South Carolina Code 1-3-250. Appeal by officer removed by Governor
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In South Carolina Code 1-3-250
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State officer: means any of the following:
(a) the Governor;
(b) the Lieutenant Governor;
(c) the Secretary of State;
(d) the State Comptroller General;
(e) the State Treasurer;
(f) the Attorney General;
(g) the Superintendent of Education;
(h) the Commissioner of Agriculture; or
(i) the Adjutant General. See South Carolina Code 1-6-10
An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of § 1-3-240, shall have the right of appeal from any order of removal by the Governor under § 1-3-240 to the resident or presiding judge of the circuit in which the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon the officer of the order of the Governor removing him and shall state the grounds for the appeal and name the circuit judge to whom the appeal is taken. The Governor shall transmit to the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support of removal and return of service, and any other matter which in his judgment may be considered by the court. The circuit judge within twenty days after the taking of the appeal, or in such shorter time as may be practical, shall hear and determine the appeal, after giving to the parties reasonable notice of the time and place of hearing. The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit. Any appeal from the order of the circuit court must be taken in the manner provided by the South Carolina Appellate Court Rules.