By FITSNews || Fees for filing motions in family court (and the court of common pleas) would be tripled under new legislation introduced Thursday by S.C. Judiciary Chairman Jim Harrison, the latest example of state lawmakers looking to milk as much money out of taxpayers as they possibly can.
The fee for filing motions is currently $25 – Harrison’s bill would make it $75.
Harrison’s legislation – H. 4595 – would also create a new $150 fee for complaint petitions in civil actions and would double the current fees for summons, complaint petitions and filings in magistrate’s court.
As FITS reported prior to the start of the 2010 legislative session, South Carolina’s “Republican” state lawmakers are looking to pass a host of backdoor fee, fine and tax increases on the people of South Carolina, who are currently suffering through the longest and deepest economic recession in eight decades.
This is just the latest example of that broader effort.
Frankly, we think Harrison’s bill is shameless – although it’s about what we’d expect coming from a guy who received an “F” grade on the recently released S.C. Club for Growth fiscal scorecards.
People shouldn’t have to fork over money to avail themselves of the state’s legal system, and doubling and tripling fines in any economic environment – let alone this one – is “criminal” in our book.
Fortunately, S.C. Sen. Tom Davis has shepherded a bill through the State Senate that would force state lawmakers to take a vote on each proposed fee, fine or tax hike. That’s much better than the current method – which allows these “revenue enhancements” to become law after ninety days if no legislative action is taken.
To read more on Davis’ bill, click here.
Unfortunately, it’s been sitting on the calendar in the House Ways & Means Committee for four weeks, people, which shows you the sort of priority that is given to the rare piece of legislation that’s aimed at helping the taxpayers.
Anyway, if you’d like to tell Rep. Harrison what you think of his effort to ramp up your court costs, here’s his contact info.
WEB EXTRA
H. 4595
EDITOR’S NOTE: This story came to us from a loyal reader as part of our “FITS Fee Watch” program, which we implemented last year to keep an eye on the unnoticed fee, fine and tax hikes lawmakers like to sneak into legislation or the state budget. If you know of any new government fee, fine or tax increase that’s being proposed, email us and we’ll start investigating it immediately.
By stand828 February 19, 2010 at 12:26 am
Jean Toal is not gonna be happy. She changes the rules to let Harrison’s kid practice law even though she failed the bar exam, she gave him the ruling he wanted in the stimulus fight with Sanford, she stands ready to grant his next request, and this is the thanks? Has he forgotten how the good ol’ boy system works?
Maybe Harrison finally sees just how Ms. Toal uses taxpayer money to reward friends, family and their pregnant girlfriends with desirable, well-paying jobs at taxpayer’s expense, all the while whining about the effects of budget cuts on the judiciary. Let them use the increases to pay their own way for a while…
By Oh Boy February 19, 2010 at 2:29 am
FITS, I thought you would see this as a good thing? This will keep injured people and many more from filing in court for remedies adn get them to seek self help instead. This will likely cut down on litigation, esp. for poorer people who were only suing over say $1500 or a few thousand bucks. This strikes me as something Republican’s would be thrilled about???
By Liberty For Me February 19, 2010 at 6:59 am
$150 fee for complaint petitions ….This is insane..
People dont understand how these things effect the economy…
By HIPAA Violator February 19, 2010 at 7:48 am
Sic:
You forgot to mention the fact that the bill has an exemption for Harrison’s daughter — she’ll only be subject to the current fee schedule, while the rest of the Bar will pay the higher rates.
By Ynotfirst February 19, 2010 at 7:57 am
abominable
By PasserBy February 19, 2010 at 8:48 am
I think Toal will be very happy: according to the Supreme Court website, the Judiciary will be in the red again this year & I’m guessing that’s where all these extra fees will go.
If this hits, I’m sure it’ll be passed on directly to everyone involved in court matters. Kind of like increasing taxes on a utility and not expecting the company to pass it on directly to the consumers.
By Don't know what you are talking about February 19, 2010 at 8:54 am
It is about time they raised them. They are way under the cost and make it too easy to file suit against others. I say raise them more and maybe it will free up some court time and stop unnecessary lawsuits!!!!!!!!!!!
By aeb February 19, 2010 at 9:23 am
Stand828,
If you had bothered to read the bill, you would see that the money goes to the Judicial Department.
By PasserBy February 19, 2010 at 9:38 am
I took another look at this: if you think its going to stop “unnecessary lawsuits”; that’s unlikely: maybe for smaller court stuff. But, according to what it says online, domestic actions are “civil” cases, so the fees will also jump in divorces, child custody and those kinds of cases too.
By FITSNews February 19, 2010 at 9:45 am
PB:
Bingo. The bill is targeting fee increases on the most common legal filings.
-FITS
By Hmmmmm February 19, 2010 at 10:03 am
The first $450,000 collected goes to the State Prosecution Commission of which Trey Gowdy is chairman… hmmmm
“the first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall must be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts;”
So now Civil Courts and taxpayers will be paying more to prosecute criminals. The Solicitor’s offices dont need the money – each attorney has 2 computers plus blackberry’s – what a joke. They throw more money away than most people see in a year.
