South Carolina § 63-3-40 - Initial election.

§ 63-3-40. Initial election.

(A) The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

First Circuit	Four Judges
Second Circuit	Two Judges
Third Circuit	Three Judges
Fourth Circuit	Three Judges
Fifth Circuit	Four Judges
Sixth Circuit	Two Judges
Seventh Circuit	Four Judges
Eighth Circuit	Three Judges
Ninth Circuit	Seven Judges
Tenth Circuit	Three Judges
Eleventh Circuit	Four Judges
Twelfth Circuit	Three Judges
Thirteenth Circuit	Six Judges
Fourteenth Circuit	Four Judges
Fifteenth Circuit	Three Judges
Sixteenth Circuit	Three Judges

(B) In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties, at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

(C) No county in the sixth circuit shall have more than one resident family court judge.

(D) In addition to the judges authorized by this section, there must be eight additional family court judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 8, respectively.

HISTORY: 2008 Act No. 361, SECTION 2; 2012 Act No. 241, SECTION 2, eff June 18, 2012; 2016 Act No. 253 (H.4877), SECTION 1, eff June 7, 2016; 2022 Act No. 232 (H.3696), SECTION 2, eff June 17, 2022; 2025 Act No. 7 (H.3529), SECTION 1, eff April 28, 2025.

Editor's Note

2012 Act No. 241, SECTION 3, provides as follows:

"The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1 and 2, and the General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act."

2022 Act No. 232, SECTION 3, provides as follows:

"SECTION 3. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1 and 2. The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act."

2025 Act No. 7, SECTION 2, provides as follows:

"SECTION 2. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTION 1. The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act."

Effect of Amendment

The 2012 amendment added subsection (D).

2016 Act No. 253, SECTION 1, amended (D), adding two additional family court judges.

2022 Act No. 232, SECTION 2, in (A), in the "First Circuit" row, substituted "Four Judges" for "Three Judges", in the "Seventh Circuit" row, substituted "Four Judges" for "Three Judges", and in the "Sixteenth Circuit" row, substituted "Three Judges" for "Two Judges".

2025 Act No. 7, SECTION 1, in (A), in the "Ninth Circuit" row, substituted "Seven Judges" for "Six Judges" and in the "Eleventh Circuit" and "Fourteenth Circuit" rows, substituted "Four Judges" for "Three Judges".