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)

14 th 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 (compared to US SC, ) Final say in all state cases Website with more detailsWebsite

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 judgemap 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 websitewebsite

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 SiteSite –Elections: tv ads for judgestv ads for judges Ideal: the Missouri Plan—see MoMo Some improvements –No sitting legislators –Judicial Screening CommitteeJudicial Screening Committee

Comparing State Court Systems Wonderful Website from the American Judicature SocietyWebsite