South Carolina Supreme Court

Last updated
Supreme Court of South Carolina
SCSupreme CourtSeal.jpg
South Carolina Supreme Court
Established1868
JurisdictionFlag of South Carolina.svg  South Carolina
Location Columbia
MottoNil ultra
Composition methodElection by the General Assembly
Authorized byS.C. Const. art. V, §§ 1-2
Appeals to Supreme Court of the United States
Appeals from South Carolina Court of Appeals
South Carolina Circuit Court
Judge term lengthTen years, staggered
Number of positions5
Website Official website
Chief Justice
Currently John W. Kittredge
SinceAugust 1, 2024
Lead position ends2028
Jurist term ends2028

The Supreme Court of South Carolina is the highest court in the U.S. state of South Carolina. The court is composed of a chief justice and four associate justices. [1] [2]

Contents

Judicial selection

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 the South 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 Governor Henry McMaster called for reform in his 2023 State of the State address. [3]

Current justices of the court

Justice'BornJoinedTerm endsMandatory retirementLaw school
John W. Kittredge September 28, 1956 (age 67)August 1, 200820282028 South Carolina
John Cannon Few April 9, 1963 (age 61)January 1, 201620262035
George C. James June 2, 1960 (age 64)February 7, 201720302032
D. Garrison Hill July 14, 1964 (age 60)February 9, 202320302036
Letitia H. Verdin 1970 (age 53–54)August 1, 202420342043-4

Jurisdiction

The court enjoys both original and appellate jurisdiction. It enjoys exclusive appellate jurisdiction for all state cases regarding the death penalty, state utility rates, judgments involving public bonded indebtedness and elections, and orders limiting state grand juries and relating to abortions by minors. Original jurisdiction pertains to the issuance writs including mandamus, certiorari, and very extraordinary bills. [10]

Additional charges of the court

The South Carolina Supreme Court oversees the admission of individuals to practice law in the state. [11] Much of the administration regarding admissions and practice is delegated to the South 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

Supreme Court of South Carolina Building
SupremeCourtSCbuilding.JPG
Supreme Court of South Carolina Building, December 2009
USA South Carolina location map.svg
Red pog.svg
Usa edcp location map.svg
Red pog.svg
Location1231 Gervais St.,
Columbia, South Carolina
Coordinates 34°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

The Supreme Court of South Carolina Building is located in the state capital of Columbia. 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 the National Register of Historic Places since 1972. [16] [17] Prior to 1971, the court met in a section of the South 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 after The 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 the wills, trusts, and estates section of the exam. [18] [19] [20]

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

Related Research Articles

The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.

The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940 and has been adopted by many states of the United States. Similar methods are used in some other countries.

<span class="mw-page-title-main">Supreme Court of Maryland</span> Highest court in the U.S. state of Maryland

The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes.

<span class="mw-page-title-main">North Carolina Supreme Court</span> Highest court in the U.S. state of North Carolina

The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

<span class="mw-page-title-main">Supreme Court of Texas</span> Highest court in the U.S. state of Texas for civil appeals

The Supreme Court of Texas is the court of last resort for civil matters in the U.S. state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort in criminal matters.

<span class="mw-page-title-main">Oklahoma Supreme Court</span> One of the two highest judicial bodies in the U.S. state of Oklahoma

The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Joseph F. Rice School of Law</span> Law school of the University of South Carolina

The University of South Carolina Joseph F. Rice School of Law, also known as South Carolina Law School, is a professional school within the University of South Carolina. Founded in 1867, it is the only public and non-profit law school in South Carolina. It has been accredited by the American Bar Association since 1925 and a member of the Association of American Law Schools since 1924.

<span class="mw-page-title-main">Judiciary of Oklahoma</span>

The Oklahoma Court System is the judicial system for the U.S. State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief.

<span class="mw-page-title-main">Montana Supreme Court</span> Highest court in the U.S. state of Montana

The Montana Supreme Court is the highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Joseph P. Mazurek Building in Helena, Montana, the state's capital, an international style building completed in 1982 and named in the honor of former Montana Attorney General, Joseph P. Mazurek.

<span class="mw-page-title-main">New Mexico Supreme Court</span> Highest court in the U.S. state of New Mexico

The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe.

