(a) The Court shall sit in three panels of three judges each. However, nothing in this section may be construed to prevent the Court from sitting as a whole.
(b) The Chief Judge is responsible for the administration of the Court, subject to the provisions of Article V, Section 4 of the Constitution of this State. The Chief Judge shall assign the members of the panels and shall systematically rotate and interchange the members of the panels in accordance with rules promulgated by the Supreme Court. The Chief Judge shall preside over the panel of which he is a member and in his absence the judge senior in service and present shall preside. The judge senior in service and present on the other panel shall preside over the other panel. For the five associate judges whose terms begin on July 1, 1985, the determination of their length of service shall be based on their order of election, with the associate judge who is elected first being the associate judge senior in service; provided, however, that seniority among the judges on an interim Court of Appeals shall continue on the permanent Court of Appeals established by the provisions of this chapter and service on that Court shall be included in determining the length of service on the Court herein established.
(c) Cases must be distributed between the three panels by the Chief Judge in accordance with rules promulgated by the Supreme Court; however, the Chief Judge may transfer cases from one panel to the other in order to maintain approximately equal caseloads for the three panels.
(d) On a panel, three judges shall constitute a quorum, and the concurrence of a majority of the judges is necessary for the reversal of the judgment below.
HISTORY: 1979 Act No. 164 Part IV-A Section 1, eff July 1, 1979; 1983 Act No. 89 Section 1, eff June 2, 1983; 1983 Act No. 90 Section 2, eff July 1, 1985; 1995 Act No. 145, Part II, Section 85C, eff June 29, 1995.
Structure South Carolina Code of Laws
Section 14-8-10. Court of Appeals created; number of judges.
Section 14-8-20. Election of members of the court; terms of office.
Section 14-8-30. Qualifications for office.
Section 14-8-40. Oath of office.
Section 14-8-50. Salary; prohibition on holding other offices.
Section 14-8-70. Presiding in certain cases prohibited.
Section 14-8-90. When the Court may sit en banc.
Section 14-8-120. Editing, publishing, and distributing of opinions and decisions.
Section 14-8-130. Sheriff to serve and execute order or process.
Section 14-8-200. Jurisdiction of Court; limitations.
Section 14-8-210. Review by Supreme Court.
Section 14-8-220. Power of Court and judges to administer oaths and writs; appeal.
Section 14-8-230. Rules governing administration.
Section 14-8-260. Notice of intent to appeal; determination of cases assigned to Court of Appeals.
Section 14-8-270. Appeal from interlocutory orders involving injunctions.
Section 14-8-280. Certification of issues of fact to lower courts; appointment of referees.
Section 14-8-290. Powers of judge at chambers.
Section 14-8-400. Terms of Court; order of docketing.
Section 14-8-410. Where Court may sit.
Section 14-8-420. Cases not heard in period allotted.
Section 14-8-430. Supreme Court to promulgate rules.
Section 14-8-450. Court not limited to places designated by law for holding court.
Section 14-8-500. Publication and distribution of opinions and decisions.
Section 14-8-550. Court of Appeals to be part of unified judicial system.