H*2335 Session 105 (1983-1984)
H*2335(Rat #0161, Act #0090 of 1983) General Bill, By House Judiciary
Similar(H 2153)
A Bill to amend Chapter 8 of Title 14, as amended, Code of Laws of South
Carolina, 1976, relating to the Court of Appeals, so as to provide for a
permanent Court of Appeals with appellate jurisdiction of questions of law and
equity arising in the Circuit Court and the Family Court except in five
classes of cases; to provide that the Court of Appeals shall consist of a
Chief Judge and five Associate Judges; to provide that the Chief Judge shall
preside and in his absence the Senior Associate Judge; to provide that the
Court of Appeals shall sit in panels and may sit en banc; to provide that the
members of the Court of Appeals shall be elected by a joint public vote of the
General Assembly for a term of six years; to provide that in any contested
election for a position on the Court of Appeals, the vote of each member of
the General Assembly present and voting shall be recorded; to provide that the
Judges of the Court of Appeals shall appoint a Clerk of Court for the Court of
Appeals; to provide that the Judges of the Court of Appeals shall receive
compensation to be determined by law; to provide for the filling of vacancies
on the Court of Appeals by election or, if the unexpired term does not exceed
one year, by executive appointment; to provide that the Judges of the Court of
Appeals shall have the same power to issue prerogative writs at chambers as in
open court; to provide that in certain Family Court cases the concurrence in
the facts by the Family Court Judge and a panel of the Court or the Court
sitting en banc shall be determinative of the facts of the case throughout the
remainder of the case; to provide for the manner in which cases shall be
reviewed either by the Supreme Court or the Court of Appeals; to provide for
the manner in which briefs, motions, and other materials shall be filed for
the purpose of determining the assignment of cases; to provide that each seat
on the Court of Appeals shall be numbered and candidates shall be required to
file for a specific seat; to provide the conditions under which cases may be
certified to the Supreme Court by the Court of Appeals; to provide for the
publication of the decisions of the Court of Appeals; to provide for certain
other procedural and administrative matters of the Court of Appeals; and to
provide that this Act shall take effect on July 1, 1985, if the Constitution
of this State has been amended prior to such date so as to establish a Court
of Appeals.-amended title
01/27/83 House Introduced, read first time, placed on calendar
without reference HJ-549
02/03/83 House Debate adjourned HJ-656
02/03/83 House Special order, set for imm. foll. disposition of
H-2330 (under H-2430) HJ-666
02/24/83 House Amended HJ-1186
02/24/83 House Read second time HJ-1190
03/01/83 House Read third time and sent to Senate HJ-1218
03/01/83 Senate Introduced and read first time SJ-571
03/01/83 Senate Referred to Committee on Judiciary SJ-572
05/18/83 Senate Committee report: Favorable with amendment
Judiciary SJ-1388
05/19/83 Senate Read second time SJ-1409
05/19/83 Senate Ordered to third reading with notice of
amendments SJ-1409
05/19/83 Senate Special order, set for Wednesday, May 25 at 12:00
SJ-1409
05/25/83 Senate Amended SJ-1488
05/25/83 Senate Read third time SJ-1490
05/25/83 Senate Returned SJ-1490
06/01/83 House Concurred in Senate amendment and enrolled HJ-3387
06/02/83 Ratified R 161
06/02/83 Signed By Governor
06/02/83 Effective date 07/01/85
06/02/83 Act No. 90
06/13/83 Copies available
(A90, R161, H2335)
AN ACT TO AMEND CHAPTER 8 OF TITLE 14, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR A
PERMANENT COURT OF APPEALS WITH APPELLATE JURISDICTION OF QUESTIONS OF LAW
