Attached is a copy of an Order of Chief Justice Jean H. Toal, dated December 22, 2011, 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 January 1, 2012.
IT IS ORDERED that Form SCRCP Form 4C, Judgment in a Civil Case, bearing a revision date of December 2011, is approved for use in the Circuit Courts of South Carolina and replaces SCRCP Form 4 bearing a revision date of October 2011. It is further Ordered that SCRCP Form 4F, Judgment in a Family Court Case, bearing a revision date of December 2011, is approved for use in the Family Courts of South Carolina and replaces SCRCP Form 4F bearing a revision date of October 2011.
Amendment to Rule 410, SCACR
The Supreme Court of South Carolina Supreme Court has amended Rule 410, SCACR, to limit membership in the South Carolina Bar to those persons who are licensed to practice law in this state. This amendment is effective December 31, 2011, and on that date the current Bar membership class for associate members will end.
A Joint Memorandum was issued on December 13, 2011 by Chief Justice Jean Toal and Chief of SLED Mark Keel changing the effective date of the new warrant numbering method and format to July 1, 2012. Details on the new warrant numbering method and format are defined in the September 15, 2011 Court Administration Memorandum.
Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby adopt the Bar's proposed amendments to Rule 416, SCACR, with some further amendments to Rules 10 and 20 of Rule 416, as set forth in the attachment to this Order. The amendments are effective immediately.
Business Court Pilot Program Extension
IT IS ORDERED that the Business Court Pilot Program in Charleston, Greenville, and Richland Counties shall be extended for an additional two years, effective December 1, 2011, unless rescinded or modified by future order of the Chief Justice.
The attached “Frequently Asked Questions in South Carolina Criminal Court” and “Frequently Asked Questions About Expungements and Pardons in South Carolina Courts” proposed by the South Carolina Supreme Court’s Access to Justice Commission are approved and shall be posted on the South Carolina Judicial Department’s website.
The Supreme Court of South Carolina has issued an opinion in the above case regarding the Presidential Preference Primary.
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 2012 Bar Examination.
Family Court Judges Advisory Committee
IT IS ORDERED that the current membership of the Family Court Judges’ Advisory Committee shall be composed of a nine member body, consisting of six at-large members and the three officers of the South Carolina Conference of Family Court Judges.
Probate Court Judges Advisory Committee
Revised Subpoena Form
IT IS ORDERED that Form SCCA 253, Subpoena in a Criminal Case, bearing the revision date of 10/2011, is approved for use in the Court of General Sessions of South Carolina. All previous versions of this form are obsolete.
The Court has issued an order requiring that certain appeals involving child custody issues be expedited.
Results of the July 2011 Bar Examination
The results of the July 2011 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 21, 2011.
Order issued today by the Supreme Court requires all attorneys and foreign legal consultants licensed in South Carolina to verify and update their contact information in the Attorney Information System (AIS) at the Supreme Court by November 18, 2011.
Probate Court Forms
IT IS ORDERED that the updates to fourteen (14) existing forms and the addition of one (1) new form with the revision date of (9/2011) are approved for use in the Probate Courts of South Carolina. The forms are located at http://www.sccourts.org/forms. All previous versions of these forms are obsolete.
On Wednesday, September 28, 2011, Chief Justice Jean Hoefer Toal was the guest speaker at the Grand Opening of the Newberry County Self-Help Center at the Fall Clerk of Court’s Conference.
IT IS ORDERED that Form SCRCP Form 4C, Judgment in a Civil Case, bearing a revision date of October 2011, is approved for use in the Circuit Courts of South Carolina and replaces SCRCP Form 4 bearing a revision date of June 2008. IT IS FURTHER ORDERED that SCRCP Form 4F, Judgment in a Family Court Case, bearing a revision date of October 2011, is approved for use in the Family Courts of South Carolina and replaces SCRCP Form 4F bearing a revision date of December 2009.
