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Associate Probate Judge

The purpose of the class is to perform advanced judicial and legal duties: in decision-making processes; in planning and in supervising multiple aspects of the Court (depending on the direction of the Probate Judge); in participating in the management of the Probate Court as well as the Probate Court Office; and in performing duties or tasks as assigned directly by the Probate Judge. This class works within broad policy and organizational guidelines, does independent planning and implementation, and reports progress of major activities through periodic conferences and meetings.

Essential job functions include:

• In the absence of the Probate Judge, the Associate Probate Judge makes command decisions related to the office, staff operations, case processing procedures, and case management.
• Formally presides over and makes judicial decisions regarding Probate Court cases, including, but not limited to, mental health hearings, chemical dependency hearings, hearings related to conservatorships and guardianships, approval of minor settlements, hearings related to estates and probate, and hearings pertaining to trusts.
• Conducts hearing for emergency mental health or chemically dependent commitments as well as hearing for judicial (non-emergency) mental health or chemically dependent commitments. Holds Rule to Show Cause hearings for patients who fail to comply with the Court-Ordered treatment.
• Conducts hearings on all aspects of estates, including how assets are disbursed or distributed, Right to Demand Hearing cases, disagreements over fees to the Personal Representative or to others involved, contested appointment of Personal Representative, disagreement over the actions of the Personal Representative, approval of sale of real estate within the estate during the probate process, Rules to Show Cause for contempt cases, Declaratory Judgements, determination of the validity of a will, determination of whether a copy of a will can be admitted as an original Will, restraint of Personal Representative, demand for bond of Personal Representatives, and any other legal proceeding authorized by Title 62 as it pertains to estates.
• Conducts hearings for Petitions to Determine Heirs, assists attorneys in preparing for these cases, and ensure that the pleadings and notice given are procedurally proper.
• Conducts hearings to review and approve minor settlements, and to determine if a minor conservatorship is required or if the funds may be disbursed in another methodology. If a minor conservatorship is required, ensure that all legal requirements (Restricted Account Agreements, Bond, Inventory & Appraisement, Annual Accounting, Applications and Orders for Expenditures, Final Accounting, Discharge Paperwork, etc.) are met throughout the life of case (until the minor turns majority).
• Conducts hearings to determine if a person is an incapacitated adult and if so, to appoint a conservator and/or a guardian. Follow the cases throughout the life of the incapacitated person and ruling on all issues of contention regarding the incapacitated person including, but not limited to: movement of the incapacitated adult, funding issues, expenditures, placement, medical care, upkeep of main residence, actions of the guardian and conservator, actions of the incapacitated adult, etc. Holds hearing for Rules to Show Cause if guardian/conservator/bank or other entity fail to perform their fiduciary duties. Calls in bonds if required. Works closely with banking institutions, investment firms, the guardian and/or conservator, bonding institutions, health care facilities.
• Drafts, reviews, and executes orders for the decisions rendered in the hearings. Conducts extensive research on case law and code sections to ensure that decisions are in accordance with precedent and to confirm the accuracy of research presented to the Court.
• Informally presides over and makes decisions regarding expenditures, investments, monthly budgets, and release of funds of conservatorship estates; executes orders or drafts letters in accordance; meets with families on various issues of conservatorships/guardianships; and conducts exit interviews when minor turns eighteen to turn the conservatorship funds over and close the file.
• Primary reviewer of all Family Settlement Agreements that come through the Court. Approves or rejects Family Settlement Agreements. If approved, follows through with Estate Clerk by staffing to ensure that the terms of the Family Settlement Agreement are complied with by the Personal Representative.
• Serve as legal guide for attorneys on all aspects of the Probate Court to ensure that pleadings and court filings comply with applicable statutes.
• Prepares written "guides" for attorneys and lay persons to help guide them through the various Court processes.
• Prepare procedural guidelines for the Probate Court staff to ensure uniformity in all aspects of our daily operation.