AND EQUITY ARISING IN THE CIRCUIT COURT AND THE FAMILY COURT EXCEPT IN FIVE
CLASSES OF CASES; TO PROVIDE THAT THE COURT OF APPEALS SHALL CONSIST OF A CHIEF
JUDGE
AND FIVE ASSOCIATE JUDGES; TO PROVIDE THAT THE CHIEF JUDGE SHALL PRESIDE AND
IN HIS ABSENCE THE SENIOR ASSOCIATE JUDGE; TO PROVIDE THAT THE COURT OF APPEALS
SHALL SIT IN PANELS AND MAY SIT EN BANC; TO PROVIDE THAT THE MEMBERS OF THE
COURT OF APPEALS SHALL BE ELECTED BY A JOINT PUBLIC VOTE OF THE GENERAL
ASSEMBLY FOR A TERM OF SIX YEARS; TO PROVIDE THAT IN ANY CONTESTED ELECTION
FOR A POSITION ON THE COURT OF APPEALS, THE VOTE OF EACH MEMBER OF THE
GENERAL ASSEMBLY PRESENT AND VOTING SHALL BE RECORDED; TO PROVIDE THAT THE
JUDGES OF THE COURT OF APPEALS SHALL APPOINT A CLERK OF COURT FOR THE COURT
OF APPEALS; TO PROVIDE THAT THE JUDGES OF THE COURT OF APPEALS SHALL RECEIVE
COMPENSATION TO BE DETERMINED BY LAW; TO PROVIDE FOR THE FILLING OF
VACANCIES ON THE COURT OF APPEALS BY ELECTION OR, IF THE UNEXPIRED TERM DOES
NOT EXCEED ONE YEAR, BY EXECUTIVE APPOINTMENT; TO PROVIDE THAT THE JUDGES OF
THE COURT OF APPEALS SHALL HAVE THE SAME POWER TO ISSUE PREROGATIVE WRITS AT
CHAMBERS AS IN OPEN COURT; TO PROVIDE THAT IN CERTAIN FAMILY COURT CASES THE
CONCURRENCE IN THE FACTS BY THE FAMILY COURT JUDGE AND A PANEL OF THE COURT
OR THE COURT SITTING EN BANC SHALL BE DETERMINATIVE OF THE FACTS OF THE CASE
THROUGHOUT THE REMAINDER OF THE CASE; TO PROVIDE FOR THE MANNER IN WHICH
CASES SHALL BE REVIEWED EITHER BY THE SUPREME COURT OR THE COURT OF APPEALS;
TO PROVIDE FOR THE MANNER IN WHICH BRIEFS, MOTIONS, AND OTHER MATERIALS SHALL
BE FILED FOR THE PURPOSE OF DETERMINING THE ASSIGNMENT OF CASES; TO PROVIDE
THAT EACH SEAT ON THE COURT OF APPEALS SHALL BE NUMBERED AND CANDIDATES
SHALL BE REQUIRED TO FILE FOR A SPECIFIC SEAT; TO PROVIDE THE CONDITIONS UNDER
WHICH CASES MAY BE CERTIFIED TO THE SUPREME COURT BY THE COURT OF APPEALS;
TO PROVIDE FOR THE PUBLICATION OF THE DECISIONS OF THE COURT OF APPEALS; TO
PROVIDE FOR CERTAIN OTHER PROCEDURAL AND ADMINISTRATIVE MATTERS OF THE
COURT OF APPEALS; AND TO PROVIDE THAT THIS ACT SHALL TAKE EFFECT ON JULY 1, 1985,
IF THE CONSTITUTION OF THIS STATE HAS BEEN AMENDED PRIOR TO SUCH DATE SO AS TO
ESTABLISH A COURT OF APPEALS.
Be it enacted by the General Assembly of the State of South Carolina:
Court of Appeals
SECTION 1. Chapter 8 of Title 14 of the 1976 Code is amended to read:
"CHAPTER 8
COURT OF APPEALS
ARTICLE 1
COMPOSITION, ORGANIZATION AND EMPLOYEES
Section 14-8-10. There is hereby created the Court of Appeals (the Court), which shall be a part of the
unified judicial system. The Court shall consist of a Chief Judge and five associate judges.
Section 14-8-20. (a) The members of the Court shall be elected by joint public vote of the General
Assembly for a term of six years and until their successors are elected and qualify; provided, however, that
of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for
terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and
the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The terms of office of the
judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority
to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such
other matters as may be necessary to effect full implementation of the Court for operation by such date.
(b) Each seat on the Court shall be numbered. Candidates shall be required to file for a specific seat. Seat
five shall be designated as the office of Chief Judge and shall be a separate and distinct office for the purpose
of an election.
(c) In any contested election, the vote of each member of the General Assembly present and voting shall
be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing
the members of the Court.
