Tax Dollars at Work? The South Carolina’s Digital Court System Favors the Wealthy and Powerful

Hold SC Courts Accountable!

SOUTH CAROLINA COURTS

Quinten Boyle and Jason Boyle

8/21/20243 min read

In South Carolina, the legal system is rigged in favor of those with wealth and power, leaving ordinary citizens, those the government officials are elected to protect, at a severe disadvantage. The issue at hand revolves around the state’s digital court system, accessible only to attorneys, while those who choose to represent themselves, known as pro se litigants—are left out in the cold.

The term pro se refers to individuals who represent themselves in legal matters without the assistance of a lawyer. It’s a choice often made by those who cannot afford the steep fees of legal representation or who simply prefer to take matters into their own hands. However, in South Carolina, pro se litigants are up against a system that seems designed to exclude them. This disadvantage makes it harder to hold those in power accountable and allows those in power to have free reign without the fear of consequences.

The state’s court website, sccourts.org, proudly boasts about the advantages of its digital platform, yet these benefits are restricted to attorneys. Lawyers can file documents online until 11:59 p.m. on the day before they’re due, track their cases on their phones, and receive real-time updates. Meanwhile, pro se litigants are forced to submit their documents in person or by mail before the courthouse by 4:45 p.m. They don’t have the luxury of filing from the comfort of their homes, nor do they receive instant updates—often leaving them in the dark until they can log on manually or wait for updates by mail. This is a stark disadvantage, especially when deadlines are unforgiving.

This digital divide raises serious questions about the legality and ethics of such a system. How can a government-funded platform be restricted to a select group of people? Tax dollars, collected from all citizens, are being used to maintain a system that only serves a privileged few—primarily the wealthy who can afford lawyers. This isn’t just unfair; it’s an abuse of public funds and a glaring example of systemic corruption that benefits those in the ivory towers of power, including elected officials.

Consider the case of Mrs. Pierce, a pro se litigant who was simultaneously running for parliament in Uganda and dealing with legal issues in Oconee County, South Carolina, in June 2023. Mrs. Pierce needed to file a motion within 30 days but encountered a series of obstacles simply because she was representing herself. The court didn’t accept debit card payments or international checks, leaving her with no viable way to meet the deadline from abroad because she could not mail cash from Uganda. Despite her best efforts to plead with the court, she missed the deadline—an error that could have easily been avoided had she had access to the same digital tools as the opposing party’s lawyer, who could file with the click of a button from anywhere in the world.

This example highlights the broader issue: pro se litigants are forced to navigate a system stacked against them. While lawyers can file documents from the comfort of their homes or even from a beach, pro se litigants must take time out of their day, mail documents and a cashier's check ahead of time, or drive to the courthouse and pay in cash by filing in person. The situation is made worse by the fact that pro se litigants don’t receive timely updates, leaving them at a disadvantage in preparing their cases.

The implications of this system are troubling. It essentially creates a two-tiered justice system: one for the wealthy and powerful, and one for everyone else. When tax dollars fund a system that only serves a small segment of the public, it’s not just unfair—it’s a form of tax fraud. The government, in this case, it is clear the SOuth Carolina courts are interested in maintaining a system that benefits the elite rather than serving the needs of all its citizens.

If South Carolina’s court system is to truly serve justice, it must be accessible to everyone, not just those with the right credentials or money to pay lawyers that do. The current system not only undermines the principles of fairness and equality but also erodes public trust in the judiciary. It’s time to demand a system that offers equal access to all citizens, regardless of their financial standing. Anything less is a betrayal of the very values our legal system is supposed to uphold.