Posts Tagged ‘Probate’

October 10, 2017

Opinion on interpretation of S.C. Code Ann. Section 54-3-119 regarding eminent domain, the Rule Against Perpetuities, and the right of first refusal for landowners and their heirs.

Requested by Randolph R. Lowell, Esquire, Attorney for the South Carolina Ports Authority.

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December 21, 2015

Opinion regarding the interpretation of Section 8-21-765(B) of the South Carolina Code, specifically “whether S.C. Code Ann. § 8-21-765 entitles a Dillon County probate judge, who is paid more than the base salary, to the same cost-of-living increase afforded to state employees last fiscal year.”

Requested by Alan L. Berry, Jr., Dillon County Attorney.

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October 21, 2015

Opinion regarding whether “online newspapers” that exist solely on the internet with no print circulation would be considered a newspaper of general circulation as the term is used within statutes and regulations imposing legal notice requirements for various purposes.

Requested by G. Lee Cole, Jr., Esquire, Williamston Town Attorney.

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July 27, 2015

Opinion regarding the interpretation of Section 24-3-580 of the South Carolina Code.

Requested by Bryan P. Stirling, Director, South Carolina Department of Corrections.

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May 19, 2015

Opinion regarding dual office holding.

Requested by Sean P. Thornton, Esq., Colleton County Attorney.

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April 27, 2015

Opinion regarding office space for a county’s legislative delegation.

Requested by The Honorable John Richard C. King, House of Representatives, District No. 49.

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March 9, 2015

Opinion regarding the effect of amended South Carolina Code Section 48-4-50 on the duties of the Department of Natural Resources Board.

Requested by Shannon Furr Bobertz, Esq., Office of Chief Counsel, South Carolina Department of Natural Resources.

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December 23, 2014

Opinion request regarding the recent election for a Fairfield County Council seat that resulted in a victory for the incumbent by four votes.

Requested by John E. James, III, County Attorney for Fairfield County.

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November 18, 2014

Opinion regarding whether service on both the South Carolina Education Oversight Committee and the Pickens County School Board would constitute dual office holding.

Requested by Phillip Bowers, S.C. Education Oversight Committee.

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August 28, 2014

Opinion regarding the ability of an associate probate judge to serve as the personal representative for an estate of a “family friend” pursuant to her appointment within the decedent’s Last Will and Testament.

Requested by The Honorable Kathy P. Zorn, Pickens County Probate Court.

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August 25th, 2014

Opinion regarding the appropriate procedure for disposition of funds held by a personal representative of an estate upon the determination that no heir exists “to take” pursuant to the laws of intestate succession.

Requested by: The Honorable J. Munford Scott, Jr., Probate Court Judge for Florence County.

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July 15, 2014

Opinion as to whether an individual can serve as Elloree’s clerk of court if she currently serves as a neighboring municipality’s clerk of court and associate municipal court judge.

Requested by: The Honorable Mike Fanning, Mayor Pro Tem

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June 10, 2014

Opinion regarding an opinion we issued on May 20, 2014 in which we opined that an individual’s service as a Colleton County School Board Trustee and as a Colleton County Deputy Sheriff would most likely violate the prohibition against dual office holding.

Requested by: Bert Duffie, General Counsel, Colleton County Board of School Trustees

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May 20, 2014

Opinion as to whether an individual can serve simultaneously as a Colleton County School Board Trustee and as a Colleton County Sheriff’s Deputy.

Requested by: The Honorable Kenneth F. Hodges, Member, House of Representatives.

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February 3, 2014

Opinion on several issues regarding William E. Robinson’s service as a member of Allendale County Council, as an ex officio member of the Allendale County Aeronautics and Economic Development Commission, and as an employee of SouthernCarolina Alliance.

Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney

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January 31, 2014

Opinion asking, must a South Carolina Probate Court continue to maintain tangible paper index books in addition to electronic records or will an electronic system of record keeping suffice under the current law?

Requested by: The Honorable Deirdre W. Edmonds, Horry County Judge of Probate

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May 29, 2013

Opinion “on when the terms of Office for newly elected members of the Board of Trustees (Board) commence.”

Requested by: Gregory D. Padgett, Chair, College of Charleston Board of Trustees

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April 2, 2013

Opinion asking whether the Union County supervisor is considered an elected official per S.C. Code § 4-9-30(7)? Does the supervisor fall within the scope of the county’s personnel policy? Is the county council itself authorized to hire and fire a county employee? Is county council authorized to reinstate an employee fired by the supervisor? And if county council does have the authority to fire a county employee or have an employee reinstated that is fired by the supervisor, what type of majority would county council have to have to do so?

Requested by: Sammy G. Diamaduros, Esquire, Union County Attorney

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March 26, 2013

Opinion asking whether you, as the elected auditor of Georgetown County, may present a case before the magistrate’s court as a representative of the county so that you may perform your duties?

Requested by: The Honorable Linda Mock, Georgetown County Auditor

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February 15, 2013

Opinion asking is the Probate Court required under S.C. Code § 20-1-570 to record marriages conducted without a statutorily-required marriage license under S.C. Code § 20-1-230 and § 20-1-340 (et al. statutes), where no license was applied for, and where both parties are still alive and not a part of any other proceeding in Probate Court?

Requested by: The Honorable Deidre Edmonds, Judge, Horry County Probate Court

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December 5, 2012

Opinion asking does the law require a Registrar of Deeds to record a Manufactured Home Affidavit for Retirement of Title Certificate where the Affidavit was not in the proscribed form under South Carolina Code § 56-19-510?

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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September 13, 2012

Opinion as to whether membership on the Board of Directors of the South Carolina Public Employee Benefit Authority (“PEBA”) constitutes an “office” for purposes of the dual office holding prohibition.

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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July 19, 2012

Opinion regarding dual office holding. Specifically, you request that we advise as to whether members of fire departments, including fire/arson investigators, are exempted from the dual office holding prohibition.

Requested by: Brandy A. Duncan, Esquire, General Counsel, SC Criminal Justice Academy

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July 2, 2012

Opinion regarding several questions related to the appointment and terms as Municipal Court Judge.

Requested by: The Honorable Vanessa C. Hollins, Municipal Judge, Town of Winnsboro

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May 16, 2012

Opinion “requesting clarification of S.C. Code Section 14-17-210 as it pertains to the County Clerk of Court’s responsibility concerning the courthouse.”

Requested by: The Honorable Jackie S. Bowers, Clerk of Court, Newberry County

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May 7, 2012

Opinion as to whether the Jasper County Council has the authority to require the County Treasurer to provide an employee of her office to work at an administrative satellite office the County Council recently established at a location outside the county seat.

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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February 21, 2012

Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office.

Requested by:  Sarah G. Noel, Clerk, Bamberg County Probate Court

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November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

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October 21, 2011

Opinion regarding county veterans’ affairs officers. Specifically, whether employees of a county veterans’ affairs officer are county employees, and to whom these employees are accountable.

Requested by: The Honorable Mike Forrester, Member, House of Representatives

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June 10, 2011

Opinion as to when the new salary base of magistrates in Aiken County, which is based upon the official United States Census, will take effect.

Requested by: The Honorable Rodger E. Edmonds, Chief Summary Court Judge

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April 18, 2011

Opinion asking whether your service as a commissioner on the Uniform Law Commission would violate the dual office prohibition of the South Carolina Constitution, as you currently serve as a South Carolina State Senator.

Requested by: The Honorable Robert W. Hayes, Jr., Member, SC Senate

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November 23, 2010

Opinion regarding the application of child support statutes across the state. Specifically, “the constitutionality of our state’s child support statutes not being applied consistently across our state agencies (in particular, our Family Court System and the Dept. of Social Services).”

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Requested by: The Honorable Luke A. Rankin, Member, SC Senate

September 29, 2010

Opinion regarding a potential conflict of interest issue. Specifically, “whether there will be a conflict of interest for a particular council member to vote on matters involving the Fort Lawn Community Center”.

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Requested by: The Honorable F.G. “Greg” Delleney, Jr., Member, House of Representatives

August 30, 2010

Opinion concerning associate probate judges. Specifically, whether it is “permissible for Judge Hocker to continue his judicial duties as Associate Probate Judge for Laurens County and to serve as Associate Probate Judge in another county.”

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Requested by: A. Cruickshanks, IV, Esquire

August 27, 2009

Follow-up to an opinion issued on April 21, 2009, concerning a mayor pro tempore’s service as mayor.
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Requested by: R. Allen Young, Esquire

August 25, 2009

Opinion concerning “the appropriate term that a gubernatorial appointee should serve in filling a recent vacancy in the Clerk of Court’s Office here in Beaufort County.”
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Requested by: Ladson F. Howell, Esquire

July 10, 2009

Opinion regarding the burial of the bodies of indigent individuals.
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Requested by: G.P. Callison, Jr., Esquire

March 4, 2009

Opinion regarding dual office holding. Specifically, whether a Union City Councilman has the ability to get a state constable’s commission as a retired police officer.
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Requested by: The Honorable Robert Garner, Member, Union City Council

November 4, 2008

Opinion interpreting section 8-21-770 of South Carolina and whether an opinion issued by this Office in 1981 remains valid.

