South Carolina's Judicial System

Superior Essays
South Carolina’s judicial branch of government is notably distinctive when compared to other state’s judicial institutions. South Carolina’s judicial system has drastically evolved over the past fifty years. The state has made great progress in modernizing the structure of its judicial system and its operating procedures in spite of the state’s reputation of being hesitant to change. I believe that South Carolina’s judicial system is one of the better systems in the country because of the progress the state has made restructuring the system and developing a more professionalized and independent judiciary.
South Carolina’s unified judicial system consists of six courts: the Court of Appeals, Circuit Courts, Family Courts, Probate Courts, Magistrate
…show more content…
The Supreme Court consists of one Chief Justice and four associate justices who are elected to serve ten year terms by the General Assembly. South Carolina is one of only nineteen states with a five member Supreme Court. Seven states copy the federal system and twenty-six states have seven justices. (Hays 250). The justices have jurisdiction over other courts and are responsible for promulgating any rules governing case management and the practice of law (Hays 250). The Court of Appeals consists of on Chief Judge and eight associate judges who are elected to six staggered terms by the General Assembly. This court hears the majority of the appeals from the Circuit Courts and Family Courts. The Circuit Court is the state's court of general jurisdiction. It consists of a civil court, the Court of Common Pleas, and a criminal court, the Court of General Sessions. South Carolina is divided into sixteen judicial circuits. The forty-nine Circuit Court judges are elected by the General Assembly to staggered terms of six …show more content…
The S.C. Bar's Judicial Qualifications Committee evaluates all candidates for selection to the S.C. Supreme Court, Court of Appeals, Circuit and Family courts and Administrative Law Judges based on interviews with lawyers (South Carolina Bar). Lawyers who have dealt with the judges are interviewed about each candidate's judicial temperament, character, knowledge of the law and legal skills, etc (South Carolina Bar). These reports are taken into consideration by the General Assembly when re-electing judges (South Carolina Bar). Attorney evaluations motivate judges to rule justly and unbiasedly. Another example of South Carolina professionalizing its judicial system is a recent change of requirements for Magistrate Court judges. Today, Magistrate judges must have a four year degree. In 2005, South Carolina changed the requirements for Magistrate Court judges. They now must have a four year degree. Creating a more professionalized judicial branch lessens the potential for biased judgments and creates a fair court

Related Documents

  • Superior Essays

    In 1895, changes to the South Carolina Constitution required that the Probate Court be dependent on the General Assembly for funding and legal procedures. This was the case in all counties except Charleston where it remained a constitutional court until…

    • 1242 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    One Chief Justice and 6 associate justices are appointed by the Governor, confirmed by the Commission on Judicial Appointments, and confirmed by the public at the next general election. An equity likewise precedes the voters toward the finish of his or her 12-year term. A person must also be a member of the State Bar…

    • 937 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…

    • 1172 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The U.S. Supreme Court is the highest federal court in America. The court consists of The Chief Justice of the U.S. with eight associate judges all nominated by the President of the U.S. They evaluate laws according to and try cases pertaining to the Constitution. The hierarchy under the U.S. Supreme Court is Appellate Courts, Trial Courts, and Federal Courts and boards outside of the Judicial Branch. The Supreme Court rules whether or not it is permitted under the Constitution.…

    • 789 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    It has many courts but its highest court is the Supreme Court. It decides whether something is unconstitutional or constitutional. The Supreme Court is made up of nine justices or judges, eight are associate justices and one is the Chief Justice. The judges are chosen/appointed by the president but they have to be approved by the Senate. The Chief Justice also swears the president into office.…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Small Claims Court Essay

    • 486 Words
    • 2 Pages

    The article of the Small Claims Court was an article that dissected what television shows like Judge Judy does to the general public and beyond. This article focused on juries that were in Manhattan, the District of Columbia and Hackensack, New Jersey. However, it would have been interesting for the article to have polled other cities that were not in the northeast of the United States. I believe that if they would had used more different regions in the study, it could have been more complete and perhaps different, given that the study could have found more detailed, thorough findings. The reason it may be different in other regions in the United States is, since some other people may not have watched shows like Judge Judy or they…

    • 486 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The law regarding wrongful death in South Carolina is contained in the South Caroline Code of Laws (Chapter 51, Article 1). It defines wrongful death as occurring when an individual dies through “the wrongful act, neglect or default of another” and details who can bring wrongful death lawsuits and the nature of damages which can be recovered. What is Wrongful Death? Wrongful death can occur through either the negligence or intentional act of another person.…

    • 463 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    As the nation sees what they want to see, we fail to look at the truth. As the United States becomes an increasingly diverse nation, the lack of Black legal professionals is cause for major concern. The complex look into the obstacles facing African Americans reaching the status of judge will be examined. Furthermore, we will examine the process it takes to become a judge, the education as well as social disparities faced amongst African Americans.…

    • 1256 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    he Supreme Court of the United States is the highest court within the hierarchy of the country’s federal courts. The Court was established in accordance to Article III of the United States Constitution. The Supreme Court consists of nine total members, all of whom are nominated by the President at the time, and approved by the Senate. All nine members of the Supreme Court serve their term for life, only leaving when they retire, resign, or are impeached.…

    • 447 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    All death penalty cases and DNA forensic testing cases have an automatic appeal to the Court of Criminal Appeals. Both courts have “nine justices who serve six-year terms. The judges are elected in the general election”, (Brown, pg. 413). The Supreme Court also have the power to answer any questions regarding state law. The duties of the Supreme Court also handles disciplinary actions of judges and attorneys.…

    • 249 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Dual Court System

    • 218 Words
    • 1 Pages

    The type of court structure we have in the United States is a dual court system. This means that every state has its own judicial system, that’s separate from the federal system, which is the same for every state. The state court includes trial courts of Limited Jurisdiction, Trial Court of General Jurisdiction, Intermediate Courts of Appeals, and the Appellate Court for a last resort. The Federal Court System includes District COurts, Circuit Courts of Appeals, and the Supreme COurt of the United States.…

    • 218 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Finally, the Judicial is made up of courts and judges, which the judges aren’t elected, unlike the president are, but they are decided by the president and will be approved by the senate. From the help of the U.S. Constitution, the U.S. government was divided into three…

    • 379 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    First, a judge has to be nominated by the President (stated in Article II Section 2 in the U.S. Constitution) Obama can replace whomever he wants to (filling in for Justice Scalia) Once the President has nominated a judge, the Senate Judiciary Committee needs to confirm and the President needs to appoint the new judge. Secondly, the Judiciary Committee has a three step process as to confirming a supreme court judge. Firstly, the Committee does an investigation into the judge’s background. Next, the Committee will hold a public hearing in which the judge is questioned and gives testimonies about everything from his or her judicial philosophy to his or her stand on abortion.…

    • 1313 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Judicialselection.us states that the “Merit selection is a way of choosing judges that uses a nonpartisan commission of lawyers and non-lawyers to locate, recruit, investigate, and evaluate applicants for judgeships. The commission then submits the names of the most highly qualified applicants (usually three) to the appointing authority (usually the governor), who must make a final selection from the list (American Judicature Society 2015).” With this method, there is a more effective way that judges with judicial skills and backgrounds are elected. Downside to the Merit selection is that judges do not get the full lifetime judgeship that they would get with a partisan election. But, there are less political influences on the candidates.…

    • 550 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Throughout our history, there has been a concurring question, in which the burden has weighed heavy the shoulders of many citizens. Should Supreme Court judges be elected or appointed? In the process of this debate, a main concern of the overall argument shadows the question that if today’s method of selection is constitutional and publicly acceptable. In order to keep the public content and still have a reliable court system, there are many factors that are taken into place, which is also one of the reasons why the answer to this question has yet to be justified. In addition, there is an equal amount of supporters on either side who each claim their position is the most ethical and reasonable choice.…

    • 2056 Words
    • 9 Pages
    Superior Essays