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Bill 559

                    Current Status

Bill Number:                      559
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  19990303
Primary Sponsor:                  Holland
All Sponsors:                     Holland
Drafted Document Number:          l:\s-jud\bills\holland\jud0023.dhh.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Civil Cases in Circuit and Magistrates 
                                  Courts Study Task Force established


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990303  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

Whereas, according to South Carolina Court Administration, the total number of cases filed in this state's circuit courts has increased from 149,911 in the 1994-95 fiscal year to 173,111 in the 1997-98 fiscal year; and

Whereas, approximately thirty percent of those cases filed from 1994 to 1998 were civil and approximately seventy percent were criminal; and

Whereas, in the 1997-98 fiscal year, 52,748 civil cases were disposed of in circuit courts with an average case age of 273.2 days from the time of filing to the date closed; and

Whereas, in 1996, magistrates courts disposed of 984,191 cases and only 203,431, or approximately twenty-one percent, were civil cases; and

Whereas, Article I, Section 14 of the South Carolina Constitution provides that the "right of trial by jury shall be preserved inviolate" and has been judicially interpreted in Cooper v. Poston, 483 S.E.2d 750 (S.C. Sup. Ct. 1997), as preserving the constitutional right to jury trial as it existed at the time the Constitution of 1868 was adopted and prohibiting the General Assembly from abrogating that right by designating an action as civil and nonjury; and

Whereas, the overwhelming number of criminal cases in circuit courts and magistrates courts combined with limited staffing and options for alternative dispute resolution make it unlikely that a civil litigant, particularly one with a small amount in controversy, will receive a speedy disposition of his claim. Now therefore,

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

SECTION 1. (A) A task force shall be created to study, make recommendations, and report on the statutory and constitutional ramifications of various methods for improving and assuring the speedy disposition of civil cases in circuit courts and magistrates courts.

(B) The task force must consider whether civil cases of $25,000 or less may best be expedited by:

(1) increasing magistrates courts civil jurisdiction to $25,000;

(2) designating at least one magistrate to handle civil cases for each county;

(3) establishing a new uniform system of small claims courts in addition to existing courts;

(4) mandating mediation and arbitration for civil cases with amounts in controversy of $25,000 or less; or

(5) some other method recommended by the task force.

(C) In addition, the task force must consider whether persons appointed, elected, or employed to work in the judicial process at the county courthouses should be part of a single, separate retirement system.

SECTION 2. (A) The task force shall be composed of fourteen members to include:

(1) the Chief Justice of the South Carolina Supreme Court or his designee;

(2) the Director of the State Retirement System or his designee;

(3) one member of the Senate to be appointed by the President Pro Tempore of the Senate;

(4) two members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;

(5) one member of the House of Representatives to be appointed by the Speaker of the House of Representatives;

(6) two members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;

(7) one member appointed by the Chief Justice to represent the circuit courts;

(8) one member appointed by the Chief Justice to represent the clerks of court;

(9) one member jointly appointed by the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee to represent magistrates serving in counties with populations of 100,000 or less;

(10) one member jointly appointed by the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee to represent magistrates serving in counties with populations of more than 100,000;

(11) one member appointed by the President Pro Tempore of the Senate to represent the counties of this State; and

(12) one member appointed by the Speaker of the House of Representatives to represent the counties of this State.

(B) The senior Senator appointed shall call the first meeting of task force members, at which the members shall elect a chairman.

(C) The task force shall submit its report to the General Assembly no later than January 18, 2000, at which time the task force shall be dissolved.

(D) During its deliberations, the task force shall be staffed by such personnel as provided and assigned by the Chairman of the Senate Judiciary Committee from the Senate staff and by the Speaker of the House of Representatives from the House staff.

SECTION 3. This joint resolution takes effect upon approval by the Governor.

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