Filing and Release of Opinions During Holiday Period
Due to the legal holidays during the week of December 23, 2013, and the week of December 30, 2013, opinions may be filed and released at 10:00 a.m. on Monday, December 23, 2013; 2:00 p.m. on Friday, December 27, 2013; and 10:00 a.m. on Thursday, January 2, 2014.
IT IS ORDERED that the judges of the magisterial courts listed below be designated as Chief Judge or Associate Chief Judge for Administrative Purposes of the Summary Courts in the counties in which they hold office.
The Court directs that in each General Sessions case arising before the various Magistrates and Municipal Courts of the county, the following procedure is to be followed:
Applicants interested in using laptops to complete their answers to the essay sections of the February 2014 South Carolina Bar Examination must complete and submit the attached "Request to Participate" form.
IT IS ORDERED that SCCA Form 254 - Subpoena in a Civil Case, and SCCA Form 254F - Subpoena in a Family Court Case, are approved for use in the Circuit Courts and Family Courts of South Carolina.
2013 Probate Code Form Changes
Act No. 100 of 2013 substantially alters the Probate laws and procedures relating to estate administration, effective January 1, 2014
Closing of the Probate Courts
Please see the attached Supreme Court order authorizing the closing of the Probate Courts statewide on December 11 and 12, 2013, for training of court staff related to the 2013 Probate Code effective January 1, 2014.
Attorney Information System
The South Carolina Judicial Department is currently developing an e-filing system to allow the electronic filing of documents in the courts of this State. This system will rely, in part, on the information already maintained by the Attorney Information System (AIS), and lawyers will ultimately use their AIS user name and password to access the web-based portal for e-filing.
Results of the July 2013 Bar Examination
The results of the July 2013 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 25, 2013.
I find that due to the implementation of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and upon recommendation of the Probate Judges Advisory Committee, revisions to certain uniform probate court forms and the development of the following new forms are necessary.
Results of the July 2013 Bar Examination
The results of the July 2013 Bar Examination will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, October 25, 2013.
Rules 413 and 502, SCACR, are hereby amended as set forth in the attachment to this order. The amendments are effective immediately.
Public Access to Appellate Case Management System
The South Carolina Judicial Department is pleased to announce that public access to C-Track is now available on the Judicial Department Website.
The attached "Frequently Asked Questions" in South Carolina Probate Court, which were proposed by the South Carolina Access to Justice Commission, are approved and shall be posted on the South Carolina Judicial Department's website.
Attorney Search Feature Now Available
The public may now search for information regarding licensed South Carolina attorneys on the South Carolina Judicial Department's (SCJD) website.
Chief Justice Jean Hoefer Toal’s annual address to members of South Carolina’s Judiciary was presented today at the 2013 Annual Judicial Conference.
SC Summary Court Judges Pilot Mentoring Program
The Chief Justice's Commission on the Profession submitted a South Carolina Summary Court Judges Pilot Mentoring Program to this Court for consideration to assist newly appointed summary court judges in their progression to the bench.
Chief Justice Jean Toal participates in panel discussion at the Conference of Chief Justices' Annual meeting.
The Commission on Continuing Legal Education and Specialization has proposed amending Appendix C to Part IV of the South Carolina Appellate Court Rules to specifically permit programs focusing on the elimination of bias in the legal profession to qualify for legal ethics/professional responsibility credit. We grant the Commission's request to amend Appendix C as set forth in the attachment to this Order.
The Forum on the Advancement of Court Technology (FACT) has announced that sccourts.org is among this year’s winners of the Top Ten Court Websites Award.
IT IS ORDERED that the revised SCCA 223A – Order for Destruction of Arrest Records, bearing a revision date of (7/2013), is approved for use in General Sessions Courts of South Carolina. IT IS FURTHER ORDERED that the revised SCCA 102—Petition for an Order Allowing for Disposition of the Physical Evidence or Biological Material, bearing a revision date of (7/2013), is approved for use in General Sessions Courts and Family Courts of South Carolina.
Rehearing Denied in the Case of Adoptive Couple v. Baby Girl
Recognition by the Solicitors Regulation Authority of the United Kingdom
Remand Order Issued in the Case of Adoptive Couple v. Baby Girl
The South Carolina Judicial Department has selected The Tybera Corporation of Oren, Utah to provide the e-filing solution for the South Carolina 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
Fee Memorandum - Magistrates & Municipal Judges
Statutory provisions for the distribution of revenue generated by the magistrate courts and municipal courts.