IT IS ORDERED that the Administrative Order dated August 16, 2011 approving the Circuit Court Order and Judgment Coversheet (SCCA 290) and the Family Court Order and Judgment Coversheet (SCCA 290F) is rescinded.
Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby adopt Rule 417, South Carolina Appellate Court Rules, as amended, and as set forth in the attachment to this order. The amendments are effective immediately.
Amendments to Rule 402(m), SCACR
The Court has issued an order amending Rule 402(m), SCACR, to authorize the Dean and tenured professors at the Charleston School of Law to be admitted to the practice of law in this State without taking the Bar Examination and Multistate Professional Responsibility Examination or completing Bridge the Gap. This amendment authorizes the admission of the Dean and tenured professors at the Charleston School of Law to be admitted upon the same conditions as previously authorized for the Dean and tenured professors at the University of South Carolina School of Law.
The Chief Justice has issued an administrative order setting forth the procedures to be utilized when an attorney appointed to protect the client interests of another lawyer pursuant to Rule 31, RLDE, Rule 413, SCACR, receives files from the lawyer which are in an unsanitary or hazardous condition.
Results from the DUI/DUAC Disposition Orders
Results from the DUI/DUAC Disposition Orders
On Thursday, August 18, 2011, Chief Justice Jean Hoefer Toal addressed members of South Carolina's Judiciary at the Annual Judicial Conference.
IT IS ORDERED that the attached Form SCCA 720, Notice of Civil Appeal, and the attached Form SCCA 763, Notice and Order of Public Sale of Vehicle, both bearing a revision date of 8/1/2011, are hereby approved, effective immediately, for use in civil actions and vehicle public sales filed in magistrate court.
Rosalyn W. Frierson, director of South Carolina Court Administration, has been named vice-chair of the Board of Directors of the National Center for State Courts (NCSC).
Revised Minor Settlement Procedure
IT IS ORDERED that the attached revised Minor Settlement Procedure, which is incorporated and made part of this Order, is hereby adopted effective immediately. The Minor Settlement Procedure is amended to add Section VIII which provides a procedure for Special Needs Trusts. This Order supersedes the Order of this Court dated July 23, 2008 providing for a uniform Minor Settlement Procedure.
Chief Justice of South Carolina Jean Hoefer Toal was presented the National Center for State Courts' Sandra Day O'Connor Award for the Advancement of Civics Education by the award's namesake during a ceremony last week.
Revised Family Court Civil Contempt Forms
Due to upcoming renovations in the Calhoun Building, the Docketing Office and Reception Desk for the South Carolina Court of Appeals will be temporarily moved to the Edgar Brown Building, 1205 Pendleton Street, Columbia, South Carolina, 29201.
An article on Government Technology’s website highlights the recent completion of Chief Justice Jean Toal's statewide implementation of the Judicial Case Management System in the Circuit and Magistrate Courts in all 46 counties.
Pursuant to the provisions of South Carolina Constitution Article V § 4, IT IS ORDERED that the SCCA 400.11 SRL-DIV - Sample Script for Plaintiff’s Testimony be added to the Self-Represented Litigant Simple Divorce Packet. In addition, the revisions to the SCCA 400.02 SRL-DIV - Complaint for Divorce, with a revision date of (7/2011), are approved.
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 - Magistrates & Municipal Judges
Statutory provisions for the distribution of revenue generated by the magistrate courts and municipal courts
Fee Memorandum - CountyTreasurers
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
Amendments to South Carolina Bar Constitution
The Court has agreed to the Bar's proposed amendments to the Bar Constitution, which: (1) allow notice of meetings to be served electronically; (2) eliminate the positions of Assistant Secretary and Assistant Treasurer; and (3) formally recognize the current practice of electing ABA State Bar Delegates in staggered terms.
Attached is a copy of an Order of Chief Justice Jean H. Toal, dated June 17, 2011, 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, 2011.
The Supreme Court has issued an order administratively suspending lawyers under Rule 419, SCACR, for failing to comply with Continuing Legal Education Requirements.
