S.C. Code Ann. § 14-5-610 – Division of state into sixteen judicial circuits; number of judges to be elected from each circuit; election of additional judges without regard to county or circuit of residence

(A) The State is divided into sixteen judicial circuits as follows:
1. (1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
2. (2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
3. (3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
4. (4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
5. (5) The fifth circuit is composed of the counties of Kershaw and Richland.
6. (6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
7. (7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
8. (8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
9. (9) The ninth circuit is composed of the counties of Charleston and Berkeley.
10. (10) The tenth circuit is composed of the counties of Anderson and Oconee.
11. (11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
12. (12) The twelfth circuit is composed of the counties of Florence and Marion.
13. (13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
14. (14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
15. (15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
16. (16) The sixteenth circuit is composed of the counties of York and Union.
(B) One judge must be elected from the sixth circuit. Two judges must be elected from the first, second, fourth, eighth, tenth, and sixteenth circuits. Three judges must be elected from the third, seventh, eleventh, twelfth, fourteenth, and fifteenth circuits. Five judges must be elected from the fifth, ninth, and thirteenth circuits.
(C) In addition to the above judges authorized by this section, there must be seven additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 7, respectively.

HISTORY: 1962 Code SECTION 15-261; 1952 Code SECTION 15-261; 1942 Code SECTION 50; 1932 Code SECTION 50; Civ. P. '22 SECTION 48; Civ. P. '12 SECTION 17; Civ. P. '02 SECTION 17; 1868 (14) 5, 72; 1869 (14) 198; 1870 (14) 17; 1871 (14) 659, 696; 1872 (15) 146; 1878 (16) 376; 1882 (17) 682; 1889 (20) 518; 1896 (22) 250; 1897 (22) 583, 592, 597, 609; 1898 (22) 879; 1899 (23) 31, 179; 1908 (25) 1002, 1283; 1910 (26) 867; 1912 (27) 827; 1914 (28) 579, 636; 1916 (29) 688, 717; 1919 (31) 5; 1926 (34) 1041; 1927 (35) 68; 1931 (37) 51; 1962 (52) 1884; 1966 (54) 2164; Const. 1895 Art. 5 SECTION 13; 1976 Act No. 690 Art. VI SECTION 1; 1979 Act No. 164 Part IV SECTION 1, eff July 1, 1979; 1982 Act No. 316, SECTION 1, eff April 9, 1982; 1990 Act No. 610, Part I, SECTION 1, eff July 1, 1991; 1995 Act No. 145, Part II, SECTION 85A, eff June 29, 1995; 1997 Act No. 155, Part II, SECTION 27A, eff June 14, 1997; 2012 Act No. 241, SECTION 1, eff June 18, 2012; 2022 Act No. 232 (H.3696), SECTION 1, eff June 17, 2022; 2025 Act No. 50 (H.4160), SECTION 1, eff May 12, 2025.

Editor's Note

1979 Act No. 164 Part IV SECTION 2 provides that the six additional judges authorized by the amendment to SECTION 14-5-610 shall take office on July 1, 1979 and the General Assembly during its 1979 session after the effective date of the amendment shall begin the process of electing the additional circuit judges.

1982 Act No. 316, SECTION 2, effective April 9, 1982, provides that the numerical designations of the offices of at-large circuit judges as provided in SECTION 14-5-610 shall be as follows on the effective date of the act:

Seat No. 1: occupied by the Honorable Ralph King Anderson.

Seat No. 2: occupied by the Honorable William Tindall Howell.

Seat No. 3: occupied by the Honorable James McCullum Morris.

Seat No. 4: formerly occupied by the Honorable Charles Victor Pyle, Jr.

Seat No. 5: occupied by the Honorable James Barnett Stephen.

Seat No. 6: occupied by the Honorable Marion Hardy Kinon.

1997 Act No. 155, Part II, SECTION 27C, provides as follows:

"SECTION 27C. Those additional circuit court and family court judges authorized by the provisions of subsections (A) and (B) of this section shall take office May 17, 1998, and the Judicial Merit Selection Commission on the effective date of this section shall begin the process of nominating candidates for these offices and the General Assembly shall then elect such judges from the nominees of the commission so that these judges may take office on May 17, 1998."

2012 Act No. 241, SECTION 3, provides as follows:

"The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1 and 2, and the General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act."

2022 Act No. 232, SECTION 3, provides as follows:

"SECTION 3. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1 and 2. The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act."

2025 Act No. 50, SECTION 2, provides as follows:

"(A) Upon the effective date of this act:

"(1) At-large Circuit Court Seat 1 is converted to a resident seat and designated Third Circuit Court Seat 3;

"(2) At-large Circuit Court Seat 4 is converted to a resident seat and designated Thirteenth Circuit Court Seat 5;

"(3) At-large Circuit Court Seats 6 and 12 are converted to resident seats and designated Twelfth Circuit Court Seats 2 and 3, respectively;

"(4) At-large Circuit Court Seats 8 and 10 are converted to resident seats and designated Fifth Circuit Court Seats 4 and 5, respectively;

"(5) At-large Circuit Court Seat 9 is converted to a resident seat and designated Ninth Circuit Court Seat 5;

"(6) At-large Circuit Court Seat 13 is converted to a resident seat and designated Eleventh Circuit Court Seat 3; and

"(7) At-large Circuit Court Seat 14 is converted to a resident seat and designated Seventh Circuit Seat 3.

"(B) Nothing in this act may be construed to require a judge currently serving in an at-large circuit court seat which is converted to a resident circuit court seat pursuant to this act to undergo additional screening until the end of the term for which they were screened and duly elected to an at-large circuit court seat."

Effect of Amendment

2022 Act No. 232, SECTION 1, in (B), in the first sentence, substituted "sixth and twelfth circuits" for "second, sixth, and twelfth circuits", in the second sentence, substituted "first, second, third, fourth, seventh, eighth, tenth, eleventh, and sixteenth circuits" for "first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, fifteenth, and sixteenth circuits", in the third sentence, substituted ", fourteenth, and fifteenth circuits" for "and ninth circuits", and in the fourth sentence, substituted "ninth and thirteenth circuits" for "thirteenth circuit".

2025 Act No. 50, SECTION 1, rewrote (B); and in (C), in the first sentence, substituted "seven" for "sixteen", and in the last sentence, substituted "7" for "16".