SC Lawyer, November 2012, #4. A Snapshot of the SouthCarolina Court System.

• Author: By Karen L. Huelson

South Carolina BAR Journal

2012.

SC Lawyer, November 2012, #4.

A Snapshot of the SouthCarolina Court System

South Carolina LawyerNovember 2012A Snapshot of the SouthCarolina Court SystemBy Karen L. HuelsonThe S.C. Constitution provides the state's "judicial power shall be vested in a unified judicial system, which shall include a Supreme Court, a Court of Appeals, a Circuit Court, and such other courts of uniform jurisdiction as may be provided for by general law." S.C. Const. art. V, 1. The following are identified as courts of justice in this state: (1) the Supreme Court; (2) the Court of Appeals; (3) the circuit courts, including (a) a Court of Common Pleas, and (b) a Court of General Sessions; (4) the probate courts; (5) the family courts; (6) magistrates' courts; and (7) municipal courts. S.C. Code Ann. 14-1-70 (Supp. 2011). Individuals running for justice of the Supreme Court, as well as other judgeships filled by election of the General Assembly, must be nominated by the Judicial Merit Selection Commission. S.C. Const. art. V, 27.

I. Supreme Court of S.C.

A. General

The S.C. Appellate Court Rules (SCACR), which were adopted September 1, 1990, specify the procedures for appeals, petitions and motions before the Supreme Court and the Court of Appeals. They also contain rules governing the conduct, discipline, continuing legal education and other obligations of attorneys and judges in South Carolina, as well as the admission of attorneys to the practice of law. Rule 101(a), SCACR (Scope and Title).

B. Justices

The Supreme Court consists of a Chief Justice and four Associate Justices, any three of whom shall constitute a quorum for the transaction of business. The Chief Justice shall preside, and in the Chief Justice's absence, the senior Associate Justice shall preside. In all cases, the concurrence of three of the Justices is necessary for a reversal of the judgment below. S.C. Const. art. V, 2; see also S.C. Code Ann. 14-3-90 (1976) (providing three justices constitute a quorum); S.C. Code Ann. 14-3-360 (1976) (requiring the concurrence of three justices for reversal).

Justices are elected by the S.C. General Assembly for staggered, 10-year terms, so that a term ends every two years. S.C. Const. art. V, 3; S.C. Code Ann. 14-3-10 (1976). The Chief Justice of the Supreme Court is the administrative head of the unified judicial system. S.C. Const. art. V, 4; S.C. Code Ann. 14-1-90

(1976). There is no prohibition on multiple terms, but there is a mandatory retirement age of 72 for state trial and appellate court judges in South Carolina. See S.C. Code Ann. 9-8-40, 9-8-60 (Supp. 2011).

To be eligible for the office of justice of the Supreme Court (or judge of the Court of Appeals or the circuit court), a person must, at the time of election, be a citizen of the United States and this state, have attained the age of 32 years, have been a licensed attorney for at least eight years, and have been a resident of South Carolina for five years next preceding the individual's election. S.C. Const. art. V, 15.

C. Jurisdiction

1. Original jurisdiction and extraordinary writs

The Supreme Court has the power to issue writs or orders of injunction, mandamus, quo warranto, prohibition, certiorari, habeas corpus, and other remedial and original writs. S.C. Const. art. V, 5; S.C. Code Ann. 14-3-310 (1976); see also Rule 245(a), SCACR (providing "[t]he Supreme Court will not entertain matters in its original jurisdiction when the matter can be determined in a lower court in the first instance, without material prejudice to the rights of the parties," but original jurisdiction may be exercised "[i]f the public interest is involved, or if special grounds of emergency or other good reasons exist").

2. Appellate jurisdiction

(a) Direct appeals. The Supreme Court has direct appellate jurisdiction in law and in equity cases. S.C. Const. art. V, 5 ("The Court shall have appellate jurisdiction only in cases of equity, and in such appeals they shall review the findings of fact as well as the law, except in cases where the facts are settled by a jury and the verdict not set aside. The Supreme Court shall constitute a court for the correction of errors at law under such regulations as the General Assembly may prescribe."); see also S.C. Code Ann. 18-9-10 (Supp. 2011) (stating "[a]n appeal may be taken to the Supreme Court or the Court of Appeals in the cases mentioned in sections 14-3-320 and 14-3-330," and "the procedure for taking the appeal is as provided by the S.C. Appellate Court Rules"); S.C. Code Ann. 1-23-390 (Supp. 2011) (specifying Supreme Court review of final judgments of the circuit court and the Court of Appeals in agency matters).