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Requested by: The Honorable A. Shane Massey, Member, SC Senate

October 28, 2008

Opinion questioning whether a member of the New Ellenton city council who lives in an area no longer considered a part of or annexed to the City of New Ellenton, may continue to serve out his term of office or does he have to resign.

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Requested by: The Honorable James E. Stewart, Jr., Member, House of Representatives

September 24, 2008

Opinion questioning whether Supreme Court Justices, Judges of the Court of Appeals, Judges of the Circuit Courts, and Judges of the Family Courts are required to have individual bonds, or whether they can be covered under the Judicial Departments’ blanketed bond.

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Requested by: Julie Boland, South Carolina Judicial Department

June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

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Requested by: Brian T. Grier, Esquire

May 7, 2008

Opinion concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rights of the police to disclosed information of a patient and/or patron.

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Requested by: Lance C. Crowe, Chief of Police, Travelers Rest Police Department

December 20, 2007

Opinion regarding mentally ill individuals that have been “committed but not admitted”, meaning individuals who have been certified by a licensed physician to be in need of mental health treatment but who cannot be immediately transported and placed in a State mental health facility due to shortage of available beds.

Requested by: Honorable Branna W. Williams, Judge of Probate, Barnwell County

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August 27, 2007

Opinion questioning the possible penalty that could be imposed against an individual if that individual provides incorrect information, such as name, in association with an application for a marriage license.

Requested by: The Honorable David L. Thomas, Member, SC Senate

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May 22, 2007

Opinion regarding real estate agents using a prefabricated contract for the sale of real property that is later filled in by a licensed attorney constitutes as unauthorized practice of law.

Requested by: The Honorable James H. Harrison, Member, House of Rrepresentatives

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May 9, 2007

Opinion concerning dual office holding involving a member of the Spartanburg Planning Commission being appointed to the Spartanburg County Commission for Higher Education.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

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May 4, 2007

Opinion regarding dual office holding involving serving on the Citadel Board of Directors and being appointed as the Executive Director of SCDOT.

Requested by: Linda C. McDonald, Chief Council, South Carolina Department of Transportation

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March 28, 2007

Opinion on the validity of the selection of the SC Department of Transportation Commissioner in light of the requirements of 57-1-325 and other provisions of state law.

Requested by: The Honorable George E. Campsen, III, Member, South Carolina Senate

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March 3, 2007

Opinion as to whether or not a magistrate for McCormick County should be paid the same cost of living increase which was given to the state employees last year.

Requested by: G.P. Callison, Jr., Esquire

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September 29, 2006

Opinion questioning whether obtaining a position of the Union City Council, while also serving as the Assistant Director for the Union County Emergency Services Agency constitutes dual office holding.

Requested by: Robert Garner

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September 22, 2006

Opinion concerning the deputy auditor for Greenville County.

Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

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July 27, 2006

Opinion concerning the eligibility of a write-in candidate to take office.

Requested by: The Honorable Ernest G. Trammell, Member, Laurens County Council

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July 5, 2006

Opinion regarding the “offering of incentives in exchange for voting.”

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

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May 17, 2006

Opinion questioning whether serving on both the Bluffton Historical Preservation Commission and the Southern Beaufort County Corridor Review Board constitutes dual office holding.

Requested by: Laura T. Barrett

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February 16, 2006

Opinion referencing S.C. Code Ann. §7-9-60 and citing proposed Rules of Beaufort County Republican Party (BCRP); questioning whether the proposed BCRP Rules conflict with the requirements of Section 7-9-60 regarding the eligibility of members of a political party’s county executive committee to vote on any question.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

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February 1, 2006

Opinion questioning whether posting service of progress on a defendant’s home is allowed in service of papers in claim and delivery actions brought in magistrates’ courts.

Requested by: The Honorable Eugene Cooper, Chief Magistrate, Florence County

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January 20, 2006

Opinion regarding recent “action by the State Board of Education concerning their repeal of the South Carolina Biology Standards and along with the restitution of the 2000 Biology Standards.”

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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December 21, 2005

Opinion raising several questions regarding the duties of clerks of court and registers of deeds.

Requested by: The Honorable David Hamilton, Clerk of Court, York County

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October 31, 2005

Opinion questioning the legality of recording deeds, mortgages or other land transactions by electronic means.

Requested by: F. Lee Prickett, Jr., Esquire

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October 14, 2005

Opinion questioning the authority of a probate judge in your county charging a $150.00 filing fee pursuant to S.C. Code Ann. § 8-21-770(11) for all petitions filed in estates in addition to the estate fee.

Requested by: Paul M. Fata, Esquire

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August 31, 2005

Opinion questioning the legality of the imposition of a fee by a county governing body for the filing of a creditor’s claim against the estate of an deceased individual.

Requested by: The Honorable Sue H. Roe, Judge of Probate, Aiken County

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April 13, 2005

Opinion questioning whether the Register of Deeds may certify copies of documents that have been recorded in the Register of Deeds office which are made outside of your office from your online records.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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March 30, 2005

Opinion “on the constitutionality of House Bill 3213, the Right to Life Bill, which was introduced this year.”

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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January 5, 2005

Opinion questioning whether a magistrate may deny a civil process server the right to serve civil process, particularly a summons and complaint and matters relating to landlord and tenant, as long as the process server meets the requirements of law.

Requested by: The Honorable Thomas Ed Taylor, Summons Court Judge

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December 16, 2004

Opinion concerning “the standing of commissioners serving on the Columbia Metropolitan Airport Commission.”

Requested by: The Honorable Edward H. Pitts, Jr., Member, House of Representatives

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December 15, 2004

Opinion dealing with dual office holding. Specifically, whether holding a position on a county election commission simultaneously with a position on the board of directors for the Wil Lou Gray Opportunity School would be considered dual office holding under the State Constitution.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

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November 15, 2004

Opinion questioning a particular individual’s eligibility to hold an elective office.

Requested by: H. Lloyd Howard, Esquire

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August 10, 2004

Opinion questioning whether individuals who have been evaluated and determined to be mentally ill or mentally retarded and ordered committed to a state mental health facility for in patient care or treatment may be placed in jail for safekeeping.

Requested by: Mary C. Ammons, LPN, Detention Center Nurse, Marion County Detention Center and W. T. Johnson, Major, Director of Detention, Marion County Detention Center

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June 15, 2004

Opinion concerning “whether or not a person’s Social Security number or alien identification number is a prerequisite to the issuance of a marriage license under § 20-1-220, Code of Laws of South Carolina, 1976, as amended.”

Requested by: The Honorable Debora A. Faulkner, Probate Judge, Greenville County

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June 7, 2004

Opinion “whether the requirements for mandatory retirement age of 72 years applies to associate probate judges such that an associate judge would be required to retire upon reaching 72.”

Requested by: The Honorable A. Victor Rawl, Judge

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June 7, 2004

Opinion concerning dual office holding, whether you can be on the Aiken County Council and have employment with the state government.

Requested by: Ms. Gwendolyn Conner

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June 2, 2004

Opinion questioning a situation where a clerk of court is filling the position of probate judge pursuant to S.C. Code Ann. Section 14-23-60(1977), is the clerk of court entitled to his regular salary as clerk of court as well as that of the probate judge during the time he is fulfilling the duties of both offices.

Requested by: The Honorable George K. Fickling, Barnwell County Clerk of Court

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May 27, 2004

Opinion regarding the appointment of members to the Dorchester County Vocational Education Board of Trustees, in the context of the constitutional provisions relating to dual office holding.

Requested by: The Honorable George H. Bailey; The Honorable Annette D. Young; The Honorable Robert W. Harrell, Jr.; The Honorable Converse A. Chellis, III, Members, House of Representatives

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April 29, 2004

Opinion concerning dual office holding (a current member of the Mount Pleasant Town Council can be appointed as a Commissioner of Pilotage for the Port of Charleston).

Requested by: R. Allen Young, Esquire

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April 9, 2004

Opinion concerning dual office holding with serving as a member of the Town of Dillon Board of Architectural Review and serving on the Marion-Dillon County Disabilities and Special Needs Board.

Requested by: Mr. Don Barclay, Town of Dillon Board of Architectural Review

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March 30, 2004

Opinion regarding S.C. Code Ann. Section 29-5-110 (Supp. 2003) and requirements regarding witnesses or acknowledgment of probate.

Requested by: The Honorable Elaine Bozman, Deputy Register Mesne Conveyance

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March 3, 2004

Opinion concerning dual office holding. Specifically, if simultaneously holding the positions of Beaufort County Deputy Sheriff and Sheldon Township Fire District Commissioner would violate the dual office holding provisions of the South Carolina Code.

Requested by: The Honorable P.J. Tanner, Beaufort County Sheriff

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February 9, 2004

Opinion “…on involuntary commitments (Title 44 of the South Carolina Code of Laws) and the role of Law Enforcement in the transfer to State mental health facilities of persons currently admitted to a local hospital and/or currently receiving care (‘not admitted’) at a local hospital.”

