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Tuesday, September 27, 2005

 
FAMILY COURT BOGGED DOWN CHIEF JUSTICE SAYS

The following article was in today's Post and Courier. Chief Justice Toal has suggested that part of the problem stems from the need for more Family Court Judges. But, many people maintain that the problem is not a lack of judges, but is a lack of competent judges willing to apply the law coupled with procedural and substantive flaws in the system.

From our perspective, much of the Family Court caseload would dissipate if the Trial Judges both understood and applied the law consistently and fairly.
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Family court bogged down, Toal says

Associated Press

COLUMBIA--South Carolina Chief Justice Jean Toal says the state's family court system is overloaded and too time-consuming for judges.

Toal told a Senate subcommittee considering major reforms in the state's system that the number of judges would have to double to "reasonably process" family court cases that include divorces and child support issues. Lawmakers previously rejected Toal's request for three additional family court judges.

During a recent subcommittee hearing, Barry Knobel, a family court judge in Anderson, said each of the state's 52 family court judges typically hears 4,000 to 5,000 cases a year.

The chief justice said family court judges spend about an average of 20 minutes on any case during a year, and much of the caseload is child support cases brought by the state Department of Social Services.

A committee of family court judges headed by Knobel recently found that South Carolina should use special hearing officers to better process DSS cases, which is done in other states.

Sen. Glenn McConnell, R-Charleston, chairman of the Senate Judiciary Committee, appointed a subcommittee to study the issues and draft legislation.

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