The Supreme Court has exclusive jurisdiction over direct appeals in seven types of cases: (1) a final judgment from the circuit court involving a sentence of death; (2) a final decision of the Public Service Commission setting public utility rates; (3) a final judgment involving a challenge on state or federal grounds to the constitutionality of a state law or county or municipal ordinance, where the constitutional challenge is a principal issue (but where the constitutional issue is not a significant one, the Supreme Court may transfer the case to the Court of Appeals); (4) a final judgment from the circuit court involving general obligation debt or public bonds; (5) a final judgment from the circuit court pertaining to elections and election procedures; (6) orders limiting investigations of state grand juries; and (7) an order of the family court relating to an abortion by a minor. S.C. Code Ann. 14-8-200(b) (Supp. 2011). The Supreme Court "may reverse, affirm, or modify the judgment. . . appealed from in whole or in part and as to any or all of the parties, and the judgment shall be remitted to the court below to be enforced according to law." S.C. Code Ann. 18-9270 (Supp. 2011).

(b) Certiorari. The Supreme Court may also issue writs of certio-rari to review decisions of the Court of Appeals and to review post-conviction relief cases (PCR) ruled upon by the circuit court. See S.C. Code Ann. 14-8-210(a) (Supp. 2011) (stating decisions of the Court of Appeals are "final and not subject to further appeal, except by petition for review or by other exercise of discretionary review by the Supreme Court"); Rule 242(a), SCACR (providing "[t]he Supreme Court, or any two justices thereof, may in its discretion, on motion of any party to the case or on its own motion, issue a writ of certiorari to review a final decision of the Court of Appeals"); see also S.C. Code Ann. 17-27-100 (2003) (allowing a final PCR decision to be reviewed by a writ of cer-tiorari as provided by the S.C. Appellate Court Rules); Rule 243, SCACR (stating a final PCR decision shall be reviewed by the Supreme Court upon the petition of either party for a writ of certiorari, in accordance with the procedure set forth in the rule).

(c) Transfer of cases. The Supreme Court may in its discretion, on motion of any party to the case, on request of the Court of Appeals, or on its own motion, certify a case pending before the Court of Appeals for review by the Supreme Court where the case involves an issue of significant public interest, a legal principle of major importance or where otherwise appropriate. Certification transfers jurisdiction over the case to the Supreme Court for all purposes. S.C. Code Ann. 14-8-210(b) (Supp. 2011); Rule 204(b), SCACR.

(d) Certification of questions of law. Although not before it as a matter of direct appeal, the Supreme Court in its discretion may answer questions of law certified to it by a federal court of the United States or by the highest or intermediate appellate court of another state when requested to do so by the certifying court if there are questions of law of this state which may be determinative of the cause then pending in the certifying court, and it appears to the certifying court that there is no controlling precedent from the Supreme Court. Rule 244(a), SCACR.

3. Rule making authority

"The Supreme Court shall make rules governing the administration of all the courts of the State. Subject to the statutory law, the Supreme Court shall make rules governing the practice and procedure in all such courts." S.C. Const. art. V, 4; see also S.C. Code Ann. 14-3-640 (1976) ("The court may establish and promulgate such rules and regulations as may be necessary to carry into effect the provisions of this article and to facilitate the work of the court."); S.C. Code Ann. 14-8-430 (Supp. 2011) ("Pursuant to the provisions of 14-3-940 and 14-3-950, the Supreme Court may establish and promulgate such rules as may be necessary to carry into effect the provisions of this article and to facilitate the work of the Court of Appeals.").

"All rules governing the administration of all courts of the State shall become effective upon publication of such rules in the Court Register." S.C. Code Ann. 14-3-940(a) (Supp. 2011).

"Rules governing the practice and procedure of all courts of the State shall become effective upon publication in the Court Register and review by the General Assembly pursuant to the provisions of Section 14-3-950." S.C. Code Ann. 14.3.940(b) (Supp. 2011); see also S.C. Const. art. V, 4A ("All rules and amendments to rules governing practice and procedure in all courts of this State promulgated by the Supreme Court must be submitted by the Supreme Court to the Judiciary Committee of each House of the General Assembly during a regular session, but not later than the first day of February during each session. Such rules or amendments shall become effective ninety calendar days after submission unless disapproved by concurrent resolution of the General Assembly, with the concurrence of three-fifths of the members of each House present and voting."); see also S.C. Code Ann. 14-3-950 (Supp. 2011) (codifying the requirements of art. V, 4A).

4. Bar admissions and disciplinary authority

"The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted." S.C. Const. art. V, 4. Disciplinary rules are contained in the S.C. Appellate Court Rules.

See Rule 407, SCACR (The Rules of Professional Conduct); Rule 413, SCACR (The Rules for Lawyer Disciplinary Enforcement); Rule 501, SCACR (The Code of Judicial Conduct); Rule 502, SCACR (The Rules for Judicial Disciplinary Enforcement). The procedures for admission to the practice of law are outlined in Rule 402, SCACR.