Requested by: Mr. C. Talmadge Tobias, Jr., Sumter City Manager

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January 7, 2004

Opinion questioning whether a member of the Migratory Waterfowl Committee (“the Committee”), which was incorporated into the Department of Natural Resources (DNR) in 1993, would hold an office for purposes of the constitutional provisions against dual office holding.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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November 5, 2003

Opinion asking whether simultaneously holding a position on the Darlington Historical Commission and being a member of the Hartsville City Counsel would violate the prohibition on dual office holding in the South Carolina Constitution.

Requested by: The Honorable John L. Andrews, Member, Hartsville City Council

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October 8, 2003

Opinion concerning dual office holding (member of the State Board of Law Examiners and serve simultaneously as a member of the City of Florence Housing Authority Board).

Requested by: Frederick A. Hoefer, II, Esquire, Harwell, Ballenger, Barth, and Hoefer, L.L.P.

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October 3, 2003

Opinion concerning dual office holding. Specifically, whether simultaneously holding the positions of Delinquent Tax Collector for Barnwell County and board member of the Barnwell County District 45 School Board would constitute dual office holding.

Requested by: Wendall P. Gibson, Jr., Barnwell County Treasurer

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September 16, 2003

Opinion regarding whether the Board of Trustees of the John de la Howe School in McCormick, “under South Carolina law can continue to serve as members of the Board until successors have been appointed and found qualified to serve.”

Requested by: Mr. Ronald M. Davis, Member, Board of Trustees, John de la Howe School; Ms. Frances P. Lindler, Member, Board of Trustees, John de la Howe School; Alton T. Loftis, Ph.D., Member, Board of Trustees, John de la Howe School

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September 12, 2003

Opinion concerning dual office holding. Specifically, asking whether simultaneously holding the positions of Mauldin Clerk of Court and Simpsonville City Council member would constitute dual office holding.

Requested by: Ms. Geneva D. Lawrence, Mauldin Clerk of Court

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August 28, 2003

Opinion concerning dual office holding (holding positions of “city judge and magistrate in another district that is not his or hers).

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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August 12, 2003

Opinion concerning dual office holding. Specifically, a trustee for the Medical University of South Carolina (MUSC), can simultaneously serve on the Florence Housing Authority without violating the constitutional prohibition on dual office holding.

Requested by: The Honorable J.G. McGee, Member, House of Representatives

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June 5, 2003

Opinion regarding the Highway Commission and the ability of its commissioner to serve more than one term.

Requested by: The Honorable Scott H. Richardson, Senator, District No. 46

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May 27, 2003

Opinion regarding dual office holding. Specifically, whether a position on the South Carolina Occupational Safety and Health Review Board that is held simultaneously with a position on the Georgetown County Election Commission, appointed by County Council, violates the South Carolina Constitution.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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April 11, 2003

Opinion concerning service of process in civil matters. Specifically, service of process in claim and delivery actions pursuant to S.C. Code Ann. §§22-3-1310 et seq.

Requested by: The Honorable Thomas Ed Taylor, Summary Court Judge, Greenville County

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March 18, 2003

Opinion regarding the recent ruling by the Honorable James Johnson in the case of Owings v. Hodges, 2002-CP-24-1136.

Requested by:  The Honorable Michael A. Pitts, Member, House of Representatives

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December 17, 2002

Opinion as to whether a “member of our Union County Fair Board [who is] …appointed to Union County Election Commission” may simultaneously hold both positions without contravention of the dual office holding provision of the South Carolina Constitution.

Requested by: William F. James, Chairman, Union County Agricultural Fair Association

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December 10, 2002

Opinion asking if simultaneously sitting on the Spartanburg County Library Board of Trustees as Treasurer and being appointed to the Spartanburg Planning Commission, constitutes dual office holding for purposes of the South Carolina Constitution.

Requested by: Mr. Robert P. Richardson

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May 24, 2002

Opinion requesting as to whether the Education Oversight Committee must give prior consent to standards and assessments adopted by the State Board of Education under S.C. Code Ann. § 59-18-320(D)(Supp. 2001) of the Education Accountability Act.

Requested by: The Honorable Mike Fair, Member, South Carolina Senate, The Honorable Thomas G. Keegan, Member, South Carolina House of Representatives, The Honorable William C. Mescher, Chairman, Senate General Committee

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May 2, 2002

Opinion interpreting § 14-23-1040 of the South Carolina Code.

Requested by: Helen Ann S. Thrower, Staff Counsel, Labor, Commerce and Industry Committee, South Carolina House of Representatives

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April 8, 2002

Opinion concerning the interpretation of S.C. Code Ann. Section 14-17-210 which gives the Clerk of Court control of the Courthouse. Specifcally, if the Clerk’s authority applies “to the Circuit Court courtroom, petit jury room, etc., or could it be the entire courthouse?”

Requested by: The Honorable Harriett S. Pierce, Probate Judge, Kershaw County

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October 8, 2001

Opinion on South Carolina Code of Laws Section 15-1-290, asking whether a probate judge must apply Section 15-1-290 in a proceeding because it has not been repealed.

Requested by: The Honorable Herb Kirsh, Member, House of Representatives

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August 27, 2001

Opinion concerning the compensation of a clerk of court who temporarily fills the vacancy in the office of a probate judge.

Requested by: The Honorable George K. Fickling, Barnwell County Clerk of Court

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June 19, 2001

Opinion concerning the disposition of certain real property under the terms of a will.

Requested by: The Honorable Edwin M. Davis, Chesterfield County Probate Judge

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May 23, 2001

Opinion concerning the procedure for securing the forfeiture of property/money pursuant to S.C. Code Ann. §44-53-520 when the defendant cannot be located.

Requested by: Mr. Louis M. Nelson, Sr., Chester County Sheriff’s Office

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May 8, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Planning Commission and the South Carolina State Board for Technical and Comprehensive Education.

Requested by: Mr. John L. Weaver, III, Esquire

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October 18, 2000

Opinion asking whether a dual office holding situation exists if a member of the Lander University Board of Trustees simultaneously serves as a member of the Lexington County School District 2 Board of Trustees.

Requested by: Maurice Holloway

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June 8, 2000

Opinion asking whether a dual office holding situation exists if a member of the Berkeley County Zoning Appeals Board simultaneously serves as a member of the Hanahan Municipal Election Commission.

Requested by: Jack E. Stahl

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April 6, 2000

Opinion asking if the Probate Judges Association has approved a bill which provides tiers of qualifications for probate judges based on county population, and whether it is constitutional.

Requested by: The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court

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June 1, 1999

Opinion noting that recently the Department of Natural Resources has had correspondence with Mr. Ed Dixon concerning a renewal for his watercraft registration.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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May 18, 1999

Opinion regarding the amendment of South Carolina Code Sections 20-1-220 and 44-63-75, effective June 10, 1997, as well as the impact of the amended statutes under the South Carolina Freedom of Information Act.

Requested by: Mary S. Schroeder, Interim Director, South Carolina Court Administration

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March 12, 1999

Opinion asking whether “the elected County Treasurer, as a non-attorney, [may] present a case before Magistrate’s Court, as a representation of the County.”

Requested by: The Honorable Elizabeth C. Hair, Sumter County Treasurer

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January 14, 1999

Opinion asking whether the appointment of an individual to a board or commission who is not qualified to serve is automatically annulled upon discovery of the lack of qualification.

Requested by: The Honorable John Graham Altman, III, Member, House of Representatives

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July 29, 1998

Opinion asking whether an individual held in civil contempt is eligible for good time credits.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Facility

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June 23, 1998

Opinion concerning “the division of seized gambling money after the case is disposed of.”

Requested by: Investigator T. K. Davis, Spartanburg Department of Public Safety, Narcotics and Organized Crime Unit

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May 7, 1998

Opinion concerning whether a dual office holding situation exists if a municipal court judge simultaneously serves as a probate judge.

Requested by: Kenneth W. Arthur, Chief of Police, Walterboro Police Department

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November 20, 1997

Opinion concerning three situations which arise out of the fact that one of the members of the Ridgeville Town Council is not a resident of the town.

Requested by: The Honorable Allen Bozardt, Mayor, Town of Ridgeville

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September 11, 1997

Opinion advising as to whether the Georgetown County Council has the authority to direct the manner in which the Clerk of Court accepts payment of child support.

Requested by: Jack M. Scoville, Jr., Esquire

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September 2, 1997

Opinion questioning whether Section 20-1-100 now restricts the effect of Section 20-1-300 despite the latter’s language which permits a marriage license to issue “[w]ithout regard to the age of the female and male?”

Requested by: The Honorable Catherine H. Kennedy, Probate Judge, Richland County

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August 27, 1997

Opinion asking whether “section 8-15-65 of the Code, require[s] a ‘corresponding reduction’ in the county’s appropriations by the state, pursuant to Chapter 27 of Title 6, State Aid to Subdivisions, if a reduction is made in the operational budgets of the specified elected officials by a county council.”

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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June 2, 1997

Opinion requesting advice as to whether, as Clerk, you are entitled to the salary for the office of Probate Judge while serving in that position as a result of a vacancy.

