Thursday, June 7, 2007

The Judiciary – Question 3

Question for Warren K, Randy L, Sarah L, and Carsten P. Describe the court system in South Carolina prior to 1973 in terms of how it evolved and problems that it had.

4 comments:

Unknown said...

After the Revolution, the General Assembly took control over the entire judicial branch in South Carolina. They wanted to ensure that no single court would become too powerful so they kept the court systems decentralized and created different courts when needed. There were no set rules for the way courts were to operate so corruption was common. South Carolina’s judicial problem hit its peak in 1971. In 1971, the Institute of Judicial Administration stated that there were several different types of trial courts but there was no district that had them all. In addition to that, there was no set way that appeals were to be handled. The majorities of the different courts overlapped and were inconsistent. Because of all of these reasons, a revised judicial article was proposed that would finally unify the court systems. This article took effect in 1973.

-Sarah Luckey

Warren B. Knightner said...

The General Assembly is in control of the judicial stem of the government in South Carolina. The idea behind it is to ensure that the fact that no single court would become too strong and they established a court system that is not centralized. The Carolina’s judicial problem hit its peak in 1971, in which the Judicial Administration claimed that there were many different types of trial courts but there was not central court to handle all of the cases and or central district that was established to aid in appeals. In 1973 there was a proposal to unite these courts and establish a centralized judicial government for the state of South Carolina.

Warren B. Knightner

Anonymous said...

A lack of uniformity and consistency is probably the best way of putting it. That’s how I would describe the court system we had. It was then in 1971 was when the problems started to be noticeable. The state had all of the courts we need. But the problems was that not all the counties had the all the court systems. Not a single country contained all of they types represented. There was no consistency from county to county. Example from the book would be cases appealed from a municipal court could, in some counties, be taken to the county courts, while in other counties these cases were reviewed by circuit courts. It wasn’t until 1972 when a unified county system was created so there would be consistent legal procedures and uniform avenues of appeal. But it didn’t come into play until 1973.

Randy Lucas

Robert Botsch, USCA Political Science said...

Both Randy and Sarah had the right ideas and said them well. Warren seems close, but his wording is unclear and hard to follow.

Everyone in the class should be careful to make sure that their words are entirely their own and not based on what what someone else has already posted.

In a word, the court system was no system at all -- it was a hodge-podge mess that varied from county to county with no set lines of appeal or even standard names for all the courts that were created one at a time over time.