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South Carolina Supreme Court

Coordinates:34°0′6″N81°1′57″W / 34.00167°N 81.03250°W /34.00167; -81.03250
From Wikipedia, the free encyclopedia
Highest court in the U.S. state of South Carolina

Supreme Court of South Carolina
Map
Interactive map of Supreme Court of South Carolina
Established1868
JurisdictionSouth Carolina
LocationColumbia
MottoNil ultra
(Latin:Nothing beyond)
Composition methodElection by theGeneral Assembly
Authorised byS.C. Const. art. V, §§ 1-2
Appeals toSupreme Court of the United States
Appeals fromSouth Carolina Court of Appeals
South Carolina Circuit Court
Judge term lengthTen years, staggered
Number of positions5
WebsiteOfficial website
Chief Justice
CurrentlyJohn W. Kittredge
SinceAugust 1, 2024
Lead position ends2028
Jurist term ends2028

TheSupreme Court of South Carolina is the highest court in theU.S. state ofSouth Carolina. The court is composed of achief justice and fourassociate justices.[1][2]

Judicial selection

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South Carolina is one of two states where the state legislature elects state court judges, including the justices on the state supreme court.[3] A ten-person committee (composed mostly of state legislators) called the Judicial Merit Selection Commission (JMSC) winnows down the number of candidates to fill a judicial vacancy to three based on candidate qualifications. The General Assembly must then choose from one of these three candidates to fill a judicial vacancy.[3] However, candidates who gauge a lack of support amongst the General Assembly often drop out of the race, leaving the Assembly only one candidate to vote for.[4][5]

The JMSC is composed of five members appointed by the House Speaker of theSouth Carolina House of Representatives, three members appointed by the Senate Judiciary Committee chairman, and two members appointed by the South Carolina Senate president. South Carolina statutory law requires that six of the ten JMSC members be state legislators.[6]

Justices on the supreme court serve ten-year terms and there is no prohibition against justices serving multiple terms on the court.[2][7] However, there is a mandatory retirement age of 72 for state trial judges and state appellate judges.[8]

The judicial selection process has been criticized by commentators for its opacity.[6][9] Following the supreme court's opinion striking down the state's fetal heartbeat bill in 2022 based on its violation of the state constitution's right to privacy, state legislators began to deliberate on reforms to the judicial selection process and GovernorHenry McMaster called for reform in his 2023 State of the State address.[3]

Current justices of the court

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Main article:List of justices of the South Carolina Supreme Court
NameBornStartTerm endsMandatory RetirementLaw School
John W. Kittredge (1956-09-28)September 28, 1956 (age 69)August 1, 200820282028South Carolina
John Cannon Few (1963-04-09)April 9, 1963 (age 62)January 1, 201620262035
George C. James (1960-06-02)June 2, 1960 (age 65)February 7, 201720302032
D. Garrison Hill (1964-07-14)July 14, 1964 (age 61)February 9, 202320302036
Letitia H. Verdin1970 (age 54–55)August 1, 202420342044

Jurisdiction

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The court enjoys bothoriginal andappellate jurisdiction. It enjoys exclusive appellate jurisdiction for all state cases regarding thedeath penalty, state utility rates, judgments involving public bonded indebtedness and elections, and orders limiting stategrand juries and relating toabortions by minors. Original jurisdiction pertains to the issuancewrits includingmandamus,certiorari, and very extraordinary bills.[10]

Additional charges of the court

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The South Carolina Supreme Court oversees theadmission of individuals to practice law in the state.[11] Much of the administration regarding admissions and practice is delegated to theSouth Carolina Bar, established by statute as an administrative arm of the court; however, the court retains ultimate authority in South Carolina governing the practice of law.[12] It also supervises the disciplining of attorneys and suspension of those no longer able to practice due to mental or physical condition.[13]