<span class="mw-page-title-main">2010 North Carolina judicial elections</span>

One justice of the North Carolina Supreme Court and five judges of the North Carolina Court of Appeals were elected by North Carolina voters on November 2, 2010, on the same day as the U.S. Senate election, U.S. House elections, and other state-level elections. North Carolina judicial elections are non-partisan. Terms for seats on each court are eight years. All incumbent judges and justices who sought re-election won their respective races, except for Judge Cressie Thigpen of the Court of Appeals, who had been appointed shortly before the election and lost North Carolina's first statewide election to use Instant-runoff voting.

The Kansas Supreme Court Nominating Commission was established in 1958 when Kansas voters approved an amendment to the state's constitution. The commission is tasked with presenting the governor with a slate of three qualified candidates whenever a vacancy occurs on the Kansas Supreme Court. The governor interviews the candidates and makes the appointment. This process, known as merit selection, is used by Kansas and 21 other states, along with the District of Columbia, for selecting all members of their highest court.

<span class="mw-page-title-main">South Carolina Circuit Court</span> U.S. state court

The South Carolina Circuit Court is the state court of general jurisdiction of the U.S. state of South Carolina. It consists of a civil division and a criminal division.

The South Carolina Bar is the integrated (mandatory) bar association of the U.S. state of South Carolina.

<span class="mw-page-title-main">South Carolina government and politics</span>

South Carolina government and politics covers the three different branches of government, as well as the state constitution, law enforcement agencies, federal representation, state finances, and state taxes. South Carolina is a state in the United States of America and was the eighth admitted to the Union. The state of South Carolina was preceded by the Crown Colony of South Carolina, a constitutional monarchy which was overthrown during the American Revolution. Presently, South Carolina's government is formed as a representative democracy.

The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

Thomas Michael Hruz is an American lawyer and jurist, serving as a judge of the Wisconsin Court of Appeals in the Wausau-based District III. He was appointed in 2014 by former Governor Scott Walker.

References

  1. ↑ S.C. Const. art. V, § 2 Archived 2009-10-14 at the Wayback Machine
  2. 1 2 S.C. Code Ann. § 14-3-10 Archived 2009-08-20 at the Wayback Machine
  3. 1 2 3 Green, Mary (January 27, 2023). "SC legislature delays judicial elections, sparking criticisms of selection process, court representation". WISTV. Retrieved 2023-01-31.
  4. ↑ Brundrett, Rick (2022-01-26). "Judicial panel hiding behind secrecy law | The Nerve". thenerve.org. Retrieved 2023-01-31.
  5. ↑ Harris, Bracey (January 20, 2023). "South Carolina's Supreme Court is likely about to become all-male". NBC News. Retrieved 2023-01-31.
  6. 1 2 Brundrett, Rick (2022-01-26). "Judicial panel hiding behind secrecy law | The Nerve". thenerve.org. Retrieved 2023-01-31.
  7. ↑ S.C. Const. art. V, § 3 Archived 2009-10-14 at the Wayback Machine
  8. ↑ S.C. Code Ann. § 9-8-60(1) Archived 2009-08-20 at the Wayback 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. Retrieved 2023-01-31.
  10. ↑ S.C. Code Ann. § § 14-3-310 to -330 Archived 2009-08-20 at the Wayback Machine
  11. ↑ S.C. Const. art. V, § 4 Archived 2009-10-14 at the Wayback Machine
  12. ↑ S.C. Code Ann. § 40-5-20 Archived 2010-09-21 at the Wayback 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. 1 2 Littlejohn, Bruce Littlejohn'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. Retrieved 2014-01-07.
  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. Retrieved 2014-01-07.
  18. ↑ Monk, John (November 16, 2007). "S.C. Bar to court: Explain actions". The State. Archived from the original on November 18, 2007.
  19. ↑ Brundrett, Rick (December 2, 2007). "Supreme Court not off the hook". The State. Columbia, South Carolina. Archived from the original on December 4, 2007.
  20. ↑ Brundrett, Rick (January 26, 2008). "Toal says fairness drove decision". The State. Archived from the original on January 29, 2008.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.