South Carolina General Assembly

General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998

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       SECTION 30 - B04 - JUDICIAL DEPARTMENT                               PAGE 446

 4         30.1. (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be prohibited.
 5         30.2. (JUD: County Offices For Judges)  Every county shall provide for each circuit and family judge residing therein an office with
 6     all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of Appeals upon
 7     their request.
 8         30.3. (JUD: Commitments to Treatment Facilities)  The appropriation for continued implementation of Article 7, Chapter 17, of Title
 9     44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to commitments,
10     admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse treatment, shall be
11     expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for proposed patients, and related
12     costs arising from the filing, service and copying of legal papers and the transcription of hearings or testimony.  Court appointed private
13     examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South
14     Carolina Association of Probate Judges, the State Court Administrator and the South Carolina Department of Mental Health with the
15     approval of the Attorney General.
16         30.4. (JUD: Judicial Commitment)  Except as otherwise provided in Section 72.6, no money appropriated pursuant to Item VI, Judicial
17     Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor
18     shall such funds be used in payment to any State agency for providing such services by their employees.
19         30.5. (JUD: Judicial Expense Allowance)  Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court
20     Judge shall receive two hundred fifty dollars per month as expense allowance.
21         30.6. (JUD: Special Judge Compensation)  In the payment of funds from "Contractual Services," and "Administrative Fund," that no
22     Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in case of an
23     ongoing trial.
24         30.7. (JUD: Advance Sheet Revenues Deposit)  The Judicial Department must deposit in the General Fund of the State during the
25     current fiscal year, all advance sheet revenues, including any carried forward balance from prior years.
26         30.8. (JUD: BPI/Merit)  Judicial employees shall receive base and average merit pay in the same percentages as such pay are granted
27     to classified state employees.
28         30.9. (JUD: Supreme Court Bar Admissions Carry Forward)  Any funds collected or carried forward from Supreme Court Bar
29     Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended in the current fiscal
30     year for the benefit of the Bar Admissions unit.
31         30.10.   (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be
32     reimbursed in accordance with Section 72.37(J) of this Act.
33         30.11.  (JUD: Court Appointments)  The funds appropriated under "Court Appointment Funding" shall be used to reimburse private
34     attorneys who are appointed by the Family Court to represent guardians ad litem, children, or parents under the provisions of S.C. Code
35     Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 20-7-600 et seq. and 20-7-8705 (4)(a)  et seq.  When private counsel
36     is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per
37     hour.  Reimbursement shall not exceed one thousand seven hundred fifty dollars for any case under which such private attorney is
38     appointed.  Reimbursements in excess of the hourly rate and limit set forth herein is authorized only if the court certifies, in a written order


SECTION 30 - B04 - JUDICIAL DEPARTMENT PAGE 447 1 with specific findings of fact, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure 2 effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services provided were reasonably and 3 necessarily incurred. Priority in monthly payment of reimbursement vouchers must be given to those submitted by private attorneys for 4 cases originating in counties which have a population of 135,000 or less as determined by the most recent US Census report. 5