Section 14-8-30. No person shall be eligible for the office of Chief Judge or associate judge of the Court
who does not at the time of his election or appointment meet the qualifications for justices and judges as set
forth in Article V of the Constitution of this State.
Section 14-8-40. The judges of the Court shall qualify within twelve months after the date of their election
by taking the constitutional oath or the office shall be declared vacant by the Governor. The oath shall be
administered by a justice of the Supreme Court, a judge of the Court of Appeals, or by a circuit court judge.
Section 14-8-50. The Chief Judge and the associate judges shall receive such annual salary as may be
provided by the General Assembly. They shall not be allowed any fees or perquisites of office, nor shall they
hold any other office of honor, trust or profit.
Section 14-8-60. All vacancies in the Court shall be filled in the manner of original election; provided, that
if the unexpired term does not exceed one year such vacancy may be filled by executive appointment. When
a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor.
Section 14-8-70. In addition to the prohibitions of Section 14-1-130, no judge shall sit in any case in which
he may be interested or in which he may have been counsel or has presided in any inferior court.
Section 14-8-80. (a) The Court shall sit in two panels of three judges each. However, nothing herein shall
be construed to prevent the Court from sitting as a whole.
(b) The Chief Judge shall be responsible for the administration of the Court, subject to the provisions of
Article V, Section 4 of the Constitution of this State. The Chief Judge shall assign the members of the panels
and shall systematically rotate and interchange the members of the panels in accordance with rules
promulgated by the Supreme Court. The Chief Judge shall preside over the panel of which he is a member
and in his absence the judge senior in service and present shall preside. The judge senior in service and
present on the other panel shall preside over the other panel. For the five associate judges whose terms begin
on July 1, 1985, the determination of their length of service shall be based on their order of election, with the
associate judge who is elected first being the associate judge senior in service; provided, however, that
seniority among the judges on an interim Court of Appeals shall continue on the permanent Court of Appeals
established by the provisions of this chapter and service on that Court shall be included in determining the
length of service on the Court herein established.
(c) Cases shall be distributed between the two panels by the Chief Judge in accordance with rules
promulgated by the Supreme Court; provided, that the Chief Judge may transfer cases from one panel to the
other in order to maintain approximately equal caseloads for the two panels.
(d) On a panel, three judges shall constitute a quorum, and the concurrence of a majority of the judges shall
be necessary for the reversal of the judgment below.
Section 14-8-90. The Court may sit en banc to hear cases that have not been heard by a panel:
(a) upon petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition
is granted by four judges of the Court; or
(b) upon its own motion agreed to by four judges of the Court.
When the Court shall sit en banc, four of the judges shall constitute a quorum and a concurrence of four of
the judges shall be necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his
absence the judge senior in service and present shall preside.
Section 14-8-100. The Supreme Court reporter shall report the opinions and decisions of the Court of
Appeals in all respects as he is now or hereafter may be required by law to report the decisions and opinions
of the Supreme Court. An assistant reporter for the Court of Appeals may be appointed by the judges of such
Court to aid the reporter in his duties.
Section 14-8-110. The Clerk of the Supreme Court, in a manner prescribed by the Supreme Court, shall be
responsible for the custody and keeping of the record of the court. A clerk of the Court of Appeals shall be
appointed by the judges of the Court to aid the clerk of the Supreme Court in the performance of these duties.
Section 14-8-120. Editing, publishing and distributing of the opinions and decisions of the Court shall be
done in accordance with the procedures followed by the Supreme Court with respect to the editing, publishing
and distributing of its opinions and decisions.
Section 14-8-130. The Court of Appeals may require the sheriff of each county to whom any order or
process issuing from such court may be directed to serve and execute such order or process and shall have
the same power to enforce such service and execution and punish default thereon as is vested in circuit courts
on processes issuing therefrom.
ARTICLE III
JURISDICTION, DUTIES AND PROCEDURE
Section 14-8-200. (a) The jurisdiction of the Court shall be appellate only and shall extend, except as
provided in subsection (b) of this section, to all questions of law and equity arising in the course of
proceedings of the Circuit Court and the Family Court, and such jurisdiction shall be subject to the provisions
of Section 14-8-260. In cases which arise out of the Family Court, except those dealing with juvenile
misconduct, a concurrence in the facts by the family court judge and a panel of the Court or by the Court
sitting en banc shall be determinative of the facts of the case throughout the remainder of the case.
