South Carolina Circuit Court

South Carolina Circuit Court. The South Carolina Circuit Court is the state's court of general jurisdiction, handling major civil and criminal cases. Established by the South Carolina Constitution of 1868, it forms the primary trial-level forum for felonies, significant lawsuits, and appeals from lower courts. The court's structure and operations are defined by the South Carolina Code of Laws and overseen by the South Carolina Supreme Court.

Organization and jurisdiction

The court is divided into sixteen judicial circuits, each encompassing one or more of the state's 46 counties. Each circuit is served by at least one resident judge who presides over cases within that geographic boundary. The court exercises original jurisdiction over all felony criminal cases, including those involving capital punishment in South Carolina. In civil matters, it handles cases where the amount in controversy exceeds the monetary limits of the magistrate and municipal courts, such as major tort claims, complex contract disputes, and appeals from the South Carolina Administrative Law Court. The court also has exclusive jurisdiction over matters of equity, including divorces and requests for injunctions. Appeals from final judgments are directed to the South Carolina Court of Appeals, with further review possible by the South Carolina Supreme Court.

Judges and selection

Judges of the South Carolina Circuit Court are selected through a hybrid process involving both the legislative and executive branches. Candidates are screened and nominated by the South Carolina Judicial Merit Selection Commission, a body composed of members from the South Carolina General Assembly and appointees of the Governor of South Carolina. The commission submits three names to the South Carolina General Assembly, which then elects a judge by a majority vote in a joint session. Circuit judges serve six-year terms and must be reelected by the South Carolina General Assembly to retain their seats. This system, unique to South Carolina, differs from the federal model for appointing United States district court judges. The chief administrative judge for each circuit is designated by the Chief Justice of the South Carolina Supreme Court.

Court procedures

Proceedings in the Circuit Court follow the South Carolina Rules of Civil Procedure and the South Carolina Rules of Criminal Procedure. Major criminal cases, such as those for murder or armed robbery, begin with a formal indictment issued by a grand jury convened in the county where the crime occurred. Trials are typically conducted before a petit jury, with the right to a jury trial guaranteed by both the United States Constitution and the South Carolina Constitution. In civil trials, parties may request a jury or opt for a bench trial before a single judge. The court also conducts preliminary hearings, handles plea bargain negotiations, and oversees probation and sentencing. Specialized proceedings, such as those involving the death penalty, are governed by additional statutory protocols and appellate review.

History

The modern Circuit Court system was created by the Reconstruction-era South Carolina Constitution of 1868, which reorganized the state's judiciary. It replaced an earlier system of courts that had operated since the colonial period under the Province of South Carolina. Significant reforms occurred in the 20th century, including the establishment of the South Carolina Court of Appeals in 1983 to relieve the appellate caseload of the South Carolina Supreme Court. The judicial selection process was fundamentally altered by the passage of the Judicial Merit Selection Commission Act in 1996. Throughout its history, the court has been the venue for landmark rulings on issues ranging from segregation to legislative apportionment, reflecting the state's complex social and political evolution.

Notable cases

The South Carolina Circuit Court has been the setting for numerous significant trials. In the early 20th century, the court presided over cases stemming from labor disputes in the textile mills of the Piedmont region. The court was involved in litigation following the Orangeburg massacre in 1968. More recently, it handled the high-profile criminal prosecution of Michael Slager, a North Charleston police officer. In the civil realm, the court has adjudicated major lawsuits involving environmental contamination, such as those related to the Savannah River Site, and complex business litigation between corporations like Boeing and BMW, which have major manufacturing facilities in the state. Its rulings on the constitutionality of state laws are often reviewed by the South Carolina Supreme Court.

Category:Courts in South Carolina