The South Carolina Supreme Court has issued an opinion on the Governor's authority to call an extra session of the General Assembly.
Action Challenging Governor's Authority to Call an Extra Session of the General Assembly.
Judicial elections were held May 25, 2011.
Conditional Discharge Form Revision
IT IS ORDERED that Form SCCA/218, Conditional Discharge Form, bearing a revision date of 05/2011, is approved for use in the Circuit Courts of South Carolina and replaces SCCA 218, bearing a revision date of 03/2011.
IT IS ORDERED that Judge R.M. Todd be designated as Interim Chief Judge for Administrative Purposes of the Summary Courts for Kershaw County and his authority shall include, but not be limited to, the adminis¬trative purposes and acts set forth in my Order dated December 30, 2010, designating Chief Judges statewide.
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 2011 Bar Examination. One hundred and forty (140) applicants will be randomly selected from those applicants whose completed "Request to Participate" forms are received no later than Wednesday, June 1, 2011.
Civil Subpoenas in Circuit and Family Court Matters
Revised Subpoena Forms
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, since April 1, 2011.
Mortgage Foreclosure Actions
Mortgage Foreclosure Actions
On Saturday, April 30th, Chief Justice Toal received the 2011 SEABOTA Jurist of the Year award at the SEABOTA annual conference.
Amendments to the South Carolina Appellate Court Rules, the South Carolina Rules of Civil Procedure and the South Carolina Rules of Criminal Procedure are effective.
Results of the February 2011 Bar Examination
The results of the February 2011 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 22, 2011.
Amendments to Rule 424, SCACR
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 424, SCACR, is hereby amended as follows: The term "$500" shall be amended to "$1,000" in Rule (b).
Results of the February 2011 Bar Examination
The results of the February 2011 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 22, 2011.
The South Carolina Bar has furnished the attached list of lawyers who were administratively suspended from the practice of law on February 1, 2011, under Rule 419(b)(1), SCACR, and remain suspended as of April 1, 2011. Pursuant to Rule 419(e)(1), SCACR, these lawyers are hereby suspended from the practice of law by this Court. They shall surrender their certificates to practice law in this State to the Clerk of this Court by May 1, 2011.
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. Effective with cases filed in the family court on or after June 1, 2011, Oconee County Family Court joins those counties previously designated by this Court for mandatory ADR.
The South Carolina Court of Appeals announces a special term of court has been scheduled in Charleston on Thursday, April 7, 2011.
IT IS ORDERED THAT the Conditional Discharge Form (SCCA/218), bearing a date of 03/2011, is approved for use in the Circuit Courts of South Carolina, and the General Sessions Sentence Sheet Form (SCCA/217) bearing a revision date of 03/2011, is approved for use in the Circuit Courts of South Carolina and supersedes SCCA/217, bearing a revision date of 06/2010.
Orders, Lists, Transmittal Letters and Advisories in Connection with DUI/DUAC Backlog Reduction.
Videoconferencing Approval for the 10th Circuit
I FIND THAT the use of videoconferencing enhances the efficiency and security in courtroom proceedings, while maintaining the constitutional rights of the defendants. The Courts of General Sessions of the Tenth Judicial Circuit have submitted a proposed procedure for videoconferencing in that court. The purpose of this Order is to set forth procedures to be used in the Courts of General Sessions for the Tenth Judicial Circuit for initial appearances, bond hearings, probation revocations, contested motions, and acceptance of guilty pleas and sentencing when the Defendant is not present in the Courtroom, but will appear at the hearing by videoconference.
The Digital Age is Here for SC Court System
An article in today's State Newspaper highlights Chief Justice Toal's State of the Judiciary address to a joint session of the S.C. Legislature.
Chief Justice Jean H. Toal delivered her State of the Judiciary address to the General Assembly today, March 2, 2011, 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 March 2, 2011 at 12:00 noon.
