South Carolina Code of Laws
Chapter 3 - Family Court
Section 63-3-40. Initial election.

(A) The General Assembly shall elect a number of family court judges from each judicial circuit as follows:
First Circuit Four Judges Second Circuit Two Judges Third Circuit Three Judges Fourth Circuit Three Judges Fifth Circuit Four Judges Sixth Circuit Two Judges Seventh Circuit Four Judges Eighth Circuit Three Judges Ninth Circuit Six Judges Tenth Circuit Three Judges Eleventh Circuit Three Judges Twelfth Circuit Three Judges Thirteenth Circuit Six Judges Fourteenth Circuit Three Judges Fifteenth Circuit Three Judges Sixteenth Circuit Three Judges.
(B) In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties, at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.
(C) No county in the sixth circuit shall have more than one resident family court judge.
(D) In addition to the judges authorized by this section, there must be eight additional family court 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. 8, respectively.
HISTORY: 2008 Act No. 361, Section 2; 2012 Act No. 241, Section 2, eff June 18, 2012; 2016 Act No. 253 (H.4877), Section 1, eff June 7, 2016; 2022 Act No. 232 (H.3696), Section 2, eff June 17, 2022.

Editor's Note
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."
Effect of Amendment
The 2012 amendment added subsection (D).
2016 Act No. 253, Section 1, amended (D), adding two additional family court judges.
2022 Act No. 232, Section 2, in (A), in the "First Circuit" row, substituted "Four Judges" for "Three Judges", in the "Seventh Circuit" row, substituted "Four Judges" for "Three Judges", and in the "Sixteenth Circuit" row, substituted "Three Judges" for "Two Judges".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 63 - South Carolina Children's Code

Chapter 3 - Family Court

Section 63-3-10. Family courts created.

Section 63-3-20. Family court judges.

Section 63-3-30. Judges' qualifications and terms.

Section 63-3-40. Initial election.

Section 63-3-50. Compensation of judges.

Section 63-3-60. Retirement for abolished officers.

Section 63-3-310. Administration of family court system.

Section 63-3-320. Rotation of judges.

Section 63-3-330. Assignment of cases.

Section 63-3-340. Temporary assignment of judges.

Section 63-3-350. Physical facilities.

Section 63-3-360. Expenses of family courts.

Section 63-3-370. Fees and costs.

Section 63-3-510. Exclusive original jurisdiction.

Section 63-3-520. Traffic and wildlife jurisdiction.

Section 63-3-530. Jurisdiction in domestic matters.

Section 63-3-540. Cooperation of agencies, government entities, and institutions.

Section 63-3-545. Clerk of family court shall report the issuance, rescission, or termination of any permanent restraining orders and orders of protection.

Section 63-3-550. Standing to institute a proceeding regarding neglected or delinquent child.

Section 63-3-560. Venue.

Section 63-3-570. Service of summons.

Section 63-3-580. Failure to obey summons.

Section 63-3-590. Conduct of hearings.

Section 63-3-600. Rules for conduct of hearings.

Section 63-3-610. Prosecutorial functions.

Section 63-3-620. Penalties for adult violating title.

Section 63-3-630. Appeals.

Section 63-3-640. Post conviction proceedings.

Section 63-3-650. Power to issue writ of habeas corpus.

Section 63-3-810. Appointment.

Section 63-3-820. Qualifications.

Section 63-3-830. Responsibilities.

Section 63-3-840. Mediation prohibition.

Section 63-3-850. Compensation.

Section 63-3-860. Disclosure.

Section 63-3-870. Removal.