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South Carolina
JUDICIAL DEPARTMENT
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2014-05-07-01

The Supreme Court of South Carolina


ORDER


By Order dated August 14, 2003, the Honorable J. Michael Baxley was assigned to oversee all outstanding and future orders of the Courts of General Sessions committing criminal defendants to the facilities of the Department of Mental Health.  I find that these duties should be reassigned.

Now, therefore, pursuant to the provisions of S.C. CONST. Art. V, §4,

IT IS ORDERED that the Honorable Frank R. Addy, Jr. is vested with statewide jurisdiction over enforcement of all outstanding and future orders issued by Courts of General Sessions committing defendants to the Department of Mental Health pursuant to S.C. Code Ann. §§44-23-230 or 17-24-40.  This includes jurisdiction over any currently pending enforcement actions, any actions that may be initiated during the period this Order remains effective, as well as any actions by the Department of Mental Health to stay enforcement of such commitment orders.  Any pleadings related to the commitment orders shall be filed in the county where the commitment order was issued with a copy also mailed to Judge Addy and General Counsel of the Department of Mental Health.

IT IS FURTHER ORDERED that the Honorable Frank R. Addy, Jr. is vested with statewide jurisdiction over enforcement of all outstanding and future orders issued by Courts of General Sessions committing defendants to the Department of Disabilities and Special Needs pursuant to S.C. Code Ann. §44-20-450(8).  This includes jurisdiction over any currently pending enforcement actions, any actions that may be initiated during the period this Order remains effective, as well as any actions by the Department of Disabilities and Special Needs to stay enforcement of such commitment orders.  Any pleadings related to the commitment orders shall be filed in the county where the commitment order was issued with a copy also mailed to Judge Addy and General Counsel of the Department of Disabilities and Special Needs.

IT IS FURTHER ORDERED that the Honorable Frank R. Addy, Jr. is vested with statewide jurisdiction pursuant to §44-23-410(B) to consider motions by the Department of Mental Health or Department of Disabilities and Special Needs for an extension of time up to fifteen (15) days to complete a court-ordered examination, or an examination and observation.

This order shall take effect immediately and remain in effect until further order of this Court.

  s/Jean Hoefer Toal
Jean Hoefer Toal
Chief Justice

May 7, 2014
Columbia, South Carolina