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“Legal proceedings have been initiated" in Probate Court records dispute

web posted March 2, 2007
EDGEFIELD – As EdgefieldDaily.com reported on Monday, the Probate Court requested possession of its records from the County Archives. The Archives turned over records dating back to 1932 that were in its possession Administrator John Pettigrew said. Seventy-Five years is the generally accepted number of years most title searchers trace back. That is a “point of contention” between the Probate Court and the Administrator. In addition, Judge Peeler contends the Archives only released records dating to 1939, a full seven years short of the mandated seventy-five year minimum.

Probate Judge Bobby Peeler demanded the microfilm copies of all Probate Court records dating back to 1785 and the county is refusing to turn them over.

Probate Judge Bobby Peeler said he does not want the original records and that the Archives climate controlled vault is the best facility to house the historical record books. Judge Peeler’s Office said, “Legal proceedings have been initiated by the Probate Court in an effort to retrieve the records.” Mr. Pettigrew confirmed he received a certified letter from the Probate Court but did not reveal its contents.

Administrator Pettigrew said he feels the records are where they need to be, “It’s my contention that the records are in the best place to be accessible to the general public where they are.” When asked if the county is concerned with the microfilmed copies and the originals being kept in the same facility in the event of fire or natural disaster Mr. Pettigrew said the State Archives has copies on microfilm, “for just that reason.”

Judge Peeler said the records are the property of the Probate Court and have never been signed over to the Archives. “Until the records are signed over by me, I’m responsible for them.” Judge Peeler said adding he intends to have his office inventory the records and make an index and then legally sign the records he does not need over to the Archives. Until that is done, he said, he must retain the records by South Carolina law.

Administrator Pettigrew said the Probate Court does not have a microfilm reader in the office and that renders the records unusable to the public. Judge Peeler contends when the Probate Court was moved from the present Administration office building to its new location the reader, which is now housed by the Archives, was not moved and is also property of the Probate Court.

Administrator Pettigrew said that he is looking into whether or not the records need to be turned over, “if in fact the records belong in the Probate Court then that’s where they’ll go,” he said. Until that time, Pettigrew said, he was the one responsible for the archives and no other records would be allowed to leave the office.

Judge Peeler said Administrator Pettigrew has, “no jurisdiction or authority over the records of the Probate Court. The whole thing is silly.” The Probate Court records were placed in the vault for storage when the Probate Court also maintained the Archives. Judge Peeler turned the archives over to the county in 1995 but retained “custodial rights” over the Probate Court records in question.

The Certified letter sent to Administrator Pettigrew gives him fifteen days to hand over the records. According to South Carolina law refusing to return the records is a misdemeanor and can carry a five hundred dollar fine if found guilty, after which the Court of Common Pleas can issue an order for the records to be returned.  

Clerk of Court Shirley Newby said she had no problem gaining possession of her office’s records from the Archives.

 
 

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