McCormick County Council v. Butler

Summary

The South Carolina Supreme Court held that the Clerk of Court has authority to assign offices and possess the keys to offices in the McCormick County Courthouse. The court relied on statutory provisions placing the clerk in charge of the courthouse and limiting county administrator authority over elected constitutional officers, and denied County Council’s request to stay the Chief Justice’s administrative order.

Holdings

1. The Clerk of Court has authority to assign offices in and possess the keys to offices in the county courthouse.
2. As administrative head of South Carolina's unified judicial system, the Chief Justice has authority to issue administrative orders controlling the courts in the State.

Questions Presented

1. Whether the Clerk of Court or the County Council has authority to assign offices and possess the keys to offices in the county courthouse.
2. Whether the Chief Justice had authority to issue an administrative order controlling courthouse administration.

Disposition

other