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South Carolina
Judicial Branch
Court News ...

The judges of the magisterial and municipal courts, hereinafter referred to as "summary courts", of South Carolina being a part of the uniform statewide judicial system and pursuant to the provisions of Section 4, Article V, South Carolina Constitution 

IS ORDERED that Effective 12:01 a.m., January 1, 2011, upon the retirement of the Honorable Patrick R. Watts, the Honorable Diane Schafer Goodstein is hereby appointed to fulfill the duties of the Dorchester County Master-in-Equity in addition to her duties as resident Circuit Judge for the First Judicial Circuit.

By order dated December 17, 2010, the Supreme Court has amended Rule 7.3(d)(3) of the Rules of Professional Conduct, Rule 407, SCACR, to update the contact information for the Commission on Lawyer Conduct. The Court also amended the Terminology section of the Code of Judicial Conduct, Rule 501, SCACR, to include a definition of serious crime. Finally, the Court amended Canon 3(D) of the Code of Judicial Conduct to include a provision requiring an arrest or charge for a serious crime be reported to the Commission on Judicial Conduct.

The attached “Frequently Asked Questions in South Carolina Magistrates Court” proposed by the South Carolina Supreme Court’s Access to Justice Commission is approved and shall be posted on the South Carolina Judicial Department’s website.

By order dated December 3, 2010, the Supreme Court has amended Rules 402, 405, 414(h), 415, and 424, SCACR. Additionally, it has approved a form for use by law schools under Rule 402(n)(2), SCACR.

The Chief Justice's Commission on the Profession has recommended extending the Program to April 1, 2012.

By order dated February 1, 2006, this Court adopted Court-Annexed Alternative Dispute Resolution (ADR) Rules which govern court-annexed ADR processes in South Carolina Circuit Courts in civil suits, and in South Carolina Family Courts in domestic relations actions in counties designated by this Court for mandatory ADR or as required by statute.

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 2011 Bar Examination.

I have attached an Order of the Chef Justice dated October 28, 2010, requiring that when a defendant charged with a summary level offense(s) is unable to make bond and is detained pretrial for the maximum amount of time the defendant would have received if convicted for the offense(s), the on-call bonding magistrate or municipal court judge shall immediately convert the defendant’s surety bond to a personal recognizance (PR) bond and discharge the defendant.

The results of the July 2010 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 29, 2010.

Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend Rule 1.15, RPC, Rule 407, SCACR, as set forth in the attachment to this Order. The amendments are effective immediately.

Chief Justice Jean H. Toal established the Task Force on State Courts and the Elderly in October 2009 and appointed Greenville County Probate Court Judge Debora Faulkner as chair. The Task Force was created to study and make recommendations to the Supreme Court to improve court responses to elder abuse, adult guardianships and conservatorships. The final report was submitted to the Supreme Court July 2010.

On Wednesday, September 8, 2010, Chief Justice Jean Toal was the keynote speaker at a Sentencing Conference in Montgomery, Alabama.

On Tuesday, September 7, 2010, Chief Justice Jean Toal spoke to a group of Alabama educators and attorneys about iCivics, an online project to teach students about the three branches of government.

IT IS ORDERED that Judge Danny O. Barker be designated as Interim Chief Judge for Administrative Purposes of the Summary Courts for Marion County and his authority shall include, but not be limited to, the adminis¬trative purposes and acts set forth in my Order dated June 15, 2010, designating Chief Judges statewide.

IT IS ORDERED that the Honorable Clifton Newman be designated as the Business Court Judge for Richland County.

On Thursday, August 19, 2010, Chief Justice Jean Hoefer Toal addressed members of South Carolina's Judiciary at the Annual Judicial Conference.

The Court has amended the CLE regulations to require that lawyers and judges receive instruction concerning substance abuse or mental health and the legal profession.

The Court has amended the Regulations concerning Specialty Fields

IT IS ORDERED that Judge Deloris F. Williams be designated as Associate Chief Judge for Administrative Purposes of the Summary Courts for Williamsburg County and, in the absence of the Chief Magistrate of Williamsburg County, her authority shall include, but not be limited to, the adminis¬trative purposes and acts set forth in my Order dated June 15, 2010, designating Chief Judges statewide.

Family Court Form
(07/07/2010)

On May 12, 2010, Article 3, Chapter 17, Title 63 of the 1976 Code was amended to require South Carolina Court Administration to create an affidavit for petitioners to file alleging the non-payment of court-ordered support, excluding periodic child support. The purpose of this Administrative Order is to establish the creation of this form pursuant to S.C. Code of Laws Ann § 63-17-835.

Amendment to Rule 608
(07/01/2010)

The Court amended Rule 608, SCACR, by Orders dated November 20, 2009, December 17, 2009, and March 8, 2010. The amendments are effective July 1, 2010. 

Revised General Sessions Sentence Sheet

The Chief Justice’s Commission on the Profession has proposed amending Rule 403, South Carolina Appellate Court Rules, to provide that required Family Court trial experiences must include direct and cross-examination of at least two witnesses, rather than three witnesses.

To improve statistical reporting and to accurately apply family court civil filing fees, the Family Court Coversheet has been revised to include an additional nature of action code, “Registration of Foreign Divorce Decree – with custody or support (191)”.

Amendments to the Rules of Professional Conduct, Rule 407, SCACR, and the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR.

The South Carolina Bar has proposed amending Rule 2, RLDE, Rule 416, SCACR, to clarify that the Resolution of Fee Disputes Board retains jurisdiction over a fee dispute if an attorney is suspended from the practice of law after the fee dispute is filed.

Statutory provisions for the distribution of revenue generated by the magistrates 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.

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.

IT IS ORDERED that Form 303PC, Proof of Will, bearing a revision date of 06/2010, is approved for use in the Probate Courts of South Carolina and replaces SCCA 303PC, bearing a revision date of 07/87.

IT IS ORDERED that Form 300PC, Application for Informal/Formal Probate; Form 306PC, Filing of a Will for Record; Form 341PC, Fiduciary Bond; Form 350PC, Inventory and Appraisement; Form 420PC, Affidavit for Collection of Personal Property; and Form 540PC, Petition for Protective Order/Appointment of Conservator, all bearing a revision date of 06/2010, are approved for use in the Probate Courts of South Carolina. All previous versions of these forms are obsolete.

Supreme Court issues order granting supersedeas in Wilson v. South Carolina Truth Squad.

The SC Court Interpreter Certification Program will be holding a Phase I – Language Neutral Two-Day Workshop in Columbia, to offer anyone interested in becoming certified the opportunity to prepare for the Written and Oral Examinations.

Attached is a copy of an Order of Chief Justice Jean H. Toal, dated June 15, 2010, 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, 2010.

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

IT IS ORDERED that Judge Gary R. Faulkenberry be designated as Interim Chief Judge for Administrative Purposes of the Summary Courts for Chesterfield County and his authority shall include, but not be limited to, the adminis¬trative purposes and acts set forth in my Order dated December 10, 2009, designating Chief Judges statewide.

Supreme Court Amends Rules for Lawyer Disciplinary Enforcement and Rules for Judicial Disciplinary Enforcement

IT IS ORDERED that Judge Brenda B. Carpenter be designated as Interim Chief Judge for Administrative Purposes of the Summary Courts for Edgefield County and her authority shall include, but not be limited to, the adminis­trative purposes and acts set forth in my Order dated December 10, 2009, designating Chief Judges statewide.

IT IS ORDERED that Judge Bruce E. Anders be designated as Interim Chief Judge for Administrative Purposes of the Summary Courts for Pickens County and his authority shall include, but not be limited to, the adminis¬trative purposes and acts set forth in my Order dated December 10, 2009, designating Chief Judges statewide.

Rule 601, SCACR, has been amended to list the Administrative Law Court as a tribunal having priority over certain other courts and tribunals.

I am deeply grateful to the General Assembly for passing H. 3161 which temporarily raises state court civil filing fees. The legislature's hard work to find a temporary solution to the dire budgetary position of the state Court system is commendable. This two-year fix is the best resolution the legislature can find given the limited options available to ensure that this essential government function is adequately funded.

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 2010 Bar Examination.

An article in the Greenville News, printed Sunday, May 2, 2010, highlighted the success of Greenville County's new centralized bond court which began operations five months ago.

Administrative Order - Family Court Forms

Pursuant to Article V, § 4 of the South Carolina Constitution, the Rules of the Board of Law Examiners, Appendix A(B)(2)(f), to Rule 402, SCACR, is amended. These amendments shall take effect ninety (90) days from the date of this order.

The results of the February 2010 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 23, 2010.

Court amends Rule 402(d)(1) to provide that bar applicants who have been admitted to practice law in another country for more than one (1) year at the time the bar application is filed shall file an additional copy of the application and pay an additional fee of $500. Previously, the additional fee and application copy only applied to applicants who had been admitted to practice law in another state or the District of Columbia.

Supreme Court Issues Opinion in City of Columbia Election Case

Supreme Court Issues Opinion in Case Involving Judicial Merit Selection Commission

The Office of Commission Counsel has proposed several amendments to the Rules for Lawyer Disciplinary Enforcement and the Rules for Judicial Disciplinary Enforcement.

Appellant Durham E. Carter has served and filed a notice of appeal, and a motion to expedite in the above matter. The motion to expedite is granted.

The investiture of John Cannon Few as Chief Judge of the South Carolina Court of Appeals will be held on March 24 at 4:00 p.m. at the Court of Appeals.

The Court granted the Bar's petitions to amend Rule 608, SCACR, to provide an exemption for lawyers serving in the legislature and to provide appointment credit for lawyers serving as members of the Resolution of Fee Disputes Board. The changes are effective July 1, 2010.

Chief Justice Jean H. Toal delivered her State of the Judiciary address to the General Assembly today, February 24, 2010, at 12:00 noon. Her speech was broadcast live on the Internet and has been archived for later viewing. 

Chief Justice Jean H. Toal will deliver her State of the Judiciary address to the General Assembly on February 24, 2010 at 12:00 noon.

IT IS ORDERED that the Honorable John C. Few, Chief Judge of the Court of Appeals, be assigned as a circuit judge to issue orders or otherwise dispose of all matters that were pending before him as a circuit judge prior to him taking the oath of office and qualifying for the seat on the Court of Appeals. This assignment shall continue until Chief Judge Few has issued all of the orders or otherwise disposed of all pending matters.

The South Carolina Judicial Department welcomes Judge John C. Few to the Court of Appeals.

Judicial Elections
(02/03/2010)

Judicial elections were held February 3, 2010.

On January 26, 2010, Chief Justice Jean Hoefer Toal delivered a presentation to the South Carolina House Ways and Means Law Enforcement and Criminal Justice Subcommittee.

On January 22, 2010, Chief Justice Jean Hoefer Toal delivered her annual presentation to the SC Bar. 

Supreme Court Agrees to Entertain Action Relating to Judicial Merit Selection

The investiture of Justice Kaye Gorenflo Hearn as a Justice of the Supreme Court of South Carolina will be held today (Thursday, January 14, 2010) at 3:30 p.m., at the Supreme Court Building in Columbia, South Carolina. 

It is with sadness and regret that the Justices and staff of the Supreme Court of South Carolina acknowledge the death of Ben Franklin McCall. 

The investiture of Justice Kaye Gorenflo Hearn as a Justice of the Supreme Court of South Carolina will be held at 3:30 p.m. on Thursday, January 14, 2010, at the Supreme Court Building in Columbia, South Carolina.

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