Judicial System—real improvement in S.C.!

Bob Botsch

Copyright 2012

How state courts are part of our lives and why they are more important

than federal courts

• Deal with everyday matters: traffic court, divorce, custody, civil suits (27x more than federal)

• Most criminal cases in state courts (85x more than federal courts)

14th Amendment: States provide all persons (not just citizens) due

process of law• Refers to required procedures (How many can you

name?--Here is a partial list)– Timely notice

– Confronting adverse witnesses

– Cross examination

– Presentation of evidence and use only of that evidence

– See reasons for findings

– Impartial judge and jury

– Counsel

– Police procedures

S.C. Court System Before 1973

• No real system at all• Hodge-podge mess that varied from county to

county• No set lines for appeal• No standard names• Special courts created by legislature one at a time• Why?

– A decentralized system kept courts weak!

Unified Court System

• Means set lines of appeal and central administrative control by state Supreme Court

• Constitution amended in 1973 to create uniform system in principle

• Largely put in place despite battles between Sup Ct and legislature over things like Appeals Court

Make-up, Jurisdiction, & Caseload of S.C. Supreme Court

• 5 justices; 10 year staggered terms

• Reviews about 3000 cases; opinions in 250-300 (compared to US SC, 75-100)

• Final say in all state cases

• Website with more details

Structure & Jurisdiction of Lower Courts: 1. Circuit Courts

• Circuit Courts: 175k cases, 70% of them criminal—sit in two ways: – 1) General Session for criminal ($1K + 30 days jail)– 2) Common Pleas for civil (cases above $7.5k)

• 16 circuits (see map), each with a home judge• Judges have 6 year terms, all rotate except home

judge• Assignments made by C.J. of Sup Ct (Jean Toal,

1988-)

Structure & Jurisdiction of Lower Courts: 2) Family Courts

• Family matters (70k cases): e.g. divorce, custody, visitation, alimony, name changes

• Juvenile (< 16) Justice (30k cases): unless serious offense and solicitor asks for trial in Circuit Court

• About 50 judges, 6 year terms• At least 2 for each of 16 judicial circuits • Chief Judge of Family Court chosen by C.J of Sup

Ct to administer

Structure & Jurisdiction of Lower Courts: 3) Probate Courts

• Wills, estates, trusts, involuntary commitments

• Popularly elected in each county for 4 year terms, so 46 judges (remnant of Jacksonian Democracy)

• Larger counties have associate judges appt by elected judge

• Aiken County Probate Court website

Structure & Jurisdiction of Lower Courts: 4) Magistrate and Municipal• Magistrates: >300; handle minor offenses (<$1k

fine/30 days), search warrants, about a million cases/yr

• Governor appts with advice of senator, but really senator appts—all have to have college degree (as of 2005)

• Municipal Courts—about a half million cases, mostly traffic cases in which the bond gets forfeited; same criminal jursidiction as Magistrates, but no civil cases

Structure & Jurisdiction of Lower Courts: 5) Court of Appeals

• Added after much controversy in 1983 to reduce caseload to Sup Ct

• 8 justices + chief—6 year terms• Sit in panels of 3• Hear about 2,500 cases and issue about 900 full

opinions• Covers all appeals from other lower cts, except

some that go directly to Sup Ct, like death penalty

Remaining Major Complaint about S.C. Court System

• Continued leg power, esp in selection • How other states choose?

– Va: the other state like us Site– Elections: tv ads for judges

• Ideal: the Missouri Plan—see Mo • Some improvements

– No sitting legislators– Judicial Screening Committee

Comparing State Court Systems

• Wonderful Website from the American Judicature Society