South Carolina Judicial Department
After reviewing the South Carolina and U.S Supreme Court, I have learned that the South Carolina Supreme Court is the highest judicial body. This means that it has the highest appellate authority and the ruling of this judicial body provides clarity to lower courts. Being the highest judicial body, it has an administrative power over the lower courts and state' attorneys (SC Judicial Department, 2013). The South Carolina Supreme Court is made of the chief justice and 4 members of a judicial panel who are selected by the legislature to play the role of voting on cases, drafting opinions, circuit oversight and more. In addition, the Supreme Court has an appellate jurisdiction on cases such as the death penalty, abortions by minors, state utility rates and more (SC Judicial Department, 2013). The South Carolina Constitution states that the Supreme Court candidates must have constitutional qualifications, professional ability, and physical healthy and judicial temperament.
On the other hand, the U.S Supreme Court was established in 1789 and it is the head of the federal court system. Likewise, the U.S Supreme Court has an appellate authority or in other words, it has the power to control the lower courts in making decisions (United States Courts, N.D). The major differences between the two Supreme Courts are that the U.S Supreme Court has nine associate justices. Another difference that I have come across is that judges in the South Carolina Supreme Court are selected by the legislature whereas, in the U.S, justices are selected by the presence. Another point is that the Congress has the power to organize the Supreme Court and alter the number of justices. The Supreme Court has the power of judicial review, issue legal orders protect civil rights and ensure that the changing views do not affect the fundamental values (United States Courts, N.D).
Different trial courts in the South Carolina judicial system
SC Circuit Courts- the Circuit Court covers the general jurisdiction. The courts contain a civil court, a criminal court among other courts. It conducts general trial jurisdiction but its appellate jurisdiction is limited. In other words, it does not hear appeal cases from the Probate Court, Municipal Court, and Magistrate Court (SC Judicial Department, 2013). South Carolina has 16 judicial circuits and each circuit is controlled by one circuit judge. There are other forty-six circuit judges who work together with the sixteen circuit judges.
SC Family Courts- the South Carolina Family Courts was established in 1976 for the purpose of solving matters relating to domestic and family relationship. In general, the Family Court address all cases concerning adoption, divorce, marriage, custody, violation of rights and more (SC Judicial Department, 2013). South Carolina State selects two family court judges who serve for six years to solve the family cases assigned by the Chief Justice.
SC Masters-in-Equity- South Carolina has Master-in-Equity or 21 judges appointed by the governor to hear the cases assigned by the S.C Circuit Court.
SC Magistrate Courts- Magistrate courts in South Carolina play the role of making a legal decision on minor criminal, civil cases, set bail, issue warrants and ensures that there is enough evidence for the trail.
SC Municipal Courts- the Municipal Courts in South Carolina conducts criminal trials but it does not deal with civil disputes.
SC Probate Courts- the Probate Courts in South Carolina address issues concerning wills, marriage licenses, estates, guardianship, ensure that mentally ill people receive the right treatment and ensure equal distribution of the deceased assets (SC Judicial Department, 2013).
South Carolina Circuit Courts
Beaufort- the Beaufort County Courts address matters concerning offenses and violation of state laws and ensure that all citizens receive an impartial justice.
Bluffton- the town of Bluffton has a Municipal Court Department that creates and maintain a safe and secure environment. It ensures that judicial services and court sessions are conducted in a safe environment and resolves misdemeanor violations (SC Judicial Department, 2013).
Hilton Head- the judicial circuit in Hilton Head ensures that citizens submit a letter of intent and a notice of appeal form.
Hampton- in Hampton County, the judicial circuit has the clerk of the court that maintains court records on matters concerning common pleas, family court and more. The clerk of court also provides an administrative support such as child support and researches (SC Judicial Department, 2013).
References
SC Judicial Department. (2013). STATE OF SOUTH CAROLINA JUDICIAL DEPARTMENT. Retrieved from: https://www.scstatehouse.gov/Archives/aar2013/B04.pdf
United States Courts. (N.D). About the Supreme Court. Retrieved from: http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about