Requested by: The Honorable Douglas C. Murdaugh, Clerk of Court

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December 23, 1996

Opinion regarding your upcoming change of residency from Beaufort County Council District 1, which you currently represent, to District 2.

Requested by: The Honorable Thomas C. Taylor, Chairman, Beaufort County Council

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November 14, 1996

Opinion referencing a recent Order of the Honorable Donna Strom which “would transfer all juveniles determined to be ‘sub-class’ juveniles to the custody and care of the Department of Mental Health.”

Requested by: Donna Earls Elder, Vice Chairman, South Carolina Juvenile Parole Board

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October 29, 1996

Opinion asking “should the county council have the right to deny Elected Officials the right to allow their employees as well as themselves the opportunity to enjoy and observe legal holidays that are codified in the S.C. Code of Laws?”

Requested by: The Honorable Carol F. Speer, Judge of Probate, Abbeville County

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August 27, 1996

Opinion given as a follow up to an informal opinion, which was forwarded to Robert Hayes, dated August 13, 1996, and contained the question of authority over a Municipal Court System.

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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August 14, 1996

Opinion regarding S.C. Code Ann. 388-53-310 (1995 Cum. Supp.) which requires professional bail bondsmen to file with the clerk of court of the county of his principal place of business a written report regarding all the bail bonds on which he is liable as of the first day of each month, and inquiring whether or not this report should be available to the public, specifically competitors.

Requested by: Derrick K. McFarland, Staff Attorney, S.C. Court Administration

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August 13, 1996

Opinion regarding the authority of the city council concerning the municipal court, considering that “the Municipal Court System of Rock Hill has encountered numerous problems recently…”, “the Rock Hill Municipal Court System has been under the direct control of the Human Resource Director for the past several years and recently the City Manager has assumed its control…”, and “some Council members feel that all court personnel should, by law, be hired by and report directly to the Counsel.”

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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July 15, 1996

Opinion concerning “whether or not it is allowable for a municipality to pass an ordinance that allows the municipality to charge a $35.00 fee for the administrative costs that are associated with the processing of expungement orders.”

Requested by: The Honorable W. Barney Giese, Solicitor, Fifth Judicial Circuit

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July 3, 1996

Opinion concerning the process for involuntary admission of a patient to a mental health facility, which a multi-disciplinary team from Anderson Area Medical Center has been evaluating.

Requested by: Patricia A. Cohrac, ARM, Director Safety and Security/Risk Management, Anderson Area Medical Center

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April 8, 1996

Opinion concerning whether a dual office holding situation exists if the Revenue Collector for the Town of Hilton Head Island simultaneously serves on Beaufort County Council.

Requested by: Ms. Kathy Barnes

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January 17, 1996

Opinion regarding the issue of police officers being required to transport mental patients, and whether, if they have to continue transport, can they bill the State Department of Mental Health for costs accrued.

Requested by: Richard H. Palmer, Chief of Police, Town of Ridge Spring

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December 6, 1995

Opinion concerning the handling of mental health patients, specifically in their transportation to facilities in Anderson and Charleston, and inquiring as to how the situation best be handled in consideration of the safety of deputies and patients.

Requested by: The Honorable W. Glenn Campbell, Sheriff, Darlington County

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December 5, 1995

Opinion inquiring as to how the length of time is determined before an inmate who is denied parole can become re-eligible, specifically concerning the case of Tellis Edwards, who had been convicted of Grand Larceny, Housebreaking, and plead guilty to Manslaughter.

Requested by: Jack Sinclaire, Esquire, Deputy Solicitor, Ninth Judicial District

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December 5, 1995

Opinion inquiring whether it is legal for a constituent to be an agent for the garage man (for payment of a fee) to help obtain a title to the car that the garage man is holding for the non-payment of a bill, even if the constituent is not an attorney.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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November 20, 1995

Opinion asking for the review of certain information in the July 1995 issue of Crime to Court, noting that the issue cites a recent case, McCabe v. Town of Lynn, 875 F.Supp. 53 (D. Mass. 1995).

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

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October 30, 1995

Opinion concerning various issues related to the problem of how an annexation to a municipality may proceed if sufficient numbers of property owners cannot be located to sign an annexation petition and asking that the problem of signatures relative to “heirs property” be addressed.

Requested by: The Honorable Lucille S. Whipper, Member, House of Representatives

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October 18, 1995

Opinion asking for the review of certain information in the July 1995 issue of Crime to Court, noting that the issue cites a recent case, McCabe v. Town of Lynn, 875 F.Supp. 53 (D. Mass. 1995).

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

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October 18, 1995

Opinion regarding the processing and service of warrants at the Oconee County Detention Center.

Requested by: Chief Broadus E. Albertson, Walhalla Police Department

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August 2, 1995

Opinion regarding the eligibility of foreign corporations to serve as trustees under trusts created by corporate and individual citizens of South Carolina.

Requested by: The Honorable John C. Land, III, Senator, District No. 36

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July 13, 1995

Opinion addressing four questions concerning dual office holding and conflict of interest.

Requested by: The Honorable James Lee Foster, Sheriff of Newberry County

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June 28, 1995

Opinion concerning whether a dual office holding situation exists if  a deputy coroner simultaneously serves as a member of county council.

Requested by: The Honorable Grady A. Brown, Member, House of Representatives

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June 21, 1995

Opinion addressing issues the Blackville Chief of Police is having regarding the transportation of mental patients that are outside his jurisdiction.

Requested by: Harold D. Sims, Chief of Police, Blackville Police Department

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May 8, 1995

Opinion seeking advice on what procedures to follow or steps to take to remedy the situation with respect to funding for the Veterans’ Affairs Office for McCormick County, which was cut in half, despite a budget being submitted and no other county agencies’ budgets being cut.

Requested by: Curtis E. Baggett, Veterans’ Service Officer

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April 21, 1995

Opinion regarding the interpretation of the statutory provisions relating to salary increases for Probate judges and Magistrates.

Requested by: George A. Markert, Director, South Carolina Court Administration

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March 29, 1995

Opinion questioning the authority of a law enforcement officer to briefly restrain or detain combative mental patients or students where there has been no court order of detention or arrest.

Requested by:  Greg A. Hoover, Chief of Police, Moncks Corner Department of Public Safety

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March 22, 1995

Opinion “regarding the Family Court not having a trial by jury system.”

Requested by: The Honorable J. Gary Simrill, Member, House of Representatives

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December 7, 1994

Opinion concerning whether a dual office holding situation exists if a public member of the South Carolina Real Estate Appraisers Board simultaneously serves on the Horry County Council.

Requested by: Ms. Evelyn Causey

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October 28, 1994

Opinion concerning what degree of proof is needed by an auditor in ascertaining whether title has been transferred for purposes of Section 12-37-2725.

Requested by: The Honorable James G. Fickling, Auditor, Barnwell County

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October 20, 1994

Opinion concerning what should be required of emancipated seventeen-year-old applicants for marriage licenses, to prove that they are in fact emancipated.

Requested by: The Honorable Evelyn J. Fulton, Probate Judge of York County

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September 15, 1994

Opinion concerning serving as Associate Probate Judge of Laurens County and whether one may receive a retainer agreement to be the attorney for the Commission of Public Works for the City of Laurens .

Requested by: The Honorable Donald B. Hocker, Associate Probate Judge of Laurens County

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July 15, 1993

Opinion questioning whether State law mandates retirement by magistrates by the end of the fiscal year of their seventy-second birthday.

Requested by: Motte L. Talley, South Carolina Court Administration

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July 14, 1993

Opinion concerning various provisions of the Probate Code as to who would receive the rest and residue of an estate.

Requested by: The Honorable Harriett Pierce Flynn, Probate Judge of Kershaw County

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January 12, 1993

Opinion advising that the Cherokee County Administrator is proposing to move the Probate Court from its present location in the county courthouse into a remodeled hospital and interpreting S.C. Code Ann. § 4-1-80(1976, as revised).

Requested by: The Honorable W. R. Douglas, Probate Judge of Cherokee County

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October 20, 1992

Opinion concerning who will be entitled to vote in a special primary to be held on behalf of the Republican Party in Dorchester County to determine a replacement nominee for that party’s nominee for the office of probate judge.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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September 28, 1992

Opinion concerning the difference in a public official and a state employee.

Requested by: The Honorable Ryan C. Shealy, Senator, District No. 24

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July 28, 1992

Opinion concerning whether the Joint Legislative Committee on Energy continues in existence despite a line-item veto by Governor Campbell of funding for the Committee.

Requested by: The Honorable Harriet H. Keyserling, Chairman, Joint Legislative Committee on Energy and The Honorable Timothy F. Rogers, Member, House of Representatives

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November 12, 1991

Opinion concerning whether and how a marriage can be performed between parties, one of whom is physically located in South Carolina, with the other party located outside the state or the United States.

Requested by: The Honorable Bobby B. Rabon, Probate Judge of Sumter County

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November 1, 1991

Opinion concerning whether a dual office holding situation exists if a school board member simultaneously serves as a soil and water conservation commissioner.