Why not put this money directly in a fund to hire more judges. Currently all the SC Judges law clerks lose their jobs on March 1st. And the Judges will be flying solo until the end of summer.
By Jim Harrison February 19, 2010 at 11:55 am
Will:
Thought that you might want to at least talk about this before writing this but … I thought wrong.
Jim
By Moniker Lewinsky February 19, 2010 at 12:03 pm
Queen Jean was chatting with Harrison on the House floor an hour or so before the bill was filed.
By Moniker Lewinsky February 19, 2010 at 12:06 pm
Queen Jean was chatting with Harrison on the House floor an hour or so before the bill was filed. This is HER bill.
By Don't know what you are talking about February 19, 2010 at 1:05 pm
I am still for higher fees in any court. It will make people stop and think in most all cases. Divorce court doesn’t count because sometimes it is worth it no matter what the cost is! Raise the fees even higher! By the way, user fees are the best way to pass on government costs!
By WHATTHE.... February 19, 2010 at 1:06 pm
This is sooo wrong! When are they going to impeach good OLD queen jean?! We, the people of SC have got to pull in the reins! _hit SHE Pisusss me off!
By Horace Wedgefield February 19, 2010 at 2:29 pm
FITS:
This is the worst idea ever! Think about this: Magistrate Courts were created to handle the dinky $1,500.00 “my back aches” claim, in an effort to free up the Circuit Court for the real cases. This proposed legislation would raise the filing fee in Magistrate’s Court to the same amount that is charged for filing in Circuit Court. If this passes, what is compelling the $1,500 claimant to stay in Magistrate’s Court? Its not cheaper anymore. All this will do is flood the Circuit Court with even more backlog.
By Reader February 19, 2010 at 5:24 pm
This would not be a problem if the courts were ALSO empowered to make the award of filing fees a presumptive element of recovery on any motion. If you file a motion to compel discovery and you win, the other side SHOULD pay you for making you go through the hoops. But, if you file a motion and lose, then the filing fee was an effective penalty (albeit small).
I don’t like the system of awarding all legal costs to a victor since that places too much at stake and chills the vigorous pursuit of relief, but the basic filing fees for workaday motions should be taxed to the loser.
By Liberty For Me February 19, 2010 at 9:13 pm
” Don’t know what you are talking about”…perfect name for you.This has to be the dumbest comment I have ever read…
We could also raise the fees so that 80% of the population cant afford to file…That would get rid of 80% of the “unnecessary” lawsuits and make misdemeanor theft legal….
If I remember right..justice is also available for the common man
By Liberty For Me February 19, 2010 at 9:34 pm
“Horace Wedgefield”..You know the answer to your stated scenario.They will fix that problem by raising circuit court fees to $500…TA DAH!!
By Overruled February 19, 2010 at 10:31 pm
Chief Toal can’t get her funding just like every other agency this year so she passes it on the backs of the litigants involved. The simplest divorce case and custody battle costs just went up. This doesn’t really effect the businesses that litigate daily as they usually have the money, but it really affects the common man. They have to at least raise the levels of magistrates court to 15 or 20k or you’re going to kill the circuit courts. In a civil case half the time you have to file suit merely to get the adjuster to disclose the limits, something they have to do the moment you file anyway. They raised the filing fees once already this decade and implemented the motions fee. Before long access to the courts is going to be for those that can afford it, just like getting access to public officials.
By Say what? February 20, 2010 at 8:53 pm
Liberty for me:
Typical Democratic reply. There has to be some deterent to filing these crazy lawsuits. There is no common man, just trial lawyers looking for a settlement. Make it tough on them just to make it fair. If you have ever been sued by one of these crazy trial attorneys, all democrats by the way, you would know better!!!!!!!!!!!!!
By Stevens1892 February 21, 2010 at 7:44 am
Somebody needs to gag Harrison, tie him up and keep him somewhere until June. The man’s an idiot…but a dangerous idiot at that.
By Liberty For Me February 21, 2010 at 6:18 pm
Say what?..Your so stupid you dont know what civil court is …Yeah all the peole here know how much of a Democrat I am…What a moron.
Yeah,only trial lawyers get divorces or have to evict tenants….(Please dont comment unless you have a brain)
By Walking Around Money February 22, 2010 at 2:11 pm
Say What,
You are a moron, plane and simple. You do realize the the prison lawyers (those in jail) do not have to pay the fee? Also, you do realize that 70% of cases filed in common pleas are businesses suing businesses or individuals. Tort cases make up about 20% of the cases filed in this state. Majority of the courts time is spent in criminal matters and complex business litigation.
By shawn July 7, 2011 at 2:54 pm
Have a question and not sure where to go to ask….but if you cant afford to pay for a court cost can you sit it out in jail or will you sit in there until its paid…i live in myrtle beach sc…the court cost is 41.00…any idea how long i would have to stay? Thanks