D. Appeals

Appeals are to the Supreme Court of the United States by means of its discretionary review.

II. S.C. Court of Appeals

A. General

The S.C. Court of Appeals is the intermediate appellate court for the state and hears most appeals from the circuit court and the family court, with the exception of the seven classes of appeals noted above in Section 11(C)(2) that are exclusively within the jurisdiction of the Supreme Court. Appeals to the Court of Appeals are governed by the S.C. Appellate Court Rules.

B. Judges

The S.C. Constitution provides for a Court of Appeals to consist of a Chief Judge and no fewer than five Associate Judges, the appropriate number to be determined by law. S.C. Const. art. V, 7. South Carolina statutory law provides the Court of Appeals is part of the unified judicial system and shall consist of a Chief Judge and eight Associate Judges. S.C. Code Ann. 14-8-10 (Supp. 2011). Judges are elected by the General Assembly for a term of six years. S.C. Const. art. V, 8; S.C. Code Ann. 14-8-20(a) (Supp. 2011). The qualifications to be a judge are the same as for the justices of the Supreme Court and the judges of the circuit court. S.C. Const. art. V, 15; S.C. Code Ann. 14-8-30 (Supp. 2011).

The Constitution provides the Court of Appeals shall sit in panels and the General Assembly may by statute provide for the court to sit en banc. S.C. Const. art. V, 7. By statute, the Court of Appeals sits in panels of three to hear cases. S.C. Code Ann. 14-8-80(a) (Supp. 2011). On a panel, a quorum consists of three judges, and the concurrence of a majority of the judges is required to reverse a judgment. S.C. Code Ann. 14-8-80(d) (Supp. 2011).

The Court of Appeals may sit en banc to hear cases upon (1) petition filed by a party to a case and granted by six judges of the court, or (2) upon the court's own motion agreed to by six judges of the court. S.C. Code Ann. 14-8-90(a) (Supp. 2011). "A hearing or rehearing en banc is not favored and ordinarily will not be ordered except (1) when consideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance." Rule 219(a), SCACR. When the Court of Appeals sits en banc, six of the judges constitute a quorum and the concurrence of six of the judges is necessary to reverse the judgment on appeal. S.C. Code Ann. 14-8-90(b) (Supp. 2011).

C. Jurisdiction

The Court of Appeals has such jurisdiction as the General Assembly shall prescribe by law, and the decisions of the Supreme Court shall be binding precedent. S.C. Const. art. V, 9. The Court of Appeals sits to hear appeals from the circuit court, the family court, a final decision of an agency, a final decision of an administrative law judge or a final decision of the S.C. Workers' Compensation Commission, and it applies the same scope of review that the Supreme Court would apply in a similar case. S.C. Code Ann. 14-8-200(a) (Supp. 2011); see also S.C. Code Ann. 123-380 (Supp. 2011) (appeals of final agency decisions in contested cases); S.C. Code Ann. 18-9-10 (Supp. 2011) (stating appeals may be taken from the orders enumerated in sections 14-3-320 and 14-3-330 using the procedures outlined in the S.C. Appellate Court Rules); S.C. Code Ann. 42-17-60 (Supp. 2011) (providing, for all injuries on or after July 1, 2007, appeals in workers' compensation cases are to be made to the Court of Appeals; previously they were to the Court of Common Pleas). The jurisdiction of the Court of Appeals does not extend to the seven categories of appeals that must be made directly to the Supreme Court. S.C. Code Ann. 14-8-200(b) (Supp. 2011). Once final, the judgment is remitted to the lower court for enforcement. S.C. Code Ann. 18-9-270 (Supp. 2011) (disposition and remittitur).

The Court of Appeals may also entertain petitions for writs of cer-tiorari in post-conviction relief matters to the extent provided by the Supreme Court by its rules. S.C. Code Ann. 14-8-200(a) (Supp. 2011); see also Rule 243(l), SCACR (stating the Supreme Court may transfer PCR cases to the Court of Appeals and such cases will proceed in the same manner as the Supreme Court would have done under Rule 243 except that a petition for a writ of certiorari may be granted by one judge of a three-judge panel).

D. Appeals

Decisions of a panel of the Court of Appeals and of the court sitting en banc are final and are not subject to further appeal except by petition for a writ of certiorari to the Supreme Court for its discretionary review. S.C. Code Ann. 14-8-210(a) (Supp. 2011). "The Supreme Court, or any two justices thereof, . . . may issue a writ of certiorari to review a final decision of the Court of Appeals." Rule 242(a), SCACR.

When a case is still pending in the Court of Appeals and involves an issue of significant public interest, a legal principle of major importance, or in other appropriate instances, the Supreme Court may in its discretion, on motion of any party to the case, on request by the Court of Appeals or on its own motion certify the case for review by the Supreme Court. S.C. Code Ann. 14-8-210(b) (Supp. 2011).

III. Circuit Court

A. General

The circuit court is the state's general trial court with original jurisdiction in civil and criminal cases. S.C. Const. art. V, 11. It consists of (1) a civil court, called the Court of Common Pleas, and (2) a criminal court, known as the Court of General Sessions.

The S.C. Rules of Civil Procedure (SCRCP) apply in the Court of Common Pleas and they govern the procedure in all South Carolina courts in suits of a civil nature whether cognizable as cases at law or in equity, subject to certain exceptions contained in Rule 81. Rule 1, SCRCP (Scope of Rules). Rule 81 provides the rules shall apply to every trial court of civil jurisdiction within the state and shall apply insofar as practicable in magistrates' courts, probate courts and family courts to the extent they are not inconsistent with the statutes and rules governing those courts. Rule 81, SCRCP. The SCRCP became effective on July 1, 1985. Rule 86, SCRCP.

The S.C. Rules of Criminal Procedure (SCRCrimP) govern proceedings in the Court of General Sessions, and they apply to every trial court of criminal jurisdiction within the state. They apply insofar as practicable in magistrates' courts, municipal courts and family courts to the extent they are not inconsistent with the statutes and the rules governing those courts. Rule 37, SCRCrimP. The SCRCrimP were adopted September 1, 1988. Rule 40, SCRCrimP.

The S.C. Rules of Evidence (SCRE) became effective September 3, 1995. Rule 1103, SCRE. The SCRE generally apply to all civil actions and criminal proceedings and to contempt proceedings, except those in which the court may act summarily. Rule 1101(b), SCRE.

B. Judges

The state has 46 counties that form 16 judicial circuits. S.C. Code Ann. 14-5-610 (Supp. 2011). Circuit court judges are systematically rotated throughout the 16 circuits as directed by the Chief Justice. S.C. Const. art. V, 14. Judges are elected by vote of the General Assembly to a term of six years. S.C. Const. art. V, 13. They must meet the same qualifications as judges of the Supreme Court and the Court of Appeals. S.C. Const. art. V, 15.

C. Jurisdiction

"The Circuit Court shall be a general trial court with original jurisdiction in civil and criminal cases, except those cases in which exclusive jurisdiction shall be given to inferior courts, and shall have such appellate jurisdiction as provided by law." S.C. Const. art. V, 11. The circuit court may punish contempt of authority in any cause or hearing before it by imposition of a fine or imprisonment, at the discretion of the court. S.C. Code Ann. 14-5-320 (1976). The circuit court may also issue writs of habeas corpus. S.C. Const. art. V, 20; S.C. Code Ann. 17-17-30 (2003).

In addition to its general jurisdiction, the circuit court may hear appeals from decisions of the magistrates' court, municipal court, probate court and some boards and other entities. See, e.g., S.C. Code Ann. 5-15-140 (2004) (Municipal Election Commission); S.C. Code Ann. 6-29-820 (Supp. 2011) (Board of Zoning Appeals); S.C. Code Ann. 14-5-340 (1976) (magistrates' court and municipal court); S.C. Code Ann. 62-1-308 (2009) (probate court). As noted above, workers' compensation appeals are no longer directed to the circuit court. S.C. Code Ann. 42-17-60 (Supp. 2011); see S.C. Code Ann. 1-23-380 (Supp. 2011) (directing appeals in most agency matters to the Court of Appeals, rather than the circuit court). Attorney's fee disputes are heard on appeal from the Resolution of Fee Disputes Board of the South Carolina Bar to the circuit court, with no further right of review. Rule 20 of Rule 416, SCACR; Wright v. Dickey, 636 S.E.2d 1 (S.C. Ct. App. 2006).

D. Appeals

Appeals from the circuit court are to the Court of Appeals or the Supreme Court. See generally S.C. Code Ann. 14-3-330 (1976 and Supp. 2011); S.C. Code Ann. 14-8-200 (Supp. 2011). A notice of appeal from an order or judgment of the Court of Common Pleas shall be served on all respondents within 30 days after receipt of written notice of the entry of the order or judgment. Rule 203(b)(1), SCACR. After a plea or trial resulting in conviction or a proceeding resulting in the revocation of probation in the Court of General Sessions, a notice of appeal must be served on all respondents within 10 days after the sentence is imposed; in all other cases, a notice of appeal must be served on all respondents within 10 days after receipt of written notice of entry of the order or judgment. Rule 203(b)(2), SCACR.