Requested by: The Honorable Kim Burch, Member of House of Representatives

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September 11, 1991

Opinion concerning whether further action needs to be taken before new magistrates assume office and whether magistrates who were to be replace may be advised that they no longer hold office.

Requested by: Louis L. Rosen, Director, South Carolina Court Administration

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March 28, 1991

Opinion asking when the 2.5% pay increase should be effective for magistrates and probate judges.

Requested by: Louis L. Rosen, Director, South Carolina Court Administration

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February 21, 1991

Opinion regarding the continued viability of a local law for Beaufort County creating a Deputy Probate Judge as well as the following another statute to appoint a Deputy Clerk of Court.

Requested by: The Honorable Evelyn W. Shelley, Judge of Probate of Beaufort County

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January 18, 1991

Opinion concerning whether a dual office holding situation exists if a county council member simultaneously serves as a congressional gubernatorial appointee from the Third Congressional District to the Residential Home Builders Commission.

Requested by: The Honorable Thomas L. Moore, Senator, District 25

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December 13, 1990

Opinion concerning when the new salaries of the Probate Judges, which are based upon the official United States census, will take effect for those judges who will move to a higher salary level.

Requested by: The Honorable Bobby B. Rabon, Judge of Probate, Sumter County

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October 2, 1990

Opinion on Section 62-3-805(A)(1)(2) and (3)have priority for payment over the value of the security held by a secured creditor.

Requested by The Honorable Gus H. Pearlman, Judge of Probate, Charleston County.

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October 1, 1990

Opinion on dual office holding (serve on Lexington and Richland Counties Board of Commissioners of Midlands Technical College and as a Commissioner to the Richland County School District One).

Requested by The Honorable Jasper Salmond, Wilbur Smith Associates.

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June 11, 1990

Opinion concerning whether Chesterfield County Council has the authority to eliminate a staff position from the office of Probate Judge of Chesterfield County in its second reading of the 1990-91 budget.

Requested by: The Honorable Edwin M. Davis, Judge of Probate, Chesterfield County

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June 4, 1990

Opinion concerning whether public funds may be constitutionally expended by Richland County Council for the maintenance of private roads or driveways. This opinion also addresses whether an enclosed ordinance is constitutional.

Requested by: C. Dennis Aughtry, Esquire

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May 25, 1990

Opinion concerning whether a law enforcement officer is responsible for returning an individual taken into custody for examination by a physician in an emergency situation to the place the individual was picked up if the person is released.

Requested by: The Honorable James R. Metts, Sheriff, Lexington County, Lexington County Sheriff’s Department

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April 27, 1990

Opinion concerning Section 8-21-760 et seq. of the South Carolina Code of Laws relative to the adoption of the new South Carolina Probate Code and the use of Probate Form #350PC, regarding the computation of fees.

Requested by: The Honorable Julien Weinberg, Probate Judge of Clarendon County

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April 3, 1990

Opinion concerning whether Dorchester County may require the payment of rent from “State” agencies located in an office facility which Dorchester County plans to construct.

Requested by: The Honorable Thomas A. Limehouse, Member, House of Representatives

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March 23, 1990

Opinion concerning the constitutionality of a statute which requires that probate judges have a college education or have worked in the probate court office for a specified period of time.

Requested by: The Honorable Paul E. Short, Jr., Majority Leader, House of Representatives

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July 26, 1989

Opinion concerning whether a Probate Court Clerk of Court or Deputy Clerk of Court may serve as a juror in Court of Common Pleas or General Sessions, magistrate’s or coroner’s court, or the like.

Requested by: The Honorable Evelyn W. Shelley, Judge of Probate, Beaufort County

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March 14, 1989

Opinion concerning whether The School District of Greenville County is entitled to fifty cents from each marriage license fee being charged by the Greenville County Probate Court pursuant to §20-1-370(4) of the Code of Laws of South Carolina, 1976.

Requested by: C. Wade Cleveland, Esquire, The School District of Greenville County

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February 27, 1989

Opinion concerning whether the probate court must discharge the patient from treatment for chemical dependence and begin judicial proceedings to facilitate transfer from chemical dependency treatment to physical treatment.

Requested by: The Honorable Patrick B. Harris, Member, House of Representatives

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February 16, 1989

Opinion regarding provisions of recently-enacted Act No. 678 of 1988.

Requested by: George A Markert, Assistant Director, South Carolina Court Administration

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January 27, 1989

Opinion on Section 44-17-580 (individual’s medical or clinical competency to make decisions regarding treatment when that individual has been involuntarily committed to a psychiatric facility).

Requested by The Honorable Patrick B. Harris, Member, South Carolina House of Representatives.

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December 22, 1988

Opinion relating to the procedures required during supplemental hearings held to determine whether a mental patient’s outpatient treatment placement should be revoked and the patient be involuntarily confined to a mental health facility for further inpatient treatment; and also regarding whether expert testimony or evidence is required to support a revocation decision rendered at the supplemental hearing.

Requested by: The Honorable Patsy S. Stone, Judge of Probate, Florence County

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December 22, 1988

Opinion concerning whether the state supplement to the salaries of probate judges should be considered a part of the base salary counties are required to pay; if the county provides cost to living supplements to other employees and whether judges  are entitled to the same benefits; and for counties whose fiscal year does not coincide with the state fiscal  year, when salary increases to master-in-equity salaries made necessarily by increases in circuit judges salaries should become effective?

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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December 22, 1988

Opinion regarding provisions of recently-enacted Act No. 678 of 1988 which will become effective January 1, 1989.

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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December 16, 1988

Opinion regarding when the term of office commences for the Dorchester County Register of Mesne Conveyances.

Requested by: The Honorable Thomas A. Limehouse, Member,  S.C. State House of Representatives

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December 12, 1988

Opinion referencing Section 26 of Act No. 532 of 1988, the “Highway Safety Act”, which provides for the confiscation and foreiture of a motor vehicle driven by an individual convicted of a fourth or subsequent violation within the last ten years of driving while his license is cancelled, suspended or revoked for a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs; questioning whether a filing fee should be charged at the confiscation stage, the forfeiture stage, or both.

Requested by: Nancy E. Shealy, Esquire

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November 17, 1988

Opinion regarding who should be the appropriate appointee to serve on the South Carolina Board of Health and Environmental Control: the incumbent who has recently taken his oath as a Representative, or the Governor’s interim appointee.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Board of Health and Environmental Control; Jacquelyn S. Dickman, Assistant General Counsel, South Carolina Board of Health and Environmental Control

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October 14, 1988

Opinion concerning what impact the reference to an act of the General Assembly adopted in 1973 within the referendum question has upon the validity of the referendum.

Requested by: The Honorable Larry A. Martin, Member, House of Representatives; The Honorable B. L. Hendricks, Jr., Member, House of Representatives

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September 19, 1988

Opinion regarding whether ratified act number 732 (S.1461) of 1988 should be followed to effect appointments of members to the Newberry County Water and Sewer Authority.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney

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May 2, 1988

Opinion concerning whether the law precludes the transfer of a prisoner in the Department of Corrections under psychiatric care and whose sentence is about to be completed to the Department of Mental Health.

Requested by: The Honorable Patrick B. Harris, Member, House of Representatives

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March 17, 1988

Opinion questioning whether court costs can be imposed at the discretion of an individual magistrate or municipal judge.

Requested by: Henry Ray Wengrow, Esquire, Legal Counsel and Director of Finance, South Carolina Criminal Justice Academy

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March 2, 1988

Opinion concerning whether a Development Board member “employed by the Department of Social Services” and a second Board member “employed by Berkeley County” are eligible to serve on the Development Board in light of S.C. Code Ann. §13-3-50 (1976).

Requested by: J. Mac Holladay, Director, South Carolina State Development Board

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February 25, 1988

Opinion concerning whether “non-elected officials” serving as special referees or special masters under court appointments can retain the fees paid for their service in those positions.

Requested by: The Honorable John H. Waller, Jr., Judge, Twelfth Judicial Circuit

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November 23, 1987

Opinion regarding as to the applicability of Section 4-11-60 of the Code of Laws of South Carolina (1976, as revised) to members of a county council who receive only salaries and reimbursement for actual expenses incurred in the performance of official duties.

Requested by: Thomas M. Boulware, Esquire, Barnwell County Attorney

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October 21, 1987

Opinion concerning whether a judge should continue to serve as public guardian  in cases inherited from a predecessor, if the number of cases and amount of assets exceed the limit under the current code.

Requested by: The Honorable Geneva Dean, Judge of Probate, Orangeburg County

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September 24, 1987

Opinion regarding the compensation to be paid to special referees or masters. This opinion also addresses whether such compensations may be retained by clerks of the court and probate judges.

Requested by: Motte L. Talley, Esquire, Staff Attorney, South Carolina Court Administration

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June 15, 1987

Opinion referencing the provisions of the 1987-88 Appropriations Act and asking whether the General Assembly intended for the $1575.00 salary supplement to be paid to a sheriff.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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June 11, 1987

Opinion as how to fill the office of Register if Mesne Conveyances in Aiken County due to the death of Mrs. Virgina Eargle, the incumbent.