• Serves as first reviewer in conjunction with the Probate Judge of documents submitted to the clerks that are questionable such as if a Will contains an original signature, interpretation of Will clauses, and determination of lineage for intestate cases.
• Drafts numerous letters and emails to attorneys and families to explain what needs to be corrected in erroneous filings.
• Serves to assist the Probate Judge in his or her required duties, including participation at meetings, on committees, or similar type of liaison-type organizations; discusses issues and corresponds directly with personnel and organizations that work with the Probate Court.
• Supervises assigned staff. Supervisory duties include instructing; assigning, reviewing and planning work of others; maintaining standards; coordinating activities; selecting new employees; acting on employee problems; recommending and approving employee discipline; and recommending discharge as appropriate.
• Reviews the work of assigned staff for completeness and accuracy; makes recommendations for improvement as necessary; offers training, advice and assistance as needed.
• Prepares case files for court; monitors case status; assists in auditing and striking cases from active status as appropriate.
• Oversees the preparation and maintenance of accurate, complete, and confidential court records.
• Handles status conferences and pre-trial conferences with attorneys on issues that can be handled outside the courtroom setting.
• Confers with various County departments, individuals, agencies and organizations regarding court cases, including judges, attorneys, Department of Juvenile Justice personnel, DSS personnel and others.
• Works closely with Probate Courts across the state for transfer of venue cases both into the Court and from the Court to another Court.
• Directly responsible for handling any recusal cases sent by Court Administration from the litigation aspect to the administration of the case.
• Performs general administrative and clerical duties as required including, but not limited to, typing reports and correspondence, ordering and maintaining office supplies and equipment, entering and retrieving computer data, sending and receiving faxes, copying and filing documents, answering the telephone, etc.
• Provides complex legal research and assistance to the Judge of Probate and office staff upon the request and direction of the Judge of Probate.
• Works with judges around the state to organize and speak at various Continuing Legal Education classes for both judges and attorneys; to amend the forms for the new guardianship and conservatorship code; and revise the current commitment forms with the Department of Mental Health; to draft new filings for the revisions to the estate Code revisions, to work on conformity with the Department of Motor Vehicles, and any other issues that arise where the South Carolina Associate of Probate Judges can work with another agency or organization to rectify problems to best serve our families and for the proper administration of the law.
• Speaks at civic meetings, clubs, groups such as AARP, church groups, elder groups, and others that seek education on the Probate Court.
• Manage commitment process during an emergency, which include, transport of patients, dismissal of patients, admission of patients, conducting hearings remotely, and any other issues or challenges that arise with the hospital. Associate Judge is required to handle the entire caseload on a 24/7 basis.
• Attends training, meetings, seminars and/or workshops as required to enhance job knowledge and skills.
• Provides technical guidance and assistance to office staff as necessary.
• Performs other related job duties as assigned.

Qualifications:

Education and Experience: Undergraduate degree plus Juris Doctorate from an American Bar Association (ABA) accredited law school. Requires at least five (5) years of related work experience with experience in Probate Court, mental health, conservatorships and guardianships, trusts (including Special Needs Trusts), determination of heirs' property, estates, and all other areas covered under Title 62.

Additional Requirements:

Special Qualifications: Licensed Member of the South Carolina Bar Association or similar state bar. Current on Continuing Legal Education (CLE) and other South Carolina requirements. Must possess Notary Certification. Please upload a copy of your CV.

Work Environment: Work is performed dealing with crisis situations that require making major decisions involving people, resources, and property. Dorchester County has the right to revise this job description at any time. This description does not represent in any way a contract of employment. Position Type and Expected Hours of Work: This is a full-time position; typical work hours and days are Monday through Friday, 8:30 a.m. to 5:00 p.m. Some flexibility in hours is allowed, but employees must be available during the "core" work hours of 9:00 a.m. – 4:00 p.m. and must work 40 hours each week to maintain full-time status. Employees must be available to work evenings