A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-23-1040, RELATING TO THE QUALIFICATIONS OF PROBATE JUDGES TO HOLD THE OFFICE, SO AS TO REVISE THE QUALIFICATIONS AND PROVIDE THAT NO PERSON IS ELIGIBLE TO THE HOLD THE OFFICE OF PROBATE JUDGE WHO IS NOT A LICENSED ATTORNEY IN GOOD STANDING OR WHO HAS TEN YEARS' EXPERIENCE AS AN EMPLOYEE IN A PROBATE JUDGE'S OFFICE; AND BY AMENDING SECTION 14-23-1100, RELATING TO THE DUTIES OF CLERKS OF THE PROBATE COURTS, SO AS TO PROVIDE A CONTINUING EDUCATION REQUIREMENT FOR CLERKS OF THE PROBATE COURTS.

 

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

 

SECTION 1.  Section 14-23-1040 of the S.C. Code is amended to read:

 

    Section 14-23-1040.  No person is eligible to hold the office of judge of probate who is not at the time of his election:

    (1) is not a citizen of the United States and of this State,;

    (2) has not attained the age of twenty-one years upon his election,;

    (3) has not become a qualified elector of the county in which he is to be a judge,; and

    (4) has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must haveis not a licensed attorney in good standing in this State or has fourten years' experience as an employee in a probate judge's office in this State.

 

SECTION 2.  Section 14-23-1100 of the S.C. Code is amended to read:

 

    Section 14-23-1100.  (A) The clerk shall keep a true and fair record of each order, sentence, decree and license issued by the court, and of all other things proper to be recorded. He shall also give true and attested copies of instruments, documents and records of the court. He may execute and issue in the name of the judge of probate the following: certificates of the appointment and qualification of administrators, executors, guardians, committees and testamentary trustees; certifications pertaining to, and certified copies of wills, all probate court records, and statements or stipulations pertaining thereto; warrants of appraisements in decedents' estates including appointment of appraisers; and marriage licenses. He shall provide for the publication of the citation required by law prior to the appointment of an administrator, and for the issuance and filing in the office of the clerk of the court of common pleas or of the register of mesne conveyance and the office of the county auditor the index forms required by law pertaining to the devise or descent of real property. He shall prepare and execute all forms necessary to obtain payment of insurance benefits in connection with intestate estate being administered by the probate court as provided by law. He may examine, vouch, and approve uncontested accountings, and may execute and submit requisitions and claim warrants for supplies and material needed for the operation of the court. He may take acknowledgments and administer oaths, and, subject to the control of the judge, may issue notices and make all necessary orders for the hearing of any matter to be heard in the court. If a matter is not contested, he may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to the same being set aside or modified by the judge at any time within thirty days thereafter; and if not so set aside or modified such orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge. No person shall practice as an attorney or counselor at law in the court of which he is clerk.

    (B) Each clerk shall complete six hours of mandatory continuing education specific to the probate court by December thirty-first each year.

    (C) Nothing in this section may be construed to preclude use of a computer system or related equipment by a clerk of court in performance of the duties prescribed in this section.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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