Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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South Carolina | In re Anonymous Former Prob. Judge, 358 S.C. 1, 3 (2004) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Any such fees must be deposited into the general fund and cannot be used to directly compensate judges |
The Committee noted that this Court, in In the Matter of Johnson, 302 S.C. 532, 397 S.E.2d 522 (1990), had held that (1) fees collected for services rendered by a + See moreprobate judge in his capacity as probate judge are governed by Article 7 whether specifically enumerated therein or not, and (2) failure to deposit fees in the county fund was a violation of Canons 1 and 2A of the Code of Judicial Conduct, which require a judge to observe high standards of conduct and respect and comply with the law.
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South Carolina | Singletary v. Wilson, 191 S.C. 153, 3 S.E.2d 802, 804 (1939) | Other applicable caselaw | The admonition of constitutional provision, forbidding infliction of cruel and unusual punishment and imposition of excessive fines, is addressed to judiciary, as well as Legislature. |
It necessarily follows that the discretion of the trial Court in its determination of the amount of the penalty, where the maximum amount of the fine is not fixed by + See morethe statute, must be subject to be reviewed on appeal to this Court, if clearly abused, under Article I, Section 19 of the Constitution, which not only forbids the infliction of cruel and unusual punishment, but forbids the imposition of excessive fines.
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