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South Carolina
JUDICIAL DEPARTMENT
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2008-02-21-01
The Supreme Court of South Carolina

The Supreme Court of South Carolina

RE: Amendment to 403(g), SCACR


ORDER


Pursuant to Article V, § 4 of the South Carolina Constitution, Rule 403(g), SCACR, is amended to read:

(g) Judge Advocate General Lawyers. The Judge Advocate General’s Corps of any service of the Armed Forces of the United States (including the United States Coast Guard) shall be considered a jurisdiction for the purposes of (f) above. Further, for the purposes of (f) above, an attorney who has been a judge advocate for three years or more, either active or reserve, may use a court-martial with members as equivalent experience for the trial experience required in (c)(2) and may use a separation action or other adverse personnel action before a formal board of officers as equivalent experience for the trial experience required by (c)(4). Additionally, an attorney who has served on active duty as a judge advocate for three (3) years or more may submit a letter from a military judge or staff judge advocate with personal knowledge of the attorney attesting to the attorney’s trial competence, and this letter shall have the same effect as the letter from a judge under (f) above. The military judge or staff judge advocate submitting the letter must have the rank of Colonel or above in the Army, Air Force, or Marines or Captain or above in the Navy or Coast Guard. All other requirements of (f) must be complied with.

This amendment is effective immediately.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

Columbia, South Carolina

February 21, 2008