Appointment of Lee County Interim Chief Magistrate
By Order dated February 12, 2010, Sumter County Magistrate George R. Gibson currently has limited jurisdiction in Lee County.
Chief Justice of South Carolina Jean Hoefer Toal has been named the first recipient of the National Center for State Courts’ (NCSC) Sandra Day O’Connor Award for the Advancement of Civics Education. NCSC established the award in 2010 to honor an organization, court, or individual who has promoted, inspired, improved, or led an innovation or accomplishment in the field of civics education.
Docket Management Task Force
The South Carolina Supreme Court has established a Docket Management Task Force to gather data concerning current docket management in the state trial courts and to make recommendations to the Chief Justice as to how to improve our docket management system.
Hundreds of South Carolina middle- and high-school students are receiving civics lessons through an innovative educational approach — graphic novels. “Justice Case Files” is a series of three graphic novels produced by the National Center for State Courts (NCSC) in an effort to improve the public’s awareness of and knowledge about how courts work. South Carolina Chief Justice Jean Toal enthusiastically endorses the project, and two South Carolina law firms made it possible by purchasing the books to donate to schools across the state.
Time Disposition Orders for Summary Courts
I have attached two Orders of the Chief Justice dated February 14, 2011 (2011-02-14-01 and 2011-02-14-02), revoking and replacing two previous Orders of the Chief Justice dated June 26, 1980.
The South Carolina Court of Appeals is pleased to announce it has accepted the invitation of Furman University President, Rod A. Smolla, to hold a special term of Court at Furman University.
Newberry County Self-Help Center Pilot Program
Pursuant to the provisions of S.C. Const. Art. V § 4, I find that the South Carolina Access to Justice Commission has petitioned the Supreme Court of South Carolina to create a pilot program establishing a self-help center at the Newberry County Courthouse. This self-help center will be administered by the Access to Justice Commission with the assistance of the Newberry County Clerk of Court staff and volunteer lawyers to provide basic legal information and court-approved, self-help resources to the public.
Judicial elections were held February 2, 2011.
On January 27, 2011, Chief Justice Jean Hoefer Toal delivered a presentation to the South Carolina House Ways and Means Committee.
Family Court Forms
IT IS ORDERED that SCCA 458A – Application: Registration of Out-of-State Child Custody Order, SCCA 458B – Notice: Registration of Out-of-State Child Custody Order and SCCA 458C – Confirmation: Registration of Out-of-State Child Custody Order are approved for use in Family Courts of South Carolina.
Rule Changes Submitted to the General Assembly
Pursuant to Article V, § 4A of the South Carolina Constitution, the following were submitted to the South Carolina General Assembly on January 27, 2011.
Court of Appeals Chief Judge John Cannon Few has accepted an invitation to join the Spring 2011 class of the Riley Institute Diversity Leaders Initiative, a Furman University program.
The Office of Commission Counsel has proposed several amendments to the Rules for Lawyer Disciplinary Enforcement (RLDE) and the Rules for Judicial Disciplinary Enforcement (RJDE), which are contained within Rules 413 and 502, SCACR. The Commission on Lawyer Conduct and the Commission on Judicial Conduct voted to approve the proposed amendments following the October 26, 2010, annual meeting of the Commissions.
Due to the inclement weather and treacherous driving conditions in much of South Carolina, the Court of Appeals will not hold court on Tuesday January 11, 2011.
Interest Rate on Money Judgments and Decrees
The Supreme Court issues order regarding legal rate of interest on money judgments and decrees.
Amendment to Rule 402, SCACR
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 402, SCACR, is hereby amended.
On January 15, 2003, I issued a memorandum concerning motion fees pursuant to S.C. Code Ann §8-21-320 (Supp. 2009) which requires the collection of a $25 fee for every motion made in the Court of Common Pleas and Family Court. The memorandum also included a motion fee list to serve as a guide to promote uniformity in the application of the $25.00 fee. The motion fee does not apply to family court juvenile delinquency proceedings, or to family court matters involving rules to show cause in child and spousal support matters.