South Carolina Constitution Article V - Judicial Department
South Carolina Constitution – Article V: Judicial Department
Summary:
Article V of the South Carolina Constitution outlines the structure, powers, selection, and operation of the state's judicial system. It establishes the court hierarchy and governs the roles, terms, and responsibilities of judges and justices.
🔷 Section-by-Section Summary:
§1 – Judicial Power
Judicial power is vested in a unified judicial system consisting of:
Supreme Court
Court of Appeals
Circuit Court
Family Courts
Probate Courts
Magistrates' and Municipal Courts
Other courts as authorized by the General Assembly.
§2 – Supreme Court
Highest court in the state.
Composed of five justices, including a Chief Justice.
Justices serve 10-year terms, elected by the General Assembly.
§3 – Court of Appeals
Intermediate appellate court.
Judges also elected by the General Assembly for 6-year terms.
§4 – Circuit Courts
General jurisdiction trial courts.
Divided into judicial circuits.
Judges serve 6-year terms, elected by the General Assembly.
§5 – Family Court
Handles domestic relations and juvenile matters.
Judges elected for 6-year terms.
§6 – Magistrates and Municipal Judges
Handle minor civil and criminal matters.
Terms and appointment methods are set by law.
§7 – Probate Courts
Deal with wills, estates, and guardianships.
Judges are elected by the public for 4-year terms.
§8 – Retirement and Disability
Sets a mandatory retirement age of 72 for judges.
Provides for suspension or removal due to incapacity or misconduct.
§9 – Qualifications of Judges
Must be U.S. and South Carolina citizens.
Requirements vary by court but often include a set number of years in legal practice.
§10 – Judicial Merit Selection Commission
A 10-member commission screens and nominates candidates for judicial office.
Ensures only qualified candidates go before the legislature for election.
§11 – Discipline and Removal
The Supreme Court may discipline or remove judges for misconduct, subject to procedures.
§12 – Administrative Supervision
The Chief Justice has general administrative authority over the unified judicial system.
✅ Key Takeaways:
Judges in South Carolina are elected by the legislature (not popular vote).
There is a mandatory retirement age.
The structure emphasizes merit-based selection and oversight to maintain integrity in the judiciary.
RELATED Blog
0 comments