EdgefieldDaily.com               "Edgefield County as it Happens"

Featured Sections
Headlines
Opinion

Obituaries
Sports
Crime Blotter
Happenings
Country Cooking
Wandering Minds
Classifieds
Birthdays 
On The Record
Church Listings
Archives

Featured Columns
Pastor Howle
Editor's Column
Registered Sex Offenders for Edgefield County

Contact us
Contact Info
Phone:
803-634-0964 day
803-279-5041 eve
803-279-8943 fax

Mail to
EdgefieldDaily.com
PO Box 972
Edgefield SC
29824


Archived Columns
Carl Langley
Wise Tech Tips
Dr. Skip Myers
School System
EC District Office
School Board
Strom Thurmond

Charter Schools
Fox Creek

Private Schools

Wardlaw Academy

Public Offices
Edgefield County
Edgefield
Johnston
Trenton

Political
State and Federal Legislative Contacts

Local Political Parties
Republican Party
Democrat Party
Rep Women of EC

Chamber of Commerce
Edgefield County Chamber

Historical

Edgefield Genealogical
Society



News links    
The Citizen News
The Jail Report
Aiken Standard

North Augusta Star
The State
Augusta Chronicle
Atlanta  Journal
United Press
Associated Press
FOX News
Reuters
CNS News
WorldNet Daily
Newsmax
Drudge Report
GoogleNews
Yahoo!News
New York Times
New York Post
Los Angeles Times
Washington Times
Washington Post






SC Supreme Court Rules Prosecutors Should Not Control Court Dockets

web posted November 28, 2012

COLUMBIA – A case stemming from the arrest of three men in a Johnston armed robbery has sent shockwaves through the state when the South Carolina Supreme Court ruled that Solicitors controlling the General Sessions Court docket is unconstitutional last Wednesday. The case stems from the armed robbery and kidnapping of a Johnston business owner and his family in 2008 where K. C. Langford lll, Alvin Phillips, and his cousin Bryan Jordon Phillips were charged and convicted in the crime. Langford's Public Defender filed the suit on his behalf.

The defense attorneys had said the law violates the separation of powers by giving judicial responsibility to a prosecutor, or member of the executive branch, thus giving two powers to the Executive Branch rather than the Judicial Branch. The South Carolina Supreme Court agreed.

According to the ruling:
"In the interest of having an accurate record of pending criminal cases statewide, we find the need to address the reconciliation process to confirm the inventory of outstanding General Sessions cases.

Pursuant to the provisions of Article V, §4, of the South Carolina Constitution,
IT IS ORDERED that each Circuit Solicitor shall reconcile all pending General Sessions cases attributable to each county in their circuit with the records maintained by the County Clerks of Court.  The Clerks shall provide to the Solicitors the most recent pending cases report from the County Statistics Self-Audit Portal and shall work with the Solicitors to reconcile the records and ensure that all case dispositions are accurately reported to the S.C. Judicial Department.  The General Sessions records for each county must be reconciled no later than February 4, 2013.  The Solicitors shall notify the Director of Court Administration of compliance with this Order and that the record of pending cases is accurate as of the date of reconciliation.  Thereafter, it is the ongoing responsibility of the Solicitors and Clerks to periodically reconcile General Sessions pending cases.

IT IS FURTHER ORDERED that Clerks of Court shall conduct monthly self-audits utilizing the County Statistics Self-Audit Portal to ensure that the records transmitted to the S.C. Judicial Department are accurate.  Verification of the monthly self-audit will be submitted to Court Administration for the court's review on an ongoing basis."

The action was filed on behalf of Langford and was then joined by other public defenders. Langford is currently serving a 20-year sentence for his part of the armed robbery and kidnapping.

At this time it appears that the Clerks of Court will possibly set the docket for General Session cases as they do in Family Court cases, which speeds the process of cases being heard by a judge.

Related:
Johnston Police arrest three for August armed robbery
September 29, 2008

Additional links to previous reports are listed within the linked report



For all past articles please visit our Archives

© Copyright 2012 All material is property of Edgefield Daily and/or parent company ECL and cannot be reproduced, rewritten or redistributed without expressed written permission.

NOTICE:
We still need recipes for Cooking Section

WEBNEWS –  Send in your favorite or favorites. There is no limit to the number of recipes you can send in. Help create an exchange of local favorites, home cooking, grilling, sauces, and deserts!  Send in your submissions here.