South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

S. 88

STATUS INFORMATION

General Bill
Sponsors: Senator Bright
Document Path: l:\s-res\lb\010atto.hm.lb.docx

Introduced in the Senate on January 8, 2013
Currently residing in the Senate Committee on Judiciary

Summary: Prohibit Senators from representing certain persons in magistrate court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2012  Senate  Prefiled
  12/13/2012  Senate  Referred to Committee on Judiciary
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 66)
    1/8/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 66)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2012

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 22-1-40 OF THE 1976 CODE, RELATING TO APPEARANCE AS AN ATTORNEY IN A CASE BEFORE A MAGISTRATE, TO PROHIBIT SENATORS, THEIR FAMILY MEMBERS, AND LEGAL ASSOCIATES FROM REPRESENTING ANOTHER PERSON AS AN ATTORNEY AT LAW BEFORE A MAGISTRATE THE SENATOR RECOMMENDED TO THE GOVERNOR FOR APPOINTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 22-1-40 of the 1976 Code is amended to read:

"Section 22-1-40.    (A)    It shall be unlawful for any magistrate to appear as attorney at law in any of the courts of this State in any action which may have been before him in his official capacity as such magistrate. Any magistrate who violates the provisions of this section shall forfeit his office.

(B)    A senator, an individual with whom he is professionally associated, or a law firm with which he is associated or in which he is a partner may not represent another person as an attorney at law before a magistrate that the senator recommended to the Governor for appointment. A person who violates this subsection must be reported to the Office of Disciplinary Counsel at the Supreme Court for appropriate disciplinary action."

SECTION    2.    This act takes effect upon approval by the Governor.

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