Requested by: The Honorable Irene K. Rudnick, Member, House of Representatives

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January 13, 1987

Opinion asking if under existing federal or state law, must South Carolina judges retire at age 72?

Requested by: The Honorable Patrick B. Harris, Member, House of Representatives

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January 12, 1987

Opinion asking whether the outgoing probate judge has authority to continue in office until the sheriff, as his successor, has qualified.

Requested by: Larry W. Propes, Deputy Director, South Carolina Court Administration

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January 8, 1987

Opinion regarding the legality of a probate judge serving as a special referee in certain cases. Specifically, may the probate judge by appointed by order of the Circuit Court or Clerk of Court as a special referee in a particular case under a written order of reference?

Requested by: Honorable Curtis G. Clark, Assistant Probate Judge

January 8, 1987

Opinion asking whether clerks of courts may receive, as personal income, commissions for the sale of South Carolina Tax Commission documentary stamps.

Requested by: S. Jeff Boyd, Staff Attorney, South Carolina Court Administration

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November 12, 1986

Opinion concerning if an officer must remain with an individual he has transported to a mental health facility until the individual has been examined or is the officer’s obligation complete when the individual is delivered to mental health officials. Also concerning whether a mental health order must be executed as soon as it is received.

Requested by: John S. Willis, Chief of Police, Clover Police Department, Town of Clover

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November 10, 1986

Opinion concerning the application of Section 23-11-50 of the Code. This provision requires that where a coroner acts as sheriff in a vacancy situation, he is entitled to the fees and emoluments of the sheriff.

Requested by: Frank Harrison, Esquire, McCormick County Attorney

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October 14, 1986

Opinion on whether the judicial department is authorized to expend the special fund provided in Item VII, Section 4, Part I of Act 540.

Requested by Mr. Larry W. Propes, Deputy Director, South Carolina Court Administration.

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September 15, 1986

Opinion questioning the validity of an ordinance enacted by the Dillon County Council in 1985.

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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August 20, 1986

Opinion asking whether guardian fees earned by a probate judge for service as a public guardian should be retained by the probate judge or paid into the general fund of the county.

Requested by: C. Gordon McBride, Esquire, County Attorney

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August 6, 1986

Opinion questioning whether a county council can set the fee for a marriage license where there is no special legislation authorizing such action by the council. Additionally, it was questioned whether in the absence of any such local legislation, is the fee limited to one dollar?

Requested by: Larry W. Propes, Deputy Director, South Carolina Court Administration

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July 3, 1986

Opinion concerning § 4-9-30(7) of the Code and the proposed amendments thereto.

Requested by: E. Jeannette Heyward, Esquire, Assistant County Attorney, Charleston County

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June 24, 1986

Opinion on appropriate method for filling a vacancy for Sheriff in Saluda County.

Requested by Saluda County Attorney.

Read full opinion.

June 6, 1986

Opinion concerning the interpretation of Section 21-15-1450, Code of Laws of South Carolina, 1976, as amended, effective March 1, 1985.

Requested by: The Honorable John V. Green, Judge of Probate, Richland County

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April 18, 1986

Opinion concerning whether the incumbent would continue to serve until the new election may be held, and further whether any acts he performs would be valid.

Requested by: Claude Terry, District Superintendent, Orangeburg School District #1

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March 21, 1986

Opinion concerning whether a deputy or associate probate judge would be required to take a leave of absence to become a candidate for the office of probate judge.

Requested by: The Honorable Marshall B. Williams, Senator, District No. 40

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January 21, 1986

Opinion concerning the inheritance by illegitimate children from their fathers’ estates.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney

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January 7, 1986

Opinion concerning the constitutionality of the proposed bill which, if adopted, would establish minimum salaries for sheriffs based upon the population of the county which a particular sheriff serves as well as the effect the proposed bill would have on home rule powers of the various counties.

Requested by: The Honorable Robert N. McLellan, Member, House of Representatives

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October 3, 1985

Opinion concerning whether §21-15-1450, South Carolina Code of  Laws, 1976, as amended, by Act 498 of 1984, applies to those estates opened prior to the amendment but still in administration.

Requested by: The Honorable John V. Green, Richland County Judge of Probate

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September 23, 1985

Opinion concerning whether it is mandatory under §14-23-1130, South Carolina Code of Laws, 1976, as amended, for County Council to pay for the cost of a certified court reporter in contested matters before the Probate Court .

Requested by: Honorable Harry E. Dawkins, Orangeburg County Judge of Probate

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September 18, 1985

Opinion concerning whether deputies assigned to a magistrate’s court come within the language* of Section 8-21-1060 whereby such schedule would control, as opposed to the schedule established by Act No. 163 of 1985 for sheriffs generally.

Requested by: Frank Powell, Sheriff, County of Richland

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September 17, 1985

Opinion concerning whether a testator in a will can disallow a commission for serving as an executor thereunder.

Requested by: Honorable Martha D. Newton, Anderson County Probate Judge

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June 26, 1985

Opinion concerning records of marriage licenses and applications available to the public, including representatives of various commercial enterprises.

Requested by: The Honorable Patsy S. Stone, Judge of Probate, Florence County

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May 22, 1985

Opinion concerning whether a probate court can establish a “limited guardianship” for a specific purpose (i.e., to qualify a minor to attend school in a particular school district) and in the process legitimately exempt the guardian from the accounting requirements of §-1-19-140, South Carolina Code of Laws, 1976, as amended.

Requested by: Larry W. Propes, Deputy Director, S. C. Court Administration

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May 7, 1985

May 7, 1985: Opinion concerning the validity of a marriage.

Requested by: The Honorable Frederick W. Robinson, Judge of Probate, Calhoun County

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April 17, 1985

Opinion concerning Section 3 of the bill which sets forth the salaries of probate judges pursuant to the following schedule.

Requested by: The Honorable Raymond C. Eubanks , Jr., Judge, Probate Court, County of Spartanburg

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April 4, 1985

Opinion concerning whether or not a proviso in Section 16 of the proposed Appropriations Bill for 1985-86 is constitutional.

Requested by: The Honorable John I. Rogers, III, Member, House of Representatives

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February 20, 1985

Opinion concerning whether you may serve simultaneously on the Board of Adjustment for the City of Myrtle Beach and on the Horry County Board of Education.

Requested by: Mr. Barry Thigpen, Leonard Call Taylor & Associates, Inc.

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January 17, 1985

Opinion on dual office holding (Probate Judge for Marlboro County and serve on the Marlboro County Historical Commission).

Requested by The Honorable Claude Driggers, Marlboro County Supervisor.

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December 17, 1984

Opinion as to the date when the newly-elected Auditor, Clerk of Court and Probate Judge of Aiken County will commence their respective terms of office.

Requested by: Robert M. Bell, Esquire, County Attorney, Aiken County

Read full opinion.

September 21, 1984

Opinion regarding whether the definition of ‘court’ defined in Section 43–29–10(9), South Carolina Code of Laws (1976), as amended, as ‘family court or other court exercising such jurisdiction,’ includes the probate court.

Requested by: The Honorable Bernard R. Fielding, Associate Judge, Probate Court

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August 15, 1984

Opinion concerning the appropriation and usage of assets by a guardian.

Requested by: The Honorable W. R. Douglas, Probate Judge, Cherokee County

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August 13, 1984

Opinion as to the constitutionality of R569 of 1984.

Requested by: John G. Eaddy, Chairman, Clarendon County Republican Party

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July 26, 1984

Opinion as to whether County Council may require your office to house records of the Probate Court.

Requested by: The Honorable David E. Jenkins, Clerk of Court for Abbeville County

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July 24, 1984

Opinion as to whether the procedure set forth in § 21–5–510, et seq., South Carolina Code of Laws, 1976, as amended, providing for barring dower of a mentally incompetent wife, should continue to be followed.

Requested by: The Honorable Bobbie D. Wilson, Probate Judge, Laurens County

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July 23, 1984

Opinion as to what action the hospital and Probate Court should take when a detained person refuses to be examined by a doctor chosen by the family or friends or when the detainee requests a particular doctor.

Requested by: The Honorable Raymond C. Eubanks, Jr., Probate Judge, County of Spartanburg

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June 27, 1984

Opinion concerning publication of legal notices in South Carolina.

Requested by: Honorable Hugh K. Leatherman, Sr., Member, South Carolina Senate

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May 16, 1984

Opinion concerning the office of Probate Judge for Clarendon County.

Requested by: The Honorable C. Alexander Harvin, III, Member, House of Representatives

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May 15, 1984

Opinion as to whether a municipal court judge is eligible to serve as a juror for any court system other than his own.

Requested by: The Honorable M. L. Turner, South Congaree Town Recorder

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May 9, 1984

Opinion on the legality of the appointment of a special referee to preside over the public sale of property in Allendale County.

Requested by The Honorable Carroll E. Reeves, Judge of Probate, Allendale County.

