Question for DeQuawn S, Matt S, Courtney T, and Erica W. What is a “unified court system,” how did it come about in
Thursday, June 7, 2007
The Judiciary – Question 4
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- Robert Botsch, USCA Political Science
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4 comments:
A “unified court system” is a system that has consistent legal procedures and the appeals procedure would be the same. In 1973 is when the article was passed to allow this system to be put in place, however, this did not immediately take place. There has not been much of a change in the judicial-legislative battle to this day, the judicial is still fighting for the independence away from the legislative branch. This idea came about because a small group of legislators thought the idea laid before them by Judge Pound. Pound had several ideas for organizing court standards. The voters approved of this article and passed to include it in the state’s constitution.
Matt Spivey
From the revision of judicial article V, a unified court system was created. A unified court system has consistent legal procedures and uniform avenues of appeals. The article was revised in 1972 and did not take effect until 1973. There has been not much progress and the efforts are still going for today. There is also a dichotomy between the state Supreme Court and the General Assembly. Some of the efforts that were making progress and ceased due to the fight between the legislature and judicial relations in 1979. They both still continue to one up the other which attributes to why no progress has been made and there is no real unity in the court systems.
Erica Wilson Armour
Both Erica and Matt S are right about what a unified court system is: set lines of appeal and also with central administrative control by the Supreme Court.
However, both were wrong about progress. We have made a great deal of progress (gosh, that is nice to be able to say in this state!), even though there are areas where the progress is incomplete. We do have set lines for appeal and the courts are uniform across all counties. And for the most part the Supreme Court administers the lower courts, doing things like assigning judges, though occasionally the legislature does come into conflict with the courts, as it did in creating the new appeals court back in the 1980s. But that battle is mostly over and the Supreme Court pretty much won the battle.
The major outstanding question today is over the appointment process, which the legislature controls. That is a later question.
A unified court system is a system with consistent legal procedures and uniform avenues of appeal. The system came about in SC largely after the efforts of a small group of progressive legislators. A revised judicial article (Article V) of the state constitution was approved by the voters in 1972. The article did not immediately transform the state's courts. The intentions were broad regarding the structure of the unified court system. Reform issues continue today. Change has involved bitter disagreements between the state supreme court and the General Assembly.
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