History

[edit]
United States historic place
Supreme Court of South Carolina Building
Supreme Court of South Carolina Building, December 2009
South Carolina Supreme Court is located in South Carolina
South Carolina Supreme Court
Show map of South Carolina
South Carolina Supreme Court is located in the United States
South Carolina Supreme Court
Show map of the United States
Location1231 Gervais St.,
Columbia, South Carolina
Coordinates34°0′6″N81°1′57″W / 34.00167°N 81.03250°W /34.00167; -81.03250
Area0.5 acres (0.20 ha)
Built1917 (1917)–1921
ArchitectGill & Wilkins; Andrew V. Kerns
NRHP reference No.72001220[14]
Added to NRHPOctober 18, 1972

TheSupreme Court of South Carolina Building is located in the state capital ofColumbia. The court moved into its current location, a former United States Post Office building, in 1971.[15] It was built between 1917 and 1921, and is a two-story,Neo-Classical style building. The building has been listed on theNational Register of Historic Places since 1972.[16][17] Prior to 1971, the court met in a section of theSouth Carolina State House in an area totaling approximately 1,400 square feet (130 m2); the justices did not have individual offices, but instead met in a common conference room when not presiding over a session of court.[15]

Controversy arose in late 2007 afterThe State newspaper reported that the Supreme Court reversed the grades of 20 people who failed the South Carolina bar exam, including children of prominent attorneys, by voiding the results of thewills,trusts, andestates section of the exam.[18][19][20]

From 1930 to 2016, the South Carolina Supreme Court had 17 Chief Justices.

References

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  1. ^S.C. Const. art. V, § 2Archived 2009-10-14 at theWayback Machine
  2. ^abS.C. Code Ann. § 14-3-10Archived 2009-08-20 at theWayback Machine
  3. ^abcGreen, Mary (January 27, 2023)."SC legislature delays judicial elections, sparking criticisms of selection process, court representation".WISTV. RetrievedJanuary 31, 2023.
  4. ^Brundrett, Rick (January 26, 2022)."Judicial panel hiding behind secrecy law | The Nerve".thenerve.org. RetrievedJanuary 31, 2023.
  5. ^Harris, Bracey (January 20, 2023)."South Carolina's Supreme Court is likely about to become all-male".NBC News. RetrievedJanuary 31, 2023.
  6. ^abBrundrett, Rick (January 26, 2022)."Judicial panel hiding behind secrecy law | The Nerve".thenerve.org. RetrievedJanuary 31, 2023.
  7. ^S.C. Const. art. V, § 3Archived 2009-10-14 at theWayback Machine
  8. ^S.C. Code Ann. § 9-8-60(1)Archived 2009-08-20 at theWayback Machine
  9. ^Editorial Staff (January 21, 2023)."Editorial: Reform how SC judges are selected, but make it real reform, not political games".Post and Courier. RetrievedJanuary 31, 2023.
  10. ^S.C. Code Ann. § § 14-3-310 to -330Archived 2009-08-20 at theWayback Machine
  11. ^S.C. Const. art. V, § 4Archived 2009-10-14 at theWayback Machine
  12. ^S.C. Code Ann. § 40-5-20Archived 2010-09-21 at theWayback Machine
  13. ^S.C. Code Ann. § 40-5-10[permanent dead link]
  14. ^"National Register Information System".National Register of Historic Places.National Park Service. July 9, 2010.
  15. ^abLittlejohn, BruceLittlejohn's South Carolina Judicial History: 1930-2004, Joggling Board Press, Charleston, SC (2005).ISBN 0-9753498-6-4
  16. ^Dollie McGrath (August 1971)."Supreme Court of South Carolina Building"(PDF).National Register of Historic Places - Nomination and Inventory. RetrievedJanuary 7, 2014.
  17. ^"Supreme Court of South Carolina Building, Richland County (Gervais & Sumter Sts., Columbia)".National Register Properties in South Carolina. South Carolina Department of Archives and History. RetrievedJanuary 7, 2014.
  18. ^Monk, John (November 16, 2007)."S.C. Bar to court: Explain actions".The State. Archived fromthe original on November 18, 2007.
  19. ^Brundrett, Rick (December 2, 2007)."Supreme Court not off the hook".The State.Columbia, South Carolina. Archived fromthe original on December 4, 2007.
  20. ^Brundrett, Rick (January 26, 2008)."Toal says fairness drove decision".The State. Archived fromthe original on January 29, 2008.

External links

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