South Carolina Judicial Department history

The Judiciary Act of 1802 eliminated the separate sessions and instead dictated that there would be one session which started on the first Monday in February.

In 1808, the Legislature established a court of appeals specifically to hear cases in equity.

In response to public criticism, the Legislature created the first Court of Appeals in 1824 and gave it the authority to review decisions from courts of both law and equity.

In 1834, a case was brought before this Court of Appeals that would lead to its ultimate demise, M'Cready v.

The General Assembly responded promptly by abolishing the Court of Appeals in the 1835 Legislative session.

Taney strongly believed in his Dred Scott decision, writing to Franklin Pierce in 1857 that he believed with "abiding confidence that this act of my judicial life will stand the test of time and the sober judgment of the country."

The Legislature finally responded in 1859 with a statute that reestablished the Court of Appeals.

By the time of Taney's death in 1864, he was largely viewed as a villain and the Supreme Court felt the public's trust and respect declining.

In response, they passed the Tenure of Office Act in March of 1867.

In 1873, Congress changed the start of a new term to the second Monday in October.

The fact that the original Justices heard few appeals did not mean that they were not busy. It was not until 1891 that Congress abolished the requirement in the Judiciary Act of 1891.

One notable attempt to increase the number of Associate Justices came from President Franklin D. Roosevelt, who proposed the Judiciary Reorganization Bill of 1937.

In that year, the old Columbia Post Office, which had been purchased by the State in 1966, was reopened as the Supreme Court Building.

On May 15, 1972, the case was argued before the United States Supreme Court; Justices William Rehnquist and Lewis F. Powell, Jr., did not participate in the consideration or decision.

Until 1978, the Court had a formal recess in July and August, though it would reconvene for matters of national significance.

In 1979, the General Assembly passed an Act creating the forerunner to the present day Court of Appeals.

In that Act, the Court was given exclusive appellate jurisdiction of only criminal and family court cases. It was to begin operation on July 1, 1980.

In 1982, questions related to the Court of Appeals were brought before the Supreme Court again in Maner v.

The Judicial Evolution of the Court of Appeals When the Court of Appeals was reestablished in 1983, the Legislature intended it to render final decisions in most cases.

In the November 1984 General Elections, voters approved a constitutional amendment making the South Carolina Court of Appeals a constitutional court.

On July 1, 1985, the South Carolina Court of Appeals became a constitutional court, shielded from political and social influences like those that had destroyed South Carolina's first Court of Appeals.

Despite these obstacles, on October 10, 1988, court was held in the fifth floor courtroom of the Court of Appeals for the very first time.

In 1992, the Supreme Court announced changes that would comport with the original intention for the Court of Appeals and make Supreme Court review totally discretionary.

In 1995, Judge Kaye G. Hearn filled the seat left vacant upon Judge Bell's election to the Supreme Court.