n South Carolina » Juvenile court

Judicial selection, 2022

• Elected

• Appointed

• Combination

Judicial specialization, 2022

• All mixed case types

• Mostly mixed

• Mostly specialized

Caseload assignment, 2022

• Mixed assignment methods

• Individual discretion

• Statute/State court rules

Judicial experience, training, and tools, 2022

• Qualification Requirements

• Required Annual Training

• Required Risk/Need Assessments and Pre-Dispositional Reports

• Juvenile Justice Bench Books

Courtroom shackling, 2015

Restricted by legislature

South Carolina statute 6 SC ST § 63-19-1435 (eff. 6/2/14) states if a juvenile appears before the court wearing restraints, the proceeding may not continue unless the court finds that the use of restraints is necessary [(threat of harm to self/other, disruptive courtroom behavior, flight risk with demonstrated evidence] AND no less restrictive alternative will prevent flight or harm. The juvenile’s attorney has the opportunity to be heard before the court orders use of restraints. If ordered, findings of fact in support of the order are required.

Competency, 2015

South Carolina’s Health Code contains a statutory reference to “when a circuit or family court judge has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial…as a result of a lack of mental capacity,” the judge must order examination. The statute aligns with the Dusky standard and includes court procedures and detailed criteria for evaluators and elements of the report/s, depending on reason/s for suspecting mental illness, intellectual disability or a related disability, and when dually diagnosed.

• No juvenile standard

• Juvenile standard is the adult standard

• Juvenile justice standard exists

• JJ standard includes developmental immaturity