Bench Bar Committee - June 4, 2003

MEMORANDUM

TO: CHARLESTON COUNTY CIVIL BENCH BAR COMMITTEE

FR: MARK C. JOYE

RE: Meeting Date June 4, 2003

On June 4, 2003, we had our second meeting of this committee for the year. Present were Judge Deadra Jefferson, Judge Markley Dennis, Judge Roger Young, Jay McDonald, Robert Duncan, Don Michel, Julie Armstrong, and myself. We discussed that there is just one more civil term of court in June for Charleston County and that it will be for the week of June 16. Two judges will be hearing cases. The next term of court will not be until August 4, 2003, and people should know that there is a two week date certain trial that is scheduled to begin during that term.

We discussed trying to put on the Charleston County Bar Association website a link to the South Carolina Courts' website that will give an up to date listing of all of the terms of court in counties in the state along with judges assigned. We will look into making sure that this is done.

We also discussed how lawyers sitting in all of the courtrooms in the new courthouse want the capability to log onto the internet, provided there is compatibility with their computer and the high speed internet access system within the courthouse. The instructions for logging on to the internet at the Charleston County Courthouse system are located at www3.charlestoncounty.org.

We also discussed the current pending case load on the Charleston County roster. As it stands now, Charleston County has 69% of its pending cases in common pleas that have been on the docket for 365 days or less. We currently have 480 that are on the docket for the common pleas roster that have been on the Charleston County common pleas roster for more than 18 months. We are working to get that number reduced.

There was also discussion about how disruptive date certain cases were to the rest of the roster. Although it was stated that date certain cases were suitable in certain circumstances, it should be noted that requests for date certain cases are going to be carefully monitored due to the fact that they can have such a negative affect on the rest of the roster should those cases actually not go to trial. Judge Jefferson is in charge of monitoring the requests for date certain cases.

There was a good bit of discussion about the need for a Charleston County medical/legal committee. The much needed purpose is to maintain an open dialog with the medical community regarding cooperating with the bar association in depositions and testimony at trial, as well as participation as jurors in cases. Both doctors and lawyers need to understand the responsibilities and duties of trial work and the medical practice. With open dialog and communication, both sides can cooperate in making sure that medical testimony is obtained without too much interruption with a physician's practice.

The bar was also reminded that Judge Victor Rawl will be presented a portrait at a ceremony in the new courthouse in honor of his retirement on Thursday, June 20, 2003, at 4:30 p.m. in Courtroom 4-C. At this ceremony, Judge Roger Young will also be sworn in as a new circuit judge. Immediately following this ceremony, there will be a reception at the Hibernian Hall. Space is limited for the portrait representation and swearing in, although arrangements are being made for additional seating in other courtrooms via a video feed.

It was also noted that Judge Michael Scarborough will be sworn as the new Charleston County Master in Equity on Thursday, June 26, 2003. The swearing in will take place in the historical courthouse.

Judge Jefferson also wanted to acknowledge and appreciate everyone's hard work in getting their cases prepared for trial. Court administrations around the state, which includes the clerk's office as well as the judges, are being required to do "more with less" due to all of the state court budget cuts.

Everyone was also reminded that we need to make sure that the civil action cover pages, as required by the Chief Justice of the Supreme Court, are required for just about every filing in the clerk's office. Please note that this is in addition to the $25 fee. If you are uncertain about what types of requests require the $25, there is a published opinion that is available at the clerk's office as well as the South Carolina Judicial Court's website detailing which actions warrant the $25. Please note that there is a recent change in this $25 order in which requests for attorney protection no longer require this fee.

Lastly, it was discussed how useful summary jury trials were, and it was encouraged for more lawyers to use this type of procedure for quick and easy resolution of their cases. There may be a seminar or discussion covering the use of summary jury trials, and what type of rules are involved so that more people would become familiar with the use of it as they have been a great assistance in easing the case load for requests for a jury trial.

The meeting was adjourned and the next meeting was set for Tuesday August 5, 2003 at 12:00 in Julie Armstrong's conference room. All are invited to attend. If anyone has any additional issues to address, please contact me at markjoye@joyelawfirm.com