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April 20, 1984

Opinion concerning a request made by Family Court Judge to retire under the Judges and Solicitors Retirement Act.  Judge served in various capacities, including Master for Lee County and Probate Judge for Lee County. These positions were covered by the South Carolina Retirement System, and on January 1, 1981, the judge retired from the State Retirement System with 39 1/2 years of service (determination by the Retirement System that there is nothing which prohibits a retired member under one System (here the State System) returning to employment covered by another System (here the Retirement System for Judges and Solicitors).

Requested by Honorable Ramon Schwartz, Jr., Speaker of the House, State of SC.

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March 6, 1984

Opinion as to the constitutionality of Bill H.3460, R–318, which would establish a fee schedule for marriage licenses issued by the Anderson County Probate Court.

Requested by: Governor, South Carolina

Read full opinion.

February 10, 1984

Opinion concerning whether one person may serve simultaneously as coroner of Marlboro County and as a part-time police officer for the Town of Clio, considering the dual office holding provisions of the Constitution of SC.

Requested by: Gary Hopkins, County Coroner

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October 24, 1983

Opinion on whether a probate may properly be dated before the date of the instrument, and additionally, whether the name in the probate should be identical to the signature, and the same throughout the instrument.

Requested by The Honorable Robert H. King, Register Mesne Conveyances, Charleston.

Read full opinion.

October 17, 1983

Opinion on whether a marriage license should be issued to members of the same sex.

Requested by The Honorable Martha D. Newton, Probate Judge for Anderson County.

Read full opinion.

July 26, 1983

Opinion on whether the Family Court must follow the procedure of Title 44, Chapter 21 of the Code of Laws of South Carolina, (1976), in the commitment of a child to the Department of Mental Retardation.

Requested by Charles D. Barnett, Ph.D., Commissioner, South Carolina State Department of Mental Retardation.

Read full opinion.

May 23, 1983

Opinion on compensation to judge of probate. 

Requested by Thurmond Bishop, Esquire, Abbeville.

Read full opinion.

May 5, 1983

Opinion on the filing of annual accountings of testamentary trust with the Probate Court.

Requested by The Honorable Alexander S. Macaulay, Member, South Carolina Senate.

Read full opinion.

 

April 8, 1983

Opinion on Section 44-17-870, Code of Laws of South Carolina (1976) as amended.

Requested by Honorable L.L. Henderson, Sheriff, Newberry County.

Read full opinion.

 

March 7, 1983

Opinion on whether the Marion County Council can order the closing of the public offices of the County one day per week in order to deal with a budget deficit.

Requested by William H. Seals, Esquire, Marion County Attorney.

Read full opinion.

 

January 24, 1983

Opinion on the acceptance of carbon copies of checks, proffered as evidence supportive of expenditures by a fiduciary in a final accounting procedure.

Requested by The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court, Spartanburg County.

Read full opinion.

 

November 29, 1982

Opinion concerning whether the Probate Judge of Colleton County may serve ex officio as Master-In-Equity.

Requested by: The Honorable Jackson V. Gregory

Read full opinion.

November 01, 1982

Opinion concerning whether or not an elected municipal council member may give a general proxy vote to another council member to be used at all times and for all purposes when the member giving the proxy is not present at council meetings.

Requested by: Carroll D. Padgett, Jr., Esquire, Attorney at Law

Read full opinion.

October 06, 1982

Opinion concerning the will of Spartan D. Granger, especially in relation to certain legacies which have lapsed because of death of the legatees are to be distributed in accordance with the residuary clause of the will or whether the lapsed shares become intestate property.

Requested by: The Honorable Ralph W. Drake, Judge of Probate

Read full opinion.

September 20, 1982

Opinion regarding whether § 8-21-770(b)(3) or § 21-15-1030, South Carolina Code of Laws, 1976, as amended, by 1979 Acts and Joint Resolutions, governs fees to be charged by the probate court when the court sells real estate in aid of deficient assets.

Requested by: The Honorable Patsy S. Stone, Judge of Probate, Florence County

Read full opinion.

September 14, 1982

Opinion regarding whether you may refuse to appoint a guardian for a minor when the sole basis for the appointment is to permit the minor to attend a particular school.

Requested by: The Honorable Rosemary Trakas, Probate Judge, Greenwood County

Read full opinion.

June 22, 1982

Opinion regarding the proposed consolidation of the Beaufort-Jasper County Water Authority and the Jasper County Water & Sewer Authority.

Requested by: Honorable Harriet H. Keyserling, Member, House of Representatives

Read full opinion.

June 11, 1982

Opinion as to whether H. 3963 (R-573) is constitutional and also whether this is an appropriation act for which the Governor has line item veto authority.

Requested by: The Honorable Richard W. Riley, Governor of South Carolina

Read full opinion.

June 07, 1982

Opinion concerning whether H. 3818 (R–493) and H. 3591 (R–489) are constitutional.

Requested by: The Honorable Richard W. Riley, Governor of SC

Read full opinion.

June 01, 1982

Opinion regarding whether the assets of a minor should be turned over to the Probate Court fo Calhoun County since Letters Dismissory have not been issued.

Requested by: The Honorable Marguerite S. Kinard, Judge of Probate for Colleton County

Read full opinion.

June 01, 1982

Opinion regarding whether public notice must be given prior to the appointment of a guardian of a minor in the Probate Court.

Requested by: The Honorable Daisy P. Porter, Probate Judge, County Courthouse

Read full opinion.

May 25, 1982

Opinion regarding if an order of the Chief Justice sufficient authority for the Orangeburg County Probate Judge to take complete control of the office of Calhoun County Probate Judge barring the Calhoun County Clerk of Court as Calhoun County Probate Judge therefrom.

Requested by: Mr. Furman R. Gressette, Calhoun County Attorney

Read full opinion.

May 21, 1982

Opinion concerning the Will of Spartan D. Granger and whether gifts to certain legatees pursuant to Item II(c) of the will have lapsed.

Requested by: The Honorable Ralph W. Drake, Probate Judge, Greenville County

Read full opinion.

May 12, 1982

Opinion concerning the eligibility of a candidate for the Office of Probate Judge in the Democratic Party primary in Fairfield County.

Requested by: Honorable John A. Martin, Senator

Read full opinion.

May 04, 1982

Opinion as to whether or not the office of probate judge in Richland County must be filled by an attorney.

Requested by: J. Lewis Cromer, Esquire, Office of the County Attorney, County of Richland

Read full opinion.

March 10, 1982

Opinion concerning the operation of the Dillon Marriage Chapel, which is owned and operated by the Dillon County Probate Judge.

Requested by: Charles E. Curry, Esquire

Read full opinion.

February 23, 1982

Opinion as to whether § 155 of the 1981 Appropriations Act (Act 178, Acts and Joint Resolutions of South Carolina, 1981) gives probate courts the authority to compel state employees to conduct mental examinations.

Requested by: Mr. Louis L. Rosen, Asst. Director, SC Court Administration, SC Supreme Court

Read full opinion.

January 20, 1982

Opinion as to whether ‘the recording officers have the authority to refuse a document for recording based on illegibility?’

Requested by: Mr. Harry D. Johnson, Register of Mesne Conveyances

Read full opinion.

December 7, 1981

Opinion on whether funeral expenses have priority in estate assets over estate and gift taxes owed by estate.

Requested by Mr. William R. Geddings, Jr., Director, Estate and Gift Tax Division, South Carolina Tax Commission.

Read full opinion.

October 28, 1981

Opinion on how the Town of Liberty should conduct a new election.

Requested by Mr. James F. Hendrix, State Election Commission.

Read full opinion.

October 22, 1981

Opinion on legal notice publication requirements to creditors pursuant to § 21-15-630 of the Code, notice of the issuance of letters of administration pursuant to § 21-15-90 of the Code, and notice of the final discharge pursuant to § 14-23-350 of the Code.

Requested by The Honorable Rosemary Trakas, Judge of Probate, Greenwood.

Read full opinion.

October 12, 1981

Opinion on the effective date of the operation of Section 20–7–3520, Code of Laws of South Carolina (1976), the provision which pertains to the prohibition against the incarceration of status offenders.

Requested by The Honorable David H. Maring, Chief Judge, Family Court of the Fifteenth Judicial Circuit.

Read full opinion.

September 30, 1981

Opinion on South Carolina Code Ann. § 15–1–20 (1976), extend the maximum twenty day period of emergency detention provided by § 44–17–410, if the twentieth day falls on Saturday, Sunday, or a legal holiday.

Requested by Larry W. Propes, General Counsel, South Carolina Department of Mental Health.

Read full opinion.

September 29, 1981

Opinion concerning the status of the municipal court under the unified judicial system, the South Carolina Supreme Court has determined that it is a part of the unified judicial system (§ 14-25-5(a), Code of Laws of South Carolina, 1976 (Cum.Supp.).

Requested by Thomas M. Boulware, Esquire, Attorney at Law, Barnwell.

Read full opinion.

August 21, 1981

Opinion on whether it would be a violation of a patient’s right to due process and a conflict of interest if staff physicians of a state mental institution conduct commitment examinations and participate as expert witnesses in the Probate Court in the commitment proceeding of a patient.

Requested by The Honorable Louis L. Rosen, Assistant Director, South Carolina Court Administration.

Read full opinion.

