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STATE EX REL. RILEY v. MARTIN

21105

274 S.C. 106 (1980)

262 S.E.2d 404

STATE of South Carolina ex relatione Richard W. RILEY, Governor of the State of South Carolina, and Daniel R. McLeod, Attorney General of the State of South Carolina, Plaintiffs, v. John A. MARTIN, Individually and in his official capacity as Chief Judge-elect of the South Carolina Court of Appeals; and Robert C. Lake, Jr., Theo Walker Mitchell, John P. Gardner, Sr., and Thomas L. Hughston, Jr., Individually and in their official capacities as Associate Judges-elect of the South Carolina Court of Appeals, Defendants.

Supreme Court of South Carolina.

January 4, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Senior Asst. Atty. Gen. Karen LeCraft Henderson, Columbia, for plaintiffs.

James P. Fields, Jr., M. Elizabeth Crum, and Randall T. Bell, Columbia, for defendants.

January 4, 1980.

Per Curiam:

The General Assembly of South Carolina enacted at its 1979 Session Act No. 164 which, under Part IV-A thereof, created, effective July 1, 1980, a Court of Appeals for the State, consisting of five (5) members; and the defendants were elected by the General Assembly to serve as the members of the newly created court. Thereafter, this action was, by permission, brought in the original...

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