IV. Masters-in-Equity

A. General

The equity court is considered a division of the circuit court. S.C. Code Ann. 14-11-15 (Supp. 2011). As part of the unified judicial system, a master-in-equity court exists in each county having a population of at least 130,000; however, nothing prohibits a county or area with a lesser population from having a part-time master-in-equity. S.C. Code Ann. 14-11-10 (Supp. 2011).

B. Masters

Masters-in-equity are appointed by the governor with the advice and consent of the General Assembly to serve a term of six years according to the procedure set forth in Section 2-19-110. S.C. Const. art. V, 26; S.C. Code Ann. 14-11-20 (Supp. 2011). Candidates must meet the same requirements as circuit court judges, may not serve as the probate judge of any county and must be recommended by the Judicial Merit Selection Commission. S.C. Code Ann. 14-11-20 (Supp. 2011).

C. Jurisdiction

Masters-in-equity have jurisdiction in equity matters referred to them by the circuit court. Rule 53(b), SCRCP. Once a matter is referred, the master or special referee shall exercise all the power and authority that a circuit court judge sitting without a jury would have in a similar matter. Rule 53(c), SCRCP.

D. Appeals

Section 14-11-85 governs appeals from final judgments of masters-in-equity and provides as follows: "When some or all of the causes of action in a case are referred to a master-in-equity or special referee, the master or referee shall enter final judgment as to those causes of action, and an appeal from an order or judgment of the master or referee must be to the Supreme Court or the court of appeals as provided by the South Carolina Appellate Court Rules. A matter may not be referred to a master or referee for the purpose of making a report to the circuit court." S.C. Code Ann. 14-11-85 (Supp. 2011); see also Rule 53(e), SCRCP (stating appeals from an order of a magistrate or special referee shall be to the Supreme Court or Court of Appeals); Rule 203(b)(4), SCACR (providing the notice of appeal from an order of a magistrate or special referee shall be served in the same manner as in appeals from the Court of Common Pleas).

V. Family Court

A. General

The family court system was statutorily created by the General Assembly as a court of limited jurisdiction. It began operations effective July 1, 1977, pursuant to legislation passed in 1976. Act No. 690, 1976 S.C. Acts 1859. The number and boundaries of such family courts are the same as for the judicial circuits. S.C. Code Ann. 63-3-10 (2010). The family court is part of the unified judicial system, and it has exclusive jurisdiction over matters involving domestic and family relationships. As a court of limited jurisdiction, its authority is limited to that expressly or by necessary implication conferred by statute. It is a court of equity.

The S.C. Rules of Family Court (SCRFC) are applicable to matters in the family court, and the S.C. Rules of Civil Procedure are also applicable in domestic relations matters to the extent permitted by Rule 81, SCRCP, with certain express exceptions. Rule 2(a), SCRFC. In addition, several rules of the S.C. Rules of Criminal Procedure are applicable in juvenile actions. Rule 2(b), SCRFC. The procedure in all other actions is as provided by statute. Rule 2(c), SCRFC.

B. Judges

Each family court has one or more full-time judges, who are prohibited from otherwise engaging in the practice of law. S.C. Code Ann. 63-3-20 (2010). Judges are elected by the General Assembly for six-year terms. S.C. Code Ann. 63-3-30(B) (2010). They must meet the same qualifications as judges of the Supreme Court, the Court of Appeals and the circuit court. S.C. Code Ann. 63-3-30(A)(1) (2010).

C. Jurisdiction

The family court has exclusive jurisdiction in domestic matters such as divorce, legal separation, custody, visitation rights, termination of parental rights, adoption, support, alimony, division of marital property and name changes. See, e.g., S.C. Code Ann. 20-3-10 (1985) (grounds for divorce); S.C. Code Ann. 20-3-130 (Supp. 2011) (awards of alimony and separate maintenance and support); S.C. Code Ann. 20-3-160 (1976) (care and custody of children); S.C. Code Ann. 20-3-620 (Supp. 2011) (equitable apportionment of marital property); S.C. Code Ann. 20-4-30 (Supp. 2011) (orders for protection from domestic abuse); S.C. Code Ann. 63-3-510 (2010) (exclusive original jurisdiction); S.C. Code Ann. 63-3-530 (2010 Supp. 2011) (jurisdiction in domestic matters); S.C. Code Ann. 63-5-10 (2010) (spousal and child support); S.C. Code Ann. 63-7-710 (2010) (probable cause hearings in cases of emergency protective custody); S.C. Code Ann. 63-7-2520 (2010) (exclusive jurisdiction in proceedings for termination of parental rights); S.C. Code Ann. 63-9-40 (2010) (adoption).

