERED that Nancy Ahrens’ case and the case of any other working retiree similarly situated are assigned to the Honorable James C. Williams, Jr. who shall have full authority to decide whether to certify a class or deal with the cases individually.
The South Carolina Rules of Civil Procedure have been amended.
The South Carolina Court-Annexed ADR Rules have been amended.
The South Carolina Appellate Court Rules have been amended by two orders.
Funeral services for retired Chief Justice Cameron Bruce Littlejohn will be held Tuesday, April 24, 2007, at 2:00 pm., at Morningside Baptist Church.
Fees for Copying and Other Related Services
Order establishes the fees to be charged by the Supreme Court of South Carolina and its agencies, commissions and boards and by the South Carolina Court of Appeals for providing copies of documents or other related services.
Lawyers Suspended for Failure to Pay License Fees
The 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.
The Court has amended Rules 411, 413, and 502, SCACR, to eliminate the subpanel process, to allow the imposition of a confidential admonition if a lawyer or judge fails to object, and to allow the Lawyers’ Fund for Client Protection to accept and disburse funds for the purpose of restitution.
Court Amends Rule 403, SCACR
By order dated March 26, 2007, the Supreme Court has amended Rule 403 of the South Carolina Appellate Court Rules regarding the trial experiences an attorney must complete before he or she may appear alone in a hearing, trial or deposition. Additionally, the Court has approved a new certificate for use with Rule 403.
Criminal Case Management System Consent Order
The sixteen Judicial Circuit Solicitors agree to develop with the Chief Justice and implement criminal case management systems in each county throughout the State of South Carolina.
Supreme Court Amends Rule 402, SCACR
The Supreme Court of South Carolina has amended Rule 402, SCACR, to delete the provisions allowing applicants to review and seek re-grading of their examinations. This change is effective June 1, 2007, and applies to all bar examinations conducted after that date.
Amendment to Rule 401, SCACR
The Court has amended Rule 401, SCACR, to allow students at the Charleston School of Law to participate in clinical legal education programs.
By Order dated January 31, 2007, the South Carolina Supreme Court created the Access to Justice Commission in recognition of the need to expand access to civil legal representation for people of low income and modest means in South Carolina.
Mandatory Criminal Domestic Violence Training
Each magistrate or municipal court judge shall attend at least one seminar approved by South Carolina Court Administration during the calendar year 2007
IT IS ORDERED that a pilot project is established in the magistrate courts of Richland and Lexington Counties and requires that the litigants in all civil cases in which a jury trial is requested must participate in Alternative Dispute Resolution (ADR) through mediation, as described in this Order.
Chief Justice Jean H. Toal delivered her State of the Judiciary address to the General Assembly today, February 21, 2007, at 12:00 p.m.
By order dated February 15, 2007, the fee required by Rule 7.2 of the Rules of Professional Conduct, Rule 407, SCACR, has been suspended until further order of the Court while the Court considers proposed amendments to the advertising rules proposed by the Commission on Lawyer Advertising. However, the filing requirement in Rule 7.2(b) is not suspended.
Chief Justice Jean H. Toal will deliver her State of the Judiciary address to the General Assembly on February 21, 2007 at 12:00 p.m.
Judicial elections were held February 7, 2007.
On January 26, 2007, Chief Justice Toal presented the State of the South Carolina Judiciary to the SC Bar at their annual meeting in Charleston, SC.
Order Regarding Interest Rates on Judgments
The Supreme Court has issued an order regarding the interest rate on money decrees and judgments for the period January 15, 2007 , through January 14, 2008.
IT IS ORDERED that the following procedures are approved for use in the Family Courts statewide for the purpose of hearing bench warrants, SCDSS cases limited to emergency protective custody pursuant to S.C. Code Ann. § 20-7-610, intervention hearings, status review hearings, and permanency planning hearings.