H*3163(Rat #0045, Act #0019 of 2003)  General Bill, By Delleney and Simrill
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING
 AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO
 MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY STATUTE; AND TO AUTHORIZE THE
 COMMISSION ON INDIGENT DEFENSE TO TRANSFER UNSPENT FUNDS FROM THE PREVIOUS
 FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP THE OFFICE OFFSET
 BUDGET REDUCTIONS. - ratified title

   12/04/02  House  Prefiled
   12/04/02  House  Referred to Committee on Judiciary
   01/14/03  House  Introduced and read first time HJ-67
   01/14/03  House  Referred to Committee on Judiciary HJ-67
   02/12/03  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/13/03  House  Amended HJ-20
   02/13/03  House  Read second time HJ-20
   02/13/03  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   02/14/03  House  Read third time and sent to Senate HJ-3
   02/18/03  Senate Introduced and read first time SJ-7
   02/18/03  Senate Referred to Committee on Judiciary SJ-7
   03/12/03  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   03/13/03  Senate Amended SJ-22
   03/13/03  Senate Read second time SJ-22
   03/18/03  Senate Read third time and returned to House with
                     amendments SJ-12
   03/18/03  Senate Reconsidered SJ-12
   03/26/03  Senate Amended SJ-45
   03/26/03  Senate Read third time and returned to House with
                     amendments SJ-45
   03/27/03         Scrivener's error corrected
   04/01/03  House  Concurred in Senate amendment and enrolled HJ-33
   04/16/03         Ratified R 45
   04/23/03         Became law without Governor's signature
   05/01/03         Copies available
   05/01/03         Effective date 04/23/03
   05/12/03         Act No. 19

(A19, R45, H3163)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY STATUTE; AND TO AUTHORIZE THE COMMISSION ON INDIGENT DEFENSE TO TRANSFER UNSPENT FUNDS FROM THE PREVIOUS FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP THE OFFICE OFFSET BUDGET REDUCTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Prohibit an attorney from being appointed unless the appointment is provided by statute

SECTION    1.    Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-235.    A judge, court, or court official shall not appoint an attorney to represent a party in a civil action unless the authority to make the appointment is provided specifically by statute."

Funds may be transferred

SECTION    2.    Authority is hereby granted to the Commission on Indigent Defense to transfer a sum of up to fifty-three thousand three hundred fifteen dollars ($53,315) from unspent carry-forward funds from the last fiscal year to the Office of Appellate Defense to help the Office of Appellate Defense offset its budget reductions.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2003.

Became law without the signature of the Governor -- 4/23/03.