H 4378 Session 112 (1997-1998)
H 4378 General Bill, By Wilkins, T. Brown, Cotty, Harrison, Knotts, Mason,
Meacham, Moody-Lawrence, Riser, Sandifer, Simrill, Stille, Stuart, Walker and
Whipper
Similar(S 885)
A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" INCLUDING
PROVISIONS TO ADD SECTION SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA,
1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA
POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED,
RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT
ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM
THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN
THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE
COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH
POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT
THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE;
AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT
MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO
AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO
TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY
SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE
ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A
MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A
FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY
1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF
SECTION 22-1-10(B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION
22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO
HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION
22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE
SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION
EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND
SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES,
SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT,
TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION
OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY
EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN
MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO
ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE
SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO
AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING
THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF
ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND
SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES,
SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO
BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE
SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF
REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE
MAGISTRATES' COURTS SYSTEM.
12/17/97 House Prefiled
12/17/97 House Referred to Committee on Judiciary
01/13/98 House Introduced and read first time HJ-35
01/13/98 House Referred to Committee on Judiciary HJ-36
03/18/98 House Committee report: Favorable with amendment Judiciary
03/24/98 House Requests for debate-Rep(s). Canty, Cave,
Harrison, Young, Byrd, Howard, Woodrum, McGee,
J. Smith, Easterday, Hamilton & R. Smith HJ-17
03/26/98 House Amended HJ-40
03/26/98 House Committed to Committee on Ways and Means HJ-51
04/23/98 House Committee report: Favorable with amendment Ways
and Means HJ-43
04/29/98 House Requests for debate-Rep(s). Fleming, Harrison,
Kirsh, Robinson, Leach, J. Smith, Young, Scott,
Cotty & Woodrum HJ-24
04/29/98 House Amended HJ-61
04/29/98 House Read second time HJ-84
04/29/98 House Roll call Yeas-110 Nays-1 HJ-84
04/30/98 House Read third time and sent to Senate HJ-23
05/05/98 Senate Introduced and read first time SJ-9
05/05/98 Senate Referred to Committee on Judiciary SJ-9
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 29, 1998
H. 4378
Introduced by Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown,
Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser,
Moody-Lawrence, Walker and Meacham
S. Printed 4/29/98--H.
Read the first time January 13, 1998.
A BILL
TO ENACT "THE MAGISTRATES COURT REFORM ACT
OF 1998" INCLUDING PROVISIONS TO ADD SECTION
9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS
TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN
THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT
SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED,
RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO
PROVIDE THAT COURT ADMINISTRATION AFTER
CONSULTING WITH EACH COUNTY GOVERNING BODY
SHALL INFORM THE SENATORS REPRESENTING THE
COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN
THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED
BY EACH POSITION, THE COMPENSATION FOR EACH
POSITION, AND THE AREA OF THE COUNTY TO WHICH
EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR
AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS
APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR
ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1,
2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT
MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE
DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE
THAT A MAGISTRATE COMPLETE CERTAIN TRIAL
OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND
SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY
SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A
MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002,
MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE
AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR
AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR
BACCALAUREATE DEGREE AND TO PROVIDE THAT
MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE
REQUIRED TO MEET THE HIGHER EDUCATION
REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING
THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS
TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO
MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED
THE CERTIFICATION EXAMINATION; TO ADD SECTION
22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO
MAKE RECOMMENDATIONS TO THE SUPREME COURT
REGARDING THE ELIGIBILITY EXAMINATION,
CERTIFICATION EXAMINATION, AND CONTINUING
EDUCATION REQUIREMENTS FOR MAGISTRATES; TO
AMEND SECTION 22-1-30, AS AMENDED, RELATING TO
SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO
PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY
