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In re Authority of Judge Designated as a Chief Judge

Supreme Court of South Carolina

January 13, 2010

Authority of Judge Designated as a Chief Judge for Administrative Purposes - Circuit Court

          ORDER

          Jean Hoefer Toal Chief Justice.

         The Order dated July 17, 2009 setting forth the authority of circuit judges designated as chief judges for administrative purposes is amended to read as follows:

         Pursuant to the provisions of S. C. CONST. Art. V, §4,

         IT IS ORDERED that the authority of a circuit judge designated as a chief judge for administrative purposes shall include, but not be limited to, the following administrative purposes and acts:

         1. To call, or cause to be called, meetings of the County Bar Association for the purpose of preparing civil and criminal rosters and for such other purposes as he or she shall deem necessary. In any circuit with two chief judges for administrative purposes, each chief judge may call, or cause to be called, these meetings for the court for which he or she has been designated chief judge.

         2. To set jury and nonjury trial rosters and/or dockets for all civil terms of circuit court and to designate which presiding judge shall hear each roster or rosters. In addition, the chief judge for administrative purposes shall set the common pleas jury and nonjury trial roster for those terms to be established during the first month following this six month period.

         To set hearings on bonds, motions, probation revocations and other nonjury general sessions matters and to designate which presiding judge shall hear these matters.

         In any circuit with two chief judges for administrative purposes, each chief judge shall assume responsibility for setting rosters and assigning judges to those rosters for the court for which he or she has been designated chief judge.

         3. To assist the clerk of court in fulfilling his or her responsibility pursuant to S.C. Code Ann. §14-17-210(1976) to assign courtrooms and offices to the presiding circuit and family court judges.

         4. To designate the hours of court for each term of circuit court. In those circuits with two chief judges for administrative purposes, this responsibility shall be assumed by the chief judge for administrative purposes for the court of common pleas.

         5. To direct and supervise the activities of all circuit court secretaries in the circuit to the extent that it does not unreasonably conflict with their other judicial duties. In those circuits with two chief judges for administrative purposes, this responsibility shall be assumed by the chief judge for administrative purposes for the court of common pleas.

         6. To direct the clerks of court and presiding judges to keep and maintain such records as he or she shall direct, upon the approval of the Chief Justice, of the disposition of cases during each term of the circuit court, both civil and criminal. In those circuits with two chief judges for administrative purposes, each chief judge shall assume this responsibility for the court for which he or she has been designated as chief judge.

         7. To grant continuances when requested by counsel for good and sufficient legal cause stated in writing prior to the commencement of any term of circuit court, both civil and criminal. In those circuits with two chief judges for administrative purposes, each chief judge shall assume this responsibility for the court for which he or she has been designated as chief judge.

         8. To resolve any scheduling and other administrative problems which may arise from time to time in conducting concurrent terms of circuit court, both civil and criminal. Because of the large number of jurors summoned during the juror qualification and selection phases of capital cases and other complex or high profile criminal and civil cases, the chief judge, in coordination with the clerk of court, shall make reasonable accommodations by converting other jury terms to non-jury terms in order to eliminate any undue burden on courthouse facilities and staff. In ...


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