In addition, the family court has exclusive jurisdiction over child abuse and neglect matters, as well as over minors who are charged with having committed a violation of any state or local law or municipal ordinance prior to having become age 17. Whenever the court has acquired jurisdiction of a child under 17 in such matters, jurisdiction shall terminate when the child attains the age of 21 years. S.C. Code Ann. 63-3-510 (2010). However, in certain circumstances, jurisdiction over a case involving a juvenile may be transferred from the family court to the circuit court. S.C. Code Ann. 63-19-1210 (2010); see also State v. Pittman, 373 S.C. 527, 647 S.E.2d 144 (2007) (stating the family court must determine if a transfer is in the best interest of both the child and the community, and citing an eight-factor test approved in Kent v. United States, 383 U.S. 541 (1966), used in making this determination). A crucial distinction between the family court and the Court of General Sessions is that the family court may commit a juvenile to an indefinite period of detention not to exceed the juvenile's 21st birthday, while the Court of General Sessions may impose a sentence of a definite term of years. In re Keith Lamont G., 304 S.C. 456, 405 S.E.2d 404 (1991).

The magistrates' court and the municipal court have concurrent jurisdiction with the family court for the trial of persons under 17 years of age who are charged with traffic violations or violations under Title 50 of the S.C. Code pertaining to fish, game and watercraft when those courts would have jurisdiction of the offense charged if it were committed by an adult. S.C. Code Ann. 63-3-520(A) (2010).

PCR proceedings and habeas corpus actions shall be instituted in the court in which the original action was concluded; however, the family courts shall also have original jurisdiction of habeas corpus actions if the person would otherwise be within the jurisdiction of the family court. S.C. Code Ann. 63-3-640 (2010). A family court judge has the power to issue a writ of habeas corpus to produce any person under the age of 17 in court. S.C. Code Ann. 63-3-650 (2010).

"All cases of children must be dealt with as separate hearings by the court and without a jury." S.C. Code Ann. 63-3-590 (2010). "In any case where the delinquency proceedings may result in commitment to an institution in which the child's freedom is curtailed, the privilege against self-incrimination and the right of cross-examination must be preserved. In all cases where required by law, the child must be accorded all rights enjoyed by adults, and where not required by law the child must be accorded adult rights consistent with the best interests of the child." S.C. Code Ann. 63-3-590 (2010).

Although family court matters are non-jury, the issue of the right to a jury trial has been noted in the context of a contempt matter that arose in the family court. See DiMarco v. DiMarco, 393 S.C. 604, 713 S.E.2d 631 (2011) (stating a jury trial is required for a contempt sentence of more than six months; the matter was remanded to the family court without specifying the appropriate remedy).

D. Appeals

Appeals from the family court are generally to the Court of Appeals or, in limited cases, to the Supreme Court. A notice of appeal shall be served in the same manner as in appeals from the Court of Common Pleas. Rule 203(b)(3), SCACR.

VI. Probate Court

A.General

A probate court is established in each county in this state and is part of the unified judicial system. S.C. Code Ann. 14-23-1010 (Supp. 2011).

The S.C. Rules of Probate Court, effective September 1, 1990, govern proceedings in the court. In addition, the S.C. Rules of Civil Procedure and other rules of procedure set forth in the S.C. Probate Code are applicable. S.C. Code Ann. 62-1-304 (Supp. 2011) (stating a formal proceeding is a civil action as defined in Rule 2, SCRCP); see also S.C. Code Ann. 14-23-280 (1976) (commencement of proceedings); Rule 81, SCRCP (stating the SCRCP "shall apply insofar as practicable in [magistrates'] courts, probate courts, and family courts to the extent they are not inconsistent with the statutes and rules governing those courts").

B. Judges

Probate judges shall be elected to a four-year term by popular vote of the qualified electors in their respective counties. S.C. Code Ann. 62-1-309 (2009); see also S.C. Code Ann. 14-23-1020 (Supp. 2011) (stating probate judges shall be elected to four-year terms as provided by law). A probate judge need not be an attorney. See S.C. Code Ann. 14-23-1040 (Supp. 2011) (providing one must, at the time of election, (1) be 21 years old, (2) be a qualified elector of the county in which one is to be a judge, and (3) have either a four-year bachelor's degree or have four years of experience in a probate judge's office in this state).

C. Jurisdiction

The jurisdiction of the probate court is set forth in S.C. Code Ann. 14-23-1150 (Supp. 2011), which provides a probate judge has authority to issue and record marriage licenses, to perform the duties of the clerk of the Court of Common Pleas in eminent domain cases for the acquisition of rights-of-way by railway or canal companies when the clerk is disqualified, and to determine involuntary commitment cases, as well as to determine the matters described in sections 62-1301 and 62-1-302 of the S.C. Probate Code.

