S*572 Session 106 (1985-1986)
S*0572(Rat #0241, Act #0202 of 1985) General Bill, By McConnell,
W.E. Applegate, H.U. Fielding, P.B. McLeod and Ravenel
A Bill to amend Act 110 of 1981, as amended, relating to, among other things,
jury areas for magistrates' courts in the various counties of this State, so
as to provide for both civil and criminal jurisdiction for the centralized
magistrates' courts in Charleston County, and require the establishment of a
third centralized court in Charleston County, including the appointment of a
magistrate from that county at large without regard to residence in a
particular jury area.
04/23/85 Senate Intd. & placed on loc. & uncontested cal. w/o
referenc SJ-1714
04/24/85 Senate Read second time SJ-1742
04/25/85 Senate Read third time and sent to House SJ-1773
04/30/85 House Introduced and read first time HJ-2739
04/30/85 House Referred to Committee on Judiciary HJ-2740
05/15/85 House Committee report: Favorable Judiciary HJ-3191
05/16/85 House Read second time HJ-3253
05/16/85 House Reconsidered HJ-3254
05/16/85 House Referred to delegation from Charleston HJ-3255
06/05/85 House Delegation report: Favorable Charleston HJ-3931
06/05/85 House Read second time HJ-3931
06/06/85 House Read third time and enrolled HJ-4010
06/18/85 Ratified R 241
06/24/85 Vetoed by Governor
06/26/85 Senate Veto overridden by originating body Yeas-043
Nays-001 SJ-3034
06/26/85 House Veto overridden Yeas-076 Nays-000 HJ-4242
06/26/85 Effective date 06/26/85
06/26/85 Act No. 202
07/10/85 Copies available
(A202, R241, S572)
AN ACT TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO, AMONG OTHER THINGS,
JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THIS STATE, SO AS
TO PROVIDE FOR BOTH CIVIL AND CRIMINAL JURISDICTION FOR THE CENTRALIZED
MAGISTRATES' COURTS IN CHARLESTON COUNTY, AND REQUIRE THE ESTABLISHMENT OF A
THIRD CENTRALIZED COURT IN CHARLESTON COUNTY, INCLUDING THE APPOINTMENT OF A
MAGISTRATE FROM THAT COUNTY AT LARGE WITHOUT REGARD TO RESIDENCE IN A PARTICULAR
JURY AREA.
Be it enacted by the General Assembly of the State of South Carolina:
Centralized system in Charleston County
SECTION 1. The last paragraph of item (10) of Section 1 of Act 110 of 1981, as
last amended by Act 399 of 1982, is further amended to read:
"The magistrate system in Charleston County must be so organized in order
to provide for centralized magistrates' courts for the purpose of facilitating
and expediting civil and criminal matters as hereinafter provided:
(A) The centralized magistrates' courts have concurrent jurisdiction for civil
and criminal matters with the existing magistrates of Charleston County.
Plaintiffs in civil matters have the right to commence a case in either a central
magistrate's court or in a magistrate's court within a defined jury area. The
defendant in a magisterial civil matter may remove the case either from a central
magistrate's court to the defined jury area in which the defendant resides or the
defendant may remove the case from the defined jury area in which he resides to
a central magistrate's court. This removal must be by notification to the court
of origin and no cause for removal must be shown.
(B) The centralized magistrates' courts have jurisdiction over any type or
form of civil or criminal matter, including any procedural or substantive matter
or preliminary hearing or examination or bond or bail hearing or any other
criminal proceeding.
(C) The fees and charges for the central magistrates' courts are the same as
those prevailing in all magistrates' courts whether central or in a defined jury
area.
(D) Upon the effective date of this paragraph a central magistrate's court
must be established in the city of Charleston.
(E) Six months after the effective date of this paragraph a central
magistrate's court must be established in the city of North Charleston. However,
if the central magistrate's court in the city of North Charleston is not funded
and established as required by this item (E), then the central magistrate's court
in the city of Charleston established pursuant to item (D) must cease to exist
until the time the central magistrate's court in the city of North Charleston is
so funded and established.
(F) A third central magistrate's court must be established at the time and in
the location which a majority of the members of the General Assembly residing in
Charleston County determines. In addition to those magistrates assigned to the
seven jury areas, there must be appointed one magistrate from the county at large
without regard to residence in a particular jury area who must serve as the
magistrate of the central magistrate's court in the city of Charleston. Six
months after the effective date of this paragraph a second magistrate must be
appointed from the county at large without regard to residence in a particular
jury area who must serve as the magistrate of the central magistrate's court in
the city of North Charleston. A third magistrate must also be appointed at the
time as provided in item (F) from the county at large without regard to residence
in a particular jury area who, when appointed, must serve as the magistrate of
the central magistrate's court established pursuant to item (F)."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |