South Carolina Summary Court Judges Association, Inc.
To My Fellow Summary Court Judges,
When I was sworn in as a Summary Court Judge in 2007, I did not have a good, concise “go-by” Jury Voir Dire and Jury Instructions for jury trials. I discovered the Summary Court Judges Bench Book also did not have one. Realizing that if I did not have something in front of me I would likely forget some important aspect of the trial, I put one together. I further realized others may want to use this information, particularly new judges who like I did not inherit a “go-by” from our predecessors.
I used many resources, including the Jury Instructions and Charges published by the South Carolina Courts Administration (SCCA) on their Internet site, compiled by Ms. Becky Hunter, Esq., of the SC Supreme Court Staff Attorneys Office, as well as Judge Ralph King Anderson, Jr., South Carolina Requests to Charge – Civil, 2002, and Criminal, 2007. All three of these resources were invaluable in attempting to write these Voir Dire and Jury Instructions crafted for the Summary Court. When writing these Jury Instructions, I attempted to strike a balance between the realization that Summary Court is not Circuit Court and the rights of the parties to due process. I have saved this information in extra large type such that I can read it to the venire or the jury and not lose my place.
Additionally, I have provided the Jury Charges for criminal offenses as well as the corresponding statute, if applicable, and civil Jury Charges that I have had in my Court. Remember, though, each case is unique and the charge, whether civil or criminal, may very well need to be crafted for the specific case. But, these “boilerplate” charges, if you will, are a good starting point. Also, to this I add the “disclaimer” that is with the Jury Instructions and Charges published by the SCCA:
“THESE JURY CHARGES [and Instructions] ARE MERELY SUGGESTIONS. THEY ARE NOT REQUIRED AND HAVE NOT BEEN SANCTIONED OR APPROVED BY THE SOUTH CAROLINA SUPREME COURT.”
Of course, it goes without saying, you are welcome to use the contents and modify them for your specific Court as you see fit. Please let me know if you find anything that can be improved. I welcome any suggestions you think would be beneficial to all of us as well as anything that needs to be corrected. Please use the links below to get where you need to be.
Donald L. Hatcher
Summary Court Judge
Graniteville, Aiken County, SC
803-663-6634
Voir Dire - Jury Selection 4 Jury Trial Instructions - Criminal Jury Trial Instuctions - Civil Jury Trial Charges