South Carolina General Assembly
117th Session, 2007-2008

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Bill 3116


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE COURT APPOINTMENT DEFERRAL FUND TO BE MAINTAINED BY THE SUPREME COURT IN ACCORDANCE WITH THE PROCEDURE FOR SUBMISSION OF RULES GOVERNING PRACTICE AND PROCEDURE.

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

SECTION    1.    Chapter 3, Title 14 of the 1976 Code is amended by adding:

"Article 11

Court Appointment Deferral Fund

Section 14-3-1110.    (A)    There is established the Court Appointment Deferral Fund to be maintained by the Supreme Court, in its discretion, for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee established by the Supreme Court.

(B)    The Supreme Court shall promulgate rules in accordance with the provisions of Section 14-3-950 including, but not limited to, the establishment of:

(1)    an appropriate fee or fee schedule for a one-year exemption from appointment which may be not less than one thousand dollars and may be adjusted on a yearly basis for inflation or as the Supreme Court deems necessary on an ongoing basis;

(2)    a one-year time frame for which all exemptions would be subject; and

(3)    guidelines for the use of the fees collected for the defense of indigent persons."

SECTION    2.    This act takes effect upon approval by the Governor.

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