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
Attached is a copy of an Order of Chief Justice Jean H. Toal, dated June 25, 2013, 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, 2013.
Rule 510, SCACR, which addresses continuing legal education requirements for magistrates and municipal court judges is hereby amended as set forth in the attachment to this Order. The amendments are effective July 1, 2013.
The above-referenced order provides for a period of protection for Lawyer Legislators during Legislative Session.
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 2013 Bar Examination.
Horry County Special Referee
Ralph P. Stroman, Esq. is appointed as special referee for Horry County to hear default foreclosures and perform such administrative duties as may be delegated to him by the Master-in-Equity for Horry County.
The Supreme Court has issued an order administratively suspending lawyers under Rule 419, SCACR, for failing to comply with Continuing Legal Education Requirements.
Rule 419 of the South Carolina Appellate Court Rules
Rule 419 of the South Carolina Appellate Court Rules
Judicial election held May 15, 2013.
Since ninety days have passed since submission without rejection by the General Assembly, the amendments contained in the above orders are effective immediately.
Results of the February 2013 Bar Examination
The results of the February 2013 Bar Examination were posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 26, 2013.
Lawyers Suspended for Failure to Pay License Fees
The Supreme Court has issue an order administrative suspending lawyers under Rule 419, SCACR, for failing to pay license fees to the South Carolina Bar.
Petitioner has served and filed a petition for a writ of mandamus, and asks for expedited review of this matter. Additionally, petitioner moves to be allowed to file certain documents under seal.
Revised SCCA Form 221C
IT IS ORDERED that SCCA Form 221C, Order—Finding of Lack of Competence to Stand Trial for the Foreseeable Future and Ordering Probate Commitment Proceedings, is approved for use in the Circuit Courts of South Carolina. The form supersedes all previous versions.
IT IS ORDERED that Forms SCCA/221(a), SCCA/221(b), SCCA/222(a), and SCCA/222(b), each bearing a date of 03/2013, are approved for use in the Circuit Courts of South Carolina.
Judgment in a Civil Case Form (SCRCP Form 4C)
IT IS ORDERED that Form SCRCP Form 4C, Judgment in a Civil Case, bearing a revision date of March 2013, is approved for use in the Circuit Courts of South Carolina and replaces SCRCP Form 4C bearing a revision date of December 2011.
Effective with cases filed in the circuit court and the family court on or after June 1, 2013, the First, Second, Seventh, and Ninth circuits and Georgetown, Marion, Kershaw and Darlington counties join those counties previously designated by this Court for mandatory ADR. Additionally, in Oconee and Pickens Counties cases filed in the circuit court on or after June 1, 2013 shall be subject to mandatory ADR.
Fast Track Jury Trials
The Chief Justice established rules and procedures for the voluntary use of the Fast Track jury trial process in South Carolina.
Chief Justice Jean H. Toal delivered her State of the Judiciary address to the General Assembly today, February 20, 2012, at 12:00 noon.
Chief Justice Jean H. Toal will deliver her State of the Judiciary address to the General Assembly on February 20, 2013 at 12:00 noon.
The Court has adopted a number of amendments to the South Carolina Appellate Court Rules concerning the appointment of attorneys to protect the interests of clients under Rule 31, RLDE, Rule 413, SCACR, and attorney succession planning.
Rule Changes Submitted to the General Assembly
Pursuant to Article V, § 4A of the South Carolina Constitution, the following rule changes were submitted to the South Carolina General Assembly on January 31, 2013.
Judicial elections were held January 30, 2013.
Amendment to Rule 402, SCACR
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 402, SCACR, is hereby amended.
The Commission on Lawyer Conduct and the Commission on Judicial Conduct have proposed a number of amendments to the Rules for Lawyer Disciplinary Enforcement and the Rules for Judicial Disciplinary Enforcement, which are found in Rules 413 and 502, SCACR. The purpose of the amendments is to provide better guidance in proceedings involving incapacity or where a lawyer or judge may be unable to participate in a disciplinary investigation or to assist in his or her own defense in formal proceedings due to a physical or mental condition.
Pursuant to Article V, § 4, of the South Carolina Constitution, Footnote 1 to Rule 31(f) of Rule 413 of the South Carolina Appellate Court Rules (SCACR) is hereby amended.
Lesley Coggiola Featured in ABA Journal Article
An interview with Lesley Coggiola, Disciplinary Counsel, is featured in an article titled "You're Out of Order! Dealing with the costs of incivility in the legal profession".
Interest Rate on Money Decrees and Judgments
The Supreme Court issues order regarding the legal rate of interest on money decrees and judgments.