Legal Opinion · Dissent

Alston v. Black River Electric Cooperative

Court of Appeals of South Carolina

Decided January 24, 2000No. 3105Published

1DissentAnderson, Judge

I respectfully dissent. The majority concludes jurors who are members of an electric cooperative, which is a party to the suit, are eligible to serve as jurors, subject to a challenge for cause in the particular case. I disagree.

ISSUE

Should South Carolina adopt a per se rule of disqualification from jury service for members of an electric cooperative who is a party to the case?

LAW/ANALYSIS

Fundamental to our system of courts is the tenet that litigants are guaranteed a fair and impartial jury. See Brown v. S.H. Kress & Co., 170 S.C. 178, 170 S.E. 142 (1933). South Carolina Code Ann. §…

2Cases cited18 opinions

  1. Grady Paul Chestnut v. Ford Motor CompanyCourt of Appeals for the Fourth Circuit · 1971
  2. State v. ThomlinsonSouth Dakota Supreme Court · 1960
  3. Bookhart v. Central Electric Power Cooperative, Inc.Supreme Court of South Carolina · 1951
  4. Lamar Electric Membership Corp. v. CarrollCourt of Appeals of Georgia · 1953
  5. Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961

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