July 8, 1981

Opinion on H 2461, whether the Clerk  of the Court for Clarendon County is to receive the salary supplement appropriated for the office of the probate judge (office of Judge of Probate was abolished in 1931 in Clarendon County).

Requested by Honorable Gerald W. Burnett, Deputy Comptroller.

Read full opinion.

June 2, 1981

Opinion on the Probate Court’s authority to hold a physician in contempt for refusing to comply with an order to give a mental examination to a person for the purpose of civil commitment.

Requested by Mr. Louis L. Rosen, Assistant Director, South Carolina Court Administration.

Read full opinion.

May 13, 1981

Opinion on § 21-3-20(4), Code of Laws of South Carolina, 1976, as amended (whether half brothers and sisters inherit by way of intestacy to the exclusion of first cousins).

Requested by The Honorable Ralph W. Drake, Probate Judge, Greenville County.

Read full opinion.

March 19, 1981

Opinion on the duty of peace officers to transport patients who are hospitalized under the provisions of §§ 44-17-410, et seq., Code of Laws of South Carolina, (1976) as amended.

Requested by The Honorable Patsy S. Stone, Judge of Probate, Florence County.

Read full opinion.

March 16, 1981

Opinion on municipal courts as courts of record.

Requested by The Honorable Stephen S. Bartlett, Municipal Judge, City of Greenville.

Read full opinion.

February 11, 1981

Opinion on validity of the establishment of the Pickens County Water Authority.

Requested by Felix L. Finley, Jr., Esquire, Pickens County Attorney.

Read full opinion.

 

February 6, 1981

Opinion on whether various individuals are ‘state employees’ within the context of the State Appropriations Act for judicial commitments.

Requested by The Honorable Betty B. Greer, Probate Judge, Union County.

Read full opinion.

January 6, 1981

Opinion regarding should out-of-state property, either personal or real, be included in the total property evaluation for the purpose of computing fees to be collected by the Probate Court.

Requested by The Honorable Patsy S. Stone, Judge of Probate, Florence County.

Read full opinion.

October 31, 1980

Opinion on marriage and divorce; real property; inheritance, discrimination.

Requested by The Honorable Heyward McDonald, Chairman of the Joint Committee to Study the Probate Code.

Read full opinion.

October 13, 1980

Opinion on whether South Carolina law prohibits an illegitimate child from recovering for the wrongful death of his father.

Requested by The Honorable Patsy S. Stone, Probate Judge.

Read full opinion.

October 3, 1980

Opinion concerning judicial disqualification.

Requested by The Honorable Raymond C. Eubanks, Jr., Judge, Spartanburg County.

Read full opinion.

September 10, 1980

Opinion on what jurisdiction does § 14–21–510(A)(2), Code of Laws of South Carolina (1976), confer upon the family court and does the probate court have concurrent jurisdiction with the family court over the commitment of mentally retarded children.

Requested by Dr. William S. Hall, Commissioner, Department of Mental Health.

Read full opinion.

August 21, 1980

Opinion on § 8 Part 1 of R585 of 1980.

Requested by The Honorable Daisy P. Porter, Judge of Probate, Saluda County.

Read full opinion.

August 14, 1980

Opinion concerning whether a Probate Judge may be appointed as a Master in Equity by the Governor or as a Special Referee by the Circuit Court.

Requested by Melvin B. McKeown, Jr., Esquire, Spratt, McKeown & Spratt, York.

Read full opinion.

August 6, 1980

Opinion on salary of probate judge during their terms of office Section 8-21-760, Code of Laws, 1976 (Supp.).

Requested by The Honorable Shelton J. Parker, Probate Judge, Dorchester County.

Read full opinion.

July 30, 1980

Opinion on whether an associate judge may conduct a hearing when a probate judge has been disqualified (S. C. Code Ann. Section 14–23–1080 (1976)).

Requested by The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court.

Read full opinion

July 25, 1980

Opinion on provisions of Section 7-11-70 and Section 7-11-210 on general elections.

Requested by The Honorable Claudia W. Howard, Georgetown County Judge of Probate.

Read full opinion.

July 24, 1980

Opinion on the proper application of salary increases appropriated by the General Assembly for certain county officers, and related question.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General.

Read full opinion.

June 19, 1980

Opinion on Act No. 164 of 1979 (61 Stat. 311 (1979))regarding fees charged by clerks of court and registers of mesne conveyances (Section 8-21-310, Code of Laws of South Carolina, 1976, as amended).

Requested by W. Edward Mullineaux, Esquire, Staff Attorney, S. C. Court Administration.

Read full opinion.

June 16, 1980

Opinion concerning issuance of a marriage license of adoptive siblings (§ 20-1-10, Code of Laws of South Carolina, 1976).

Requested by C. Marshall Cain, Lybrand, Rich, Cain, Simons & Maxwell, Aiken.

Read full opinion.

June 16, 1980

Opinion on “extra allowance” for salaried official (Section 4-11-170, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Daisy P. Porter, Saluda County Probate Judge.

Read full opinion.

April 25, 1980

Opinion on whether the Probate Court should issue a marriage license to an adoptive brother and his sister.

Requested by The Honorable Marshall Cain, Member, South Carolina House of Representatives.

Read full opinion.

April 21, 1980

Opinion on fees of probate court (follow up to March 21, 1980 Opinion).

Requested by William A. Little, Esquire, Law Offices of Dusenbury, Hendrix & Little, Myrtle Beach.

Read full opinion.

April 21, 1980

Opinion on whether county employees, who work in the offices of county officers, but whose offices are not housed within the courthouse, are disqualified or exempted from jury service based on South Carolina Code Section 14-7-820 or Section 14-7-850.

Requested by M. Eve Moredock, Staff Attorney, S. C. Court Administration.

Read full opinion.

March 21, 1980

Opinion on whether the probate fees prescribed by Article 7 of Act 164 of the 1979 Acts should be charged on cases which were pending on the effective date of that Act and on which previous billings had not been made. Act 164 apparently took effect on July 1, 1979. See § 14-23-810, Code of Laws of South Carolina, 1976 (1979 cum supp).

Requested by John P. Herry, Esquire, Conway.

Read full opinion.

February 28, 1980

Opinion on whether certain provisions in the 1979-80 Union County Appropriation Ordinance may be changed.

Requested by William E. Whitney, Jr., Esquire, Union County Attorney.

Read full opinion.

February 12, 1980

Opinion concerning the propriety of issuing a charter for the incorporation of the referenced non-profit corporation.

Requested by The Honorable John T. Campbell, South Carolina Secretary of State.

Read full opinion.

February 11, 1980

Opinion on an estate where the boundary lines between Kershaw and Lancaster Counties have changed.

Requested by The Honorable Harriett S. Pierce, Judge of Probate Kershaw County.

Read full opinion.

February 7, 1980

Opinion on whether a probate judge could charge fees for services not covered by Act No. 164, 1979 Acts, and whether the Florence County Council could pass an ordinance setting fees for services not covered by Act No. 164.

Requested by The Honorable Patsy S. Stone, Judge of the Probate Court, Florence County.

Read full opinion.

January 25, 1980

Opinion on procedures to discharge a committee and appoint a replacement committee when a mentally retarded ward moves from the county where the original appointment of the committee was made.

Requested by The Honorable Joe A. Sanders, Associate Probate Judge, Probate Court Richland County.

Read full opinion.

January 21, 1980

Opinion on method currently employed by the Charleston County Council to select its chairman.

Requested by Anne C. Osborne, Esquire, Deputy County Attorney, Charleston County.

Read full opinion.

January 7, 1980

Opinion on terms of office for circuit judges.

Requested by The Honorable Heyward McDonald, Member, South Carolina Senate.

Read full opinion.

November 28, 1979

Opinion on whether the Court of Probate possess jurisdiction to determine the existence or nonexistence of a common-law marriage when such status is relevant to a determination of the proper heirs of an estate before the Probate Court (Sections 14–23–1150 and 14–21–1050, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Bobbie D. Wilson, Judge of Probate.

Read full opinion.

November 13, 1979

Opinion on business activities of trust departments of a bank serving as inter vivos trustee for individuals domiciled outside of South Carolina and performing management functions for the individual’s property in South Carolina and other related questions.

Requested by The Honorable Grady L. Patterson, Chairman, State board of Financial Institutions and The Honorable John T. Campbell, Secretary of State.

Read full opinion.

November 6, 1979

Opinion on approval of declaration and petition for incorporation of a non-profit organization.

Requested by The Honorable John T. Campbell, Secretary of State.

Read full opinion.

October 26, 1979

Opinion on the authority of the Probate Court to Civilly.

Requested by The Honorable James R. Metts, Sheriff, Lexington County.

Read full opinion.

October 12, 1979

Opinion on whether a guardianship for a particular child permits that child to attend school in your district.

Requested by W.B. Hawkins, Esquire, Attorney for Dillon County School District No. Two.

Read full opinion.

September 24, 1979

Opinion on the $3,000.00 appropriation made by the General Assembly for the offices of the Probate Judge and Clerk of Court in each county.

Requested by Frank E. Harrison, Esquire, McCormick County Attorney.

Read full opinion.

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