No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.
HISTORY: 1976 Act No. 690 Art. V Section 4; 1988 Act No. 678, Part IV, Section 3, eff January 1, 1989.
Editor's Note
NOTE: The provision of Section 14-23-1040 requiring a four-year college degree or four years' experience as an employee in a probate judge's office in the State in order to serve as a probate judge has not been precleared by the U.S. Department of Justice and cannot be put into effect. See Section 5 of the Voting Rights Act of 1965, as amended.
1988 Act No. 678, Part II, Section 4, provides as follows:
Section 14-23-1040 of the 1976 Code does not apply to probate judges presently holding office upon January 1, 1989.
Structure South Carolina Code of Laws
Section 14-23-30. Election and term of judges.
Section 14-23-40. Bond and oaths.
Section 14-23-50. Filling of vacancies.
Section 14-23-60. Clerk of court shall act until vacancy filled.
Section 14-23-210. Appointment of times and places for holding courts; notice to interested parties.
Section 14-23-220. Court open at all times for certain business.
Section 14-23-230. Adjournment of court.
Section 14-23-250. Jurisdiction once acquired is exclusive.
Section 14-23-260. Jurisdiction shall not be collaterally impeached.
Section 14-23-280. Commencement of proceedings; procedure.
Section 14-23-290. Court may issue warrants and processes.
Section 14-23-310. Judge may punish for contempt.
Section 14-23-330. Taking and use of deposition.
Section 14-23-360. Enrollment of order or decree for payment of money.
Section 14-23-370. Order or decree as a lien or a judgment.
Section 14-23-390. Index of enrolled money decrees.
Section 14-23-400. Judges may issue executions.
Section 14-23-410. Prerequisites to issuance of executions.
Section 14-23-420. Recording satisfaction of execution.
Section 14-23-430. Form of warrant or process.
Section 14-23-440. Sheriff or constable shall execute orders or process.
Section 14-23-620. Judge shall make search and furnish copies of records; certification; fees.
Section 14-23-660. Manner of filing papers; index.
Section 14-23-670. Clerk shall file account of money remaining in court.
Section 14-23-690. Successor to issue receipt for books, papers, and property of retiring judge.
Section 14-23-710. Authority to make investments and loans; interest notes.
Section 14-23-1010. Establishment.
Section 14-23-1020. Election and term of judges; filling of vacancies.
Section 14-23-1030. Associate judges.
Section 14-23-1040. Only qualified county electors eligible to office of judge or associate judge.
Section 14-23-1070. Appointment of deputies; powers.
Section 14-23-1080. Judges shall not sit in certain cases.
Section 14-23-1090. Appointment and removal of clerk.
Section 14-23-1100. Duties of clerk.
Section 14-23-1110. Practice of law by judges or associate judges.
Section 14-23-1120. Court of record; seal.
Section 14-23-1130. Books, office equipment, office space, support personnel; index books.
Section 14-23-1140. Rules and regulations governing practice, procedure, and conduct of business.