H 4107 Session 111 (1995-1996)
H 4107 General Bill, By Neilson, J. Hines, M.F. Jaskwhich, Kirsh and
Moody-Lawrence
A Bill to amend Article 1, Chapter 15, Title 14, Code of Laws of South
Carolina, 1976, relating to court stenographers in the Circuit Court, so as to
provide that these court stenographers must be employed by the State Court
Administrator and not the judges of these courts; and to amend Section
20-7-1360, relating to personnel of the Family Court System, so as to provide
that court reporters for the Family Court must be employed by the State Court
Administrator and not the judges of these courts.
04/12/95 House Introduced and read first time HJ-50
04/12/95 House Referred to Committee on Judiciary HJ-50
A BILL
TO AMEND ARTICLE 1, CHAPTER 15, TITLE 14, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT
STENOGRAPHERS IN THE CIRCUIT COURT, SO AS TO
PROVIDE THAT THESE COURT STENOGRAPHERS MUST BE
EMPLOYED BY THE STATE COURT ADMINISTRATOR AND
NOT THE JUDGES OF THESE COURTS; AND TO AMEND
SECTION 20-7-1360, RELATING TO PERSONNEL OF THE
FAMILY COURT SYSTEM, SO AS TO PROVIDE THAT
COURT REPORTERS FOR THE FAMILY COURT MUST BE
EMPLOYED BY THE STATE COURT ADMINISTRATOR AND
NOT THE JUDGES OF THESE COURTS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 1, Chapter 15 of Title 14 of the 1976 Code
is amended to read:
"Article 1
Court Stenographers
Section 14-15-10. There shall be at least one court
stenographer for each judicial circuit of the State, who shall be
appointed by the circuit judge of the respective circuits for a
period not exceeding the term for which the circuit judge making
the appointment was elected, and such court stenographer shall be
subject to removal by the circuit judge making the appointment
employed by the State Court Administrator as provided in this
article. Court stenographers as necessary for the Circuit
Courts of this State must be employed by the court administrators
and not the judges of these courts. The office of court
administration shall establish an annual evaluation system for these
court stenographers which must include input from judges of the
court in which the stenographer is employed and attorneys which
appear before this court.
Section 14-15-15. Notwithstanding any provisions of
law to the contrary, all court reporters employed by the Judicial
Department shall be subject to removal by the judge or the Judicial
Department only for just cause. In the event that a vacancy occurs
in a circuit or family court judgeship, the judge who fills the
vacancy shall not be empowered to replace the court reporter
previously hired by his predecessor. The judge may hire a court
reporter when a vacancy occurs in the court reporter's position.
Section 14-15-20. In all judicial circuits of the State which
have a population of more than one hundred seventy-five thousand
persons, as determined by the latest official United States census,
the resident circuit judge State Court Administrator
may appoint an assistant court stenographer whose duties,
compensation, and term of office shall be the same as
provided for chief stenographers in Sections 14-15-10,
14-15-30, and 14-15-40. Provided, that
However, assistant court stenographers shall be available
for assignment in other judicial circuits to substitute for regular
stenographers who are sick or otherwise incapacitated. The Chief
Justice shall make such assignments.
Section 14-15-30. Every stenographer so appointed,
under the direction of the presiding judge of his circuit, shall
take full stenographic notes of all proceedings including the rulings
and charge of the court in every trial thereat. In case
If the presiding judge or the solicitor, for use in criminal
cases, shall require a transcript of such the
stenographic notes, the stenographer shall furnish the same
written out in full.
Section 14-15-40. The court stenographers shall, in addition to
their salaries, receive such fees for all transcripts furnished
litigants as shall be provided by rule of the Supreme Court.
The court reporters shall furnish a transcript of any case or any part
thereof of the case, after a demand for same has
been made, within such time period as the Supreme Court shall
provide by rule. Any sum so paid by any a
party for the transcript of any a case or any part
thereof of the case shall be considered a necessary
disbursement in the taxation of cost.
Section 14-15-50. The resident circuit judge of the seventh
judicial circuit may appoint some competent stenographer for the
courts of general sessions for the seventh judicial circuit, who shall
receive, in addition to his salary, the fees fixed by law for all
transcripts furnished by him.
When the stenographer of the court of common pleas does not
furnish transcripts as promptly as required by law and otherwise
perform his duties, then the stenographer of the court of general
sessions shall at once perform the duties of the stenographer of the
court of common pleas until the stenographer of the court of
common pleas shall have furnished all transcripts required and the
stenographer of the court of general sessions shall receive the
compensation and the fees of the stenographer of the court of
common pleas while performing the duties as aforesaid.
Section 14-15-6014-15-50. The circuit
judges of this State State Court Administrator may
appoint a special court stenographer to act in the place and
stead of the regular court stenographer in case of the sickness,
absence, or inability to act of the regular court stenographer
at any term or part of a term of either the court of common pleas or
general sessions. Such The stenographer, when
so appointed, shall receive not more than the sum
of seven and one-half dollars per day provided by
law for each day he may be in attendance upon the court. The
presiding judge shall certify the number of days any such
the special stenographer may be engaged in the court as
such, and upon this certificate the Comptroller General
shall draw his warrant upon the State Treasurer for the amount due
such the stenographer for his services and the
said State Treasurer may pay the same.
Section 14-15-7014-15-60. The presiding
judge State Court Administrator at any special term of
the Circuit Court may, when the official stenographer is
performing the duties of his office at a court then being held in
some other county of the circuit, may appoint a
stenographer for such term of the court who shall perform the
duties of the office of court stenographer for such
that term.
Section 14-15-8014-15-70. The stenographer
appointed under the provision of Section 14-15-70
14-15-60 shall receive the same compensation as that
allowed by law to the official stenographer in proportion to the time
of service, to be paid out of the county treasury upon the warrant of
the clerk of the court, approved by the presiding judge
State Court Administrator, and also the usual fees for
copies of testimony and reports of court proceedings to be paid by
the parties ordering the same."
SECTION 2. Section 20-7-1360 C. of the 1976 Code is
amended to read:
"C. The Family Courts shall be courts of record, and each
Family Court Judge shall appoint a court reporter and a
secretary who shall hold office at the pleasure of the judge. A
court reporter for each Family Court Judge shall be employed by
the State Court Administrator in the same manner court
stenographers are employed by the court administration for the
Circuit Courts. The court reporter shall take down and
record the testimony and judge's rulings and charges, and transcribe
such that portion of the proceedings as may be
required. The court reporter and the secretary shall perform such
other duties as the judge may prescribe."
SECTION 3. Court stenographers in the Circuit Court and court
reporters in the Family Court serving in these capacities on the
effective date of this act shall continue to serve at the will and
direction of the State Court Administrator.
SECTION 4. This act takes effect July 1, 1995.
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