Toal looks at Charleston court as model for state
Preliminary hearing court touted as efficient way to decide how court cases are handled BY HERB FRAZIER Of The Post and Courier Staff While a few counties are ahead of Charleston County in handling criminal cases, the Centralized Preliminary Hearing Court in North Charleston can be a model for the state, the chief justice of the S.C. Supreme Court said Monday. Established by the high court in 1986, the preliminary hearing court on Leeds Avenue is the oldest and best organized in the state at determining whether prosecutors should seek grand jury indictments and whether to modify a defendant's bond, Chief Justice Jean Toal said. A prosecutor, a police officer, the victim and the defendant's attorney attend preliminary hearings before Magistrate James Gosnell where quick decisions are made on how a case is handled, officials said. That is not the process followed in all counties, they said. "We want to see an organized management of the docket," Toal said at a gathering of court officials, private attorneys and a homicide detective. "What you are doing (in the preliminary hearing court) is great in the aiding of that." Assistant Solicitor Larry Todd, who prosecutes cases in the preliminary hearing court, said the county jail's population "would be worse without this, and cases would move a lot slower." The efficiency of the preliminary hearing court, Toal said, could be a model as more counties join a statewide case management system for criminal cases. The system would connect the courts with police agencies, prosecutors and defense attorneys, and part of it would be open to the public. Next year, she said, Charleston County is expected to become linked with the Internet-based court management system in Greenville, Pickens and Richland counties. Ninth Circuit Deputy Solicitor Scarlett Wilson said prosecutors have a failing computer-based case management system that is constantly being patched. "If it crashes, it will be a disaster for the whole county," she said. While officials complimented the preliminary hearing court, they said that after a case leaves the court, it can run into delays. Cases are stalled by a defendant's delay in choosing an attorney, Toal said. The chief justice said she might consider signing an order for Charleston County that would force defendants to pick an attorney quickly or possibly face a contempt of court charge. A statewide case management system, Toal said, would eliminate roll call sessions that are held at least weekly. During those sessions, defendants are asked if they have an attorney and if they want a jury trial. Toal said the case management system will determine how each case should be handled. Each case would be placed on a separate track, depending on its complexity and seriousness. Less serious cases could move along more quickly, she said.
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