(b) Jurisdiction of the Court shall not extend to the following class of cases, the appeal from which shall lie
of right directly to the Supreme Court:
(1) any final judgment from the Circuit Court which involves a sentence under Article I, Chapter 3 of Title
16;
(2) any final judgment from the Circuit Court setting public utility rates pursuant to Title 58;
(3) any final judgment involving a challenge on state or federal grounds, to the constitutionality of a state
law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or
ordinance; provided, however, in any case where the Supreme Court finds that the constitutional question
raised is not a significant one, the Supreme Court may refer the case to the Court for final judgment;
(4) any final judgment from the Circuit Court involving the authorization, issuance or proposed issuance
of general obligation debt, revenue, institutional, industrial or hospital bonds of the State, its agencies,
political subdivisions, public service districts, counties and municipalities or any other indebtedness now or
hereafter authorized by Article X of the Constitution of this State;
(5) any final judgment from the Circuit Court pertaining to elections and election procedure.
Section 14-8-210. (a) The decisions of a panel of the Court and of the Court sitting en banc shall be final
and not subject to further appeal, except by petition for review or by other exercise of discretionary review
by the Supreme Court.
(b) In any case in which an appeal has been assigned to the Court of Appeals, the Supreme Court may in
its discretion, on motion of any party to the case, on certification by the Court of Appeals, or on its own
motion, certify the case for review by the Supreme Court before it has been determined by the Court of
Appeals. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court
for all purposes.
(c) The Court may certify to the Supreme Court any case appealed to the Court if it finds that the appealed
case involves an issue of significant public interest or a legal principle of major importance. Certification to
the Supreme Court shall be by a concurrence of at least four members of the Court.
Section 14-8-220. The Court and each of the judges thereof shall have the same power at chambers or in
open court to administer oaths, and to issue such remedial writs as are necessary to give effect to its
jurisdiction. An appeal shall be allowed from decision of any one judge to a panel of the Court.
Section 14-8-230. The Supreme Court shall promulgate rules governing the administration of the Court.
Section 14-8-240. The Court shall be a court of record, and the records thereof shall at all times be subject
to public inspection. Section 14-8-250. In every decision rendered by the Court, every point distinctly stated
in the case which is necessary to the decision of the appeal and fairly arising upon the record of the Court,
shall be stated in writing and shall, with the reason for the Court's decision, be preserved in the record of the
case.
Section 14-8-260. In all cases within the jurisdiction of the Court as provided in this chapter notice of intent
to appeal shall be given to the Supreme Court. Cases, including those filed before the creation of the Court,
shall be either transferred to the Court of Appeals or retained by the Supreme Court. In determining which
cases shall be assigned to the Court of Appeals, it shall require a concurrence of four justices to retain in the
Supreme Court a case not otherwise retained pursuant to Section 14-8-200(b). Both the minutes and the
printed official reports shall show how many and which justices concurred in each assignment and which,
if any, dissented therefrom. The Supreme Court may in its discretion provide by rule for the filing of
motions, briefs, or any other materials for the purpose of its determination of assignment, provided that all
such material shall be transferred to the Court of Appeals wherever applicable to the proceedings in the Court
of Appeals.
ARTICLE V
TERMS, ORDER AND PLACE OF HEARINGS
Section 14-8-400. Subject to the supervision of the Chief Justice of the Supreme Court, the Chief Judge shall
set the terms of court of the Court of Appeals, and the Supreme Court shall by rule prescribe and provide the
order in which cases shall be docketed and heard.
Section 14-8-410. The Court shall sit and maintain its principal offices in the City of Columbia; however,
any hearing panel of the Court may hold court in any county in South Carolina for the purpose of hearing oral
arguments and motions pending in cases before such court."
Time effective
SECTION 2. This act shall take effect on July 1, 1985, if Article V of the Constitution of this State has been
amended prior to such date so as to establish a Court of Appeals. If Article V of the Constitution has not been
so amended, the provisions of this act shall be null and void.
Approved the 7th day of June, 1983. |