South Carolina Court System

The South Carolina state court system is established by Article V, Section 1 of the State Constitution:¹

“The judicial power shall be vested in a unified judicial system, which shall include a Supreme Court, a Court of Appeals, a Circuit Court, and such other courts of uniform jurisdiction as may be provided for by general law.”

Over the years, the General Assembly has established summary courts, Masters in Equity, and Family Court.

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Organization of South Carolina Courts

As shown in Figure 1, the South Carolina court system is arranged in a hierarchy. The trial courts form two levels at the bottom, with the Summary Court level below the Circuit Court level. The South Carolina Court of Appeals is above the trial courts, and the South Carolina Supreme court is the highest court in the state.

There are several divisions within the trial courts. Summary Court is divided among Magistrate Court, Municipal Court, and Probate Court. Magistrate Court is a county-level court that hears both civil and criminal cases. Municipal Courts may be found in many cities and towns across the state: these courts handle only criminal cases. Probate Court is a special type of summary court that deals with estates and other limited matters.

The Circuit Court is divided into two divisions: the Court of Common Pleas, which handles only civil cases, and the criminal Court of General Sessions. Two special courts exist at the same level as the Circuit Court. Family Court hears cases involving domestic relations or crimes committed by minors, while Masters in Equity are special courts that typically handle foreclosures and certain other property-related cases.

All appeals from the trial court level normally go to the South Carolina Court of Appeals. Further appeals may then be heard by the South Carolina Supreme Court. Note that in certain cases, an appeal may skip the South Carolina Court of Appeals and be heard directly by the South Carolina Supreme Court. In addition, the South Carolina Supreme Court has more original jurisdiction than its federal counterpart.

South Carolina Supreme Court

The highest court within the State of South Carolina is the South Carolina Supreme Court, which has both original and appellate jurisdiction. This court consists of five judges: a Chief Justice, and four Associate Justices. All five Justices are elected by the General Assembly and serve 10-year terms.

Appellate jurisdiction within the state is absolute: the South Carolina Supreme Court is the highest court of appeals in the state system. Any further appeals would have to be filed with the federal courts. In South Carolina, certain cases are appealed directly to the South Carolina Supreme Court, skipping the South Carolina Court of Appeals. Notably, all death sentences are automatically appealed directly to the South Carolina Supreme Court.

Title 14, Chapter 3, Section 14-3-310 of the South Carolina Code of Laws provides the South Carolina Supreme Court’s original jurisdiction²:

“The Supreme Court shall have power to issue writs or orders of injunction, mandamus, quo warranto, prohibition, certiorari, habeas corpus and other remedial and original writs.”

In practice, the South Carolina Supreme Court uses its original jurisdiction infrequently. Unusual cases, or cases involving significant public interest, are more likely to be accepted for hearing under original jursidction.³

South Carolina Court of Appeals

As its name implies, the South Carolina Court of Appeals has only appellate jurisdiction. Most appeals from the Circuit Court and Family Court are heard in the South Carolina Court of Appeals, except for those appeals that go directly to the South Carolina Supreme Court.⁴

Circuit Courts

The State of South Carolina is divided into 16 judicial circuits. Each circuit has at least 1 resident judge, who hears cases within that circuit. Another 49 circuit judges rotate among the circuits, hearing additional cases. In this respect, the Circuit Court still lives up to its name: the judges rotate through the courts, “riding the circuits” in a modern sense. At the time of its original founding, Circuit Court judges would have ridden on horseback from courtroom to courtroom, hearing cases throughout the state.

Original jurisdiction for the Circuit Courts includes all cases that arise in the state, although lower-level cases are normally tried in the Summary Courts. Circuit Courts also have limited appellate jurisdiction over summary court cases. Both civil and criminal cases are tried in the Circuit Courts, although the Circuit Court system is formally split into two separate courts: one civil and one criminal.⁴

The civil Circuit Court is the South Carolina Court of Common Pleas. This court is the trial court for disputes over $7,500 in monetary value. Disputes of lower values are generally heard in the Summary Courts.

Criminal cases at the Circuit Court level are handled by the South Carolina Court of General Sessions. This court is the trial court for all felonies and serious misdemeanors in the state, as well as certain types of cases that are limited to the Circuit Court by state statute.

Masters in Equity

South Carolina has special county-level, non-jury trial courts for matters referred from a Circuit Court. These Masters in Equity primarily focus on real estate cases, such as foreclosures. However, it is possible, if unlikely, for the Circuit Court to refer any matter to a Master in Equity. Decisions from Masters in Equity may be appealed to the South Carolina Court of Appeals or, in exceptional cases, directly to the South Carolina Supreme Court.⁴

Family Court

In South Carolina, the Family Court system has original and exclusive jurisdiction for all matters related to domestic relationships. Matters heard before this court include those pertaining to marriage, divorce, separation, alimony, child support, custody, visitation, termination of parental rights, adoption, and name changes. In addition, the Family Court generally has original and exclusive criminal jurisdiction for most crimes where the defendant is under 17 years of age. There are exceptions for traffic, fish, and game violations, which are tried at the Summary Court level. In addition, a Solicitor may petition for removal of a serious felony case (such as robbery or murder) from the Family Court, instead prosecuting the juvenile as an adult in the Circuit Court. Any appeals of cases tried in the Family Court are directed to the South Carolina Court of Appeals, or to the South Carolina Supreme Court in rare circumstances.⁴

Summary Courts

South Carolina has 3 different types of court at the lowest level, which handle minor cases. These courts are collectively called Summary Courts and consist of Magistrate Courts, Municipal Courts, and Probate Courts. In some cases, appeals from these courts may be heard by the Circuit Court having jurisdiction. In other cases, appeals would be made directly to the South Carolina Court of Appeals or, in limited circumstances, directly to the South Carolina Supreme Court.

Magistrate Court

Each of South Carolina’s 46 counties has a county-level Magistrate Court. These courts are staffed by Magistrates, who are appointed by the Governor and confirmed by the South Carolina State Senate for 4-year terms. While many Magistrates are lawyers by profession, this is not actually a requirement for appointment. Each Magistrate must instead acquire a state certification within one year of appointment. Magistrates have original jurisdiction in certain civil and criminal cases.⁴

For civil matters, a Magistrate has jurisdiction over cases where the value of the dispute is no more than $7,500. In some other jurisdictions, this type of small case might be called a “small claim” to be heard in “small claims court.” While South Carolina does not have a separate “small claims” court per se, the Magistrate Court fulfills this role.

Original jurisdiction over criminal matters extends to misdemeanors punishable by fines of no more than $500 and/or jail sentences of no more than 30 days. Magistrates also issue search and arrest warrants, conduct preliminary hearings, and set bail or bond for most criminal cases (except those where state statute requires bond to be set by a Circuit Court judge).

Municipal Courts

Cities, towns, and state-designated special municipalities (Clemson University) may establish their own Summary Courts in South Carolina. These Municipal Courts have original jurisdiction only over criminal cases, and only for misdemeanors punishable by fines of no more than $500 and/or jail sentences of no more than 30 days. As a special case, more serious misdemeanors, with fines up to $5,000 and jail sentences up to 1 year, may be tried in a Municipal Court whenever both the Solicitor and the defendant agree to move the case from the Circuit Court.⁴

Probate Courts

South Carolina Probate Courts are special Summary Courts that have civil jurisdiction over estates, trusts, powers of attorney, guardianships, conservatorships, and settlements under $25,000. These courts also issue marriage licenses and make involuntary commitments to mental health facilities for individuals experiencing severe mental illness and/or chemical dependence.⁴

Notes and References

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