Under section 62-1-302, the probate court generally has exclusive original jurisdiction over all subject matter related to (1) the estates of decedents, including the contest or construction of wills, the determination of heirs and successors of decedents and estates of protected persons; (2) the protection of minors; (3) trusts, inter vivos or testamentary, including the appointment of successor trustees; (4) the issuance of marriage licenses; (5) the performance of the duties of the clerk of the circuit and family courts in certain instances; and (6) the involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction and active pulmonary tuberculosis. S.C. Code Ann. 62-1-302(a) (2009 Supp. 2011); see also S.C. Code Ann. 62-1-301 (2009) (territorial application).

The probate court has concurrent jurisdiction with the circuit court in certain matters. S.C. Code Ann. 62-1-302(b) (2009) (providing concurrent jurisdiction with the circuit court in wrongful death or survival actions, which extends only to the approval of settlements and the allocation of settlement proceeds among parties involved in the estate).

The probate court also has concurrent jurisdiction with the family court in some instances. S.C. Code Ann. 62-1-302(c) (2009) (regarding "issues relating to paternity, common-law marriage, and interpretation of marital agreements in connection with estate, trust, guardianship, and conservatorship actions pending before it").

Removal from the probate court to the circuit court is allowed on motion of a party or by the court in the following matters: "(1) formal proceedings for the probate of wills and for the appointment of general personal representatives; (2) construction of wills; (3) actions to try title; (4) trusts; (5) actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value; and (6) actions concerning gifts made pursuant to the Uniform Gifts to Minors Act, Article 5, Chapter 5, Title 63." S.C. Code Ann. 62-1-302(d) (2009 Supp. 2011).

Subject to section 62-1-302(d)'s provision for removal, the probate court has exclusive jurisdiction over the internal affairs of trusts, S.C. Code Ann. 62-7-201(a) (Supp. 2011), and it has concurrent jurisdiction with the circuit court over the external affairs of trusts, S.C. Code Ann. 62-7-201(c) (2009).

A party has a right to a trial by jury on questions of fact in the probate court. S.C. Code Ann. 62-1-306(a) (2009).

D. Appeals

Appeals from the probate court generally must be made to the circuit court. S.C. Code Ann. 62-1308 (2009). An exception exists for the following: "If the parties not in default consent either in writing or on the record at a hearing in the probate court, a party to a final order, sentence, or decree of a probate court who considers himself injured by it may appeal directly to the Supreme Court, and the procedure for the appeal must be governed by the South Carolina Appellate Court Rules." S.C. Code Ann. 62-1-308(g) (2009); see also Rule 203(b)(5), SCACR ("When a direct appeal is authorized by S.C. Code Ann. 62-1-308(g), the notice of appeal shall be served in the same manner as provided by Rule 203(b)(1)" regarding appeals from the Court of Common Pleas.).

VII. Magistrates' Court

A. General

The magistrates' court essentially functions as a county small claims court. It has jurisdiction in both civil and criminal matters.

The S.C. Rules of Magistrates Court (SCRMA) govern procedure in all civil cases in the magistrates' court. Where no procedure is specified, the court shall proceed in a manner consistent with the statutory law applicable to magistrates and with circuit court practice in similar situations, as long as it is not inconsistent with the SCRMA. Rule 2, SCRMC; see also Rule 81, SCRCP (stating the SCRCP shall apply in magistrates' courts, probate courts and family courts if not inconsistent with governing statutes and rules).

The S.C. Rules of Criminal Procedure (SCRCrimP) apply so far as practicable in magistrates' court to the extent they are not inconsistent with statutes and rules governing the magistrates' court. Rule 37, SCRCrimP.

B. Magistrates

Magistrates are part of the unified judicial system. The governor, with the advice and consent of the Senate, shall appoint magistrates for each county, and the General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. S.C. Const. art. V, 26.

Magistrates' terms are for four years. S.C. Code Ann. 22-1-10(A) ((Supp. 2011). On and after July 1, 2005, to be eligible for an initial appointment as a magistrate an individual must be a citizen of the United States and of this state, have been a resident of this state for at least five years, have attained the age of 21 years, and have received a four-year baccalaureate degree. S.C. Code Ann. 22-1-10(B)(2)(b) (2007). In addition, magistrates must pass certification exams and be recertified every eight years. S.C. Code Ann. 22-1-10(C) (2007). There is no requirement that a magistrate be an attorney.

C.Jurisdiction

1. Civil

Magistrates have concurrent jurisdiction with the circuit court in civil cases for the recovery of money or for a penalty, fine or forfeiture when the amount claimed or in controversy does not exceed $7,500, and over all matters between a landlord and tenant regarding the possession of land under chapters 33 through 41 of Title 27 (which includes the Residential Landlord Tenant Act). S.C. Code Ann. 22-310 (2007).

Jurisdiction also exists when a filed counterclaim does not exceed $7,500, but this limitation does not apply to counterclaims filed in matters between a landlord and tenant regarding the possession of land. S.C. Code Ann. 22-3-10(12) (2007); cf. S.C. Code Ann. 22-3-30 (2007) ("When a counterclaim is filed which if successful would exceed the magistrates' civil jurisdic-tional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.").

Either party to a suit before a magistrate is entitled to a trial by jury. S.C. Code Ann. 22-3-230 (2007).

2. Criminal

Magistrates shall have authority within their respective counties over criminal matters within their jurisdiction. S.C. Code Ann. 22-3-520 (2007). They are responsible for setting bail, conducting preliminary hearings and issuing arrest and search warrants. See S.C. Code Ann. 22-5-10 (2007) (search warrant); S.C. Code Ann. 22-5-110 (Supp. 2010) (arrest warrants); S.C. Code Ann. 22-5-320 (2007) (preliminary hearings); S.C. Code Ann. 22-5510 (Supp. 2011) (bailing persons charged with an offense for which the punishment is not death or life imprisonment; bond hearings).

Magistrates have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of $100 or imprisonment for 30 days, "except cases in which an offense within the jurisdiction of a magistrate is included in the charge of an offense beyond his jurisdiction or when it is permissible to join a charge of an offense within his jurisdiction with one or more of which the magistrate has no jurisdiction. Magistrates have concurrent but not exclusive jurisdiction in the excepted cases." S.C. Code Ann. 22-3-540 (2007).

Magistrates also have jurisdiction over minor offenses that may be subject to the penalties of a fine or forfeiture not exceeding $500 or imprisonment not exceeding 30 days, or both. S.C. Code Ann. 22-3-550(A) (Supp. 2011). They may order restitution in an amount not to exceed $7,500 and may hold a party in contempt for failure to pay restitution as ordered. S.C. Code Ann. 22-3-550(A) (Supp. 2011). However, a magistrate does not have the power to sentence any person to consecutive terms of imprisonment totaling more than 90 days except for certain convictions pertaining to fraudulent checks and shoplifting. S.C. Code Ann. 22-3-550(B) (2007).

Criminal offenses, the penalty for which does not exceed $5,500 or one year imprisonment, or both, may be transferred from the Court of General Sessions. S.C. Code Ann. 22-3-545(A) (2007).

D. Appeals

Appeals from judgments rendered by magistrates' court shall be to the circuit court of the county where the judgment was rendered. Rule 18, SCRMC (civil cases); S.C. Code Ann. 18-7-10 (1976). In addition, "[e]very person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county." S.C. Code Ann. 18-3-10 (Supp. 2011).

VIII. Municipal Court

A. General

"The council of each municipality in this State may, by ordinance, establish a municipal court, which shall be a part of the unified judicial system of this State, for the trial and determination of all cases within its jurisdiction. The ordinance shall provide for the appointment of one or more full-time or part-time judges and the appointment of a clerk." S.C. Code Ann. 14-25-5(a) (Supp. 2011).

B. Judges

Municipal judges are appointed by city council to serve for a term set by the city council, which may not be less than two years nor more than four years. S.C. Code Ann. 14-25-15(A) (Supp. 2011). Municipal judges must pass a certification exam within one year after taking office and must pass a recertification exam every eight years thereafter. S.C. Code Ann. 14-25-15(D) (Supp. 2011). They must also attend continuing legal education hours in criminal law and in subject areas related to their duties as municipal judges. S.C. Code Ann. 14-25-15(G) (Supp. 2011).

A municipal judge is not required to be a resident of the municipality by whom he or she is employed. S.C. Code Ann. 14-25-25 (Supp. 2011). A municipal judge also does not have to be an attorney, but any judge who is an attorney may not practice law in the municipal court for which he or she is appointed. S.C. Code Ann. 14-25-15(F) (Supp. 2011).

C. Jurisdiction

A municipal court has no jurisdiction over civil matters but has jurisdiction over criminal matters as set by statute. Processing municipal violations and traffic offenses comprises a large part of the jurisdiction of the municipal court. See S.C. Code Ann. 14-25-45 (Supp. 2011) ("Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established . . . The court shall have no jurisdiction in civil matters."); S.C. Code Ann. 14-25-65 (Supp. 2011) ("If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed the civil jurisdictional amount of magistrates court provided in Section 22-3-10(2) [$7,500].").

D. Appeals

"Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of Common Pleas of the county in which the trial is held." S.C. Code Ann. 14-25-95 (Supp. 2011).

Conclusion

Additional information about the courts, including the full texts of court rules, forms and opinions of the Supreme Court and the Court of Appeals, may be obtained at the website maintained by the S.C. Judicial Department at www.sccourts.org.