South Carolina

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Housing - Evictions

Legislation

May 9, 2024
Three eviction RTC bills introduced
The SC legislature considered three bills in 2023 that would have provided certain tenants with a right to counsel in eviction matters.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Sexually Dangerous Persons - Commitment

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 25, 2023
SC enacts law permitting ineffective assistance of counsel challenges to commitment
There is a right to counsel in sexually violent predator commitment matters, and commitment can be challenged based upon ineffective assistance.
Read More
Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Discretionary

Abuse/Neglect/Dependency - Children

Qualified

Adult Protective Proceedings - Protected Person

Discretionary

All Basic Human Needs

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Other subject area

Categorical

Quarantine/Isolation

Categorical

Sexually Dangerous Persons - Commitment

Categorical

Termination of Parental Rights (Private) - Birth Parents

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Discretionary

Truancy - Petition Against Child