What's New
New Bond Hearing Order of Chief Justice Toal Dated 9-19-07
Bond Procedure 2 9-25-07
posted 09-25-07)
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Continuance of Summary Court Cases
Order Of Chief Justice Toal 8-27-07 (Continuance of Summary Court Cases when arresting officer is on Military Duty)
(posted 08-28-07)
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Act 238 sets terms of not less than two years but not more than four years for municipal judges.
(posted 12-15-04)
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Act 269 sets forth a new procedure for enforcing towing/repair/storage liens.
(posted 11-30-04)
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Physical Security Checklist presented by James D. Bowling at the 2004 SCSCJA convention.
(posted 10-20-04)
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The legislature passed Act 265 earlier this year which makes it unlawful to dispose of certain personal property that is subject to a security interest. This new law will be codified as §36-9-410. You will recall that the former statute dealing with this subject (§36-9-319) was omitted when the Uniform Commercial Code, found in Title 36, was re-written in 2001.
(posted 10-5-04)
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Articles about some recent state court rulings interpreting the Crawford v. Washington decision can be found on this web page of the American Prosecutors Research Institute.
(posted 7-27-04)
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An important decision was handed down by the United States Supreme Court on March 8, 2004, ago concerning the use of out of court statements and the confrontation clause found in the Sixth Amendment to the U.S. Constitution. Everyone needs to review Crawford v. Washington 541 U.S. ____(2004).
(posted 7-2-04)
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(posted 4-29-04)
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(posted 4-15-04)
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New D.U.I. law goes into effect on August 19, 2003
(posted 7-1-03)
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For a good discussion as to what spoken words constitute public disorderly conduct, see City of Landrum v. Sarratt.
(posted 5-22-03)
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We need the help of judges with good memories or who might have old documents that might assist us. We are compiling a list of the judges who have served as officers of our association over the past 32 years. Our records are not complete and we need your help in verifying the information we already have and filling in the blanks where information is lacking. Please click on the link below to view the information we already have. If you see any mistakes or if you can fill in any blanks, please e-mail or call the webmaster.
(posted 5-22-03)
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State v. Adkins, No. 3585: New "failure to testify" jury charge endorsed.
(posted 1-14-03)
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State v. Thompson, No. 3584: Bystander's statement is not inadmissible hearsay when not offered for truth of statement but to explain investigation.
(posted 1-14-03)
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Act 251 Temporary License Plates (partially effective January 1, 2003)
(posted 1-7-03)
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Alabama v. Shelton 122 S.Ct. 1764 (2002)
(posted10-28-02)
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H 3049 provides that unlawful passing of school bus, 1st offense is triable in the summary courts. Also provides that summary court judges may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case. (Signed by Governor on July 20, 2002)
(posted 08-29-02)
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H 4030 provides that magistrates have concurrent, not exclusive, jurisdiction to hear DUS cases. (Signed by Governor on May 20, 2002)
H 4629 would include "ecstasy" as a schedule I controlled substance and provides penalties. (Signed by Governor on May 20, 2002)
H 3905 would authorize the payment of fines, fees, assessments, court cost and surcharges by credit or debit card and would authorize the imposition of a separate fee for the acceptance of payment by credit card. (Signed by Governor on June 3, 2002)
(posted 07-18-02)
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In City of Rock Hill v. Thompson, the South Carolina Supreme Court denied the Attorney General's request to issue a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock Hill Municipal Court, and all lower courts in which the issue may arise, to apply 1998 Acts 434 as corrected by the Code Commissioner and presently enrolled with the Secretary of State, as the law of the State of South Carolina."
(posted 05-2-02)
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H 3107 would give magistrates jurisdiction over interpleader actions arising from real estate contracts for the recovery of earnest money, if the sum claimed does not exceed seven thousand five hundred dollars. (Became law without signature of Governor on March 6, 2002)
H 3403 would amend §56-5-5640 relating to the sale of certain abandoned vehicles by sheriffs or chiefs of police. (Became law without signature of Governor on March 28, 2002)
(posted 03-28-02)
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S 134 provides that the magistrate court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. (Signed by Governor on March 5, 2002)
(posted 03-25-02)
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The controversy concerning simulator tests and two different versions of Act 434 has been put to rest by the South Carolina Supreme Court's ruling in State v. Huntley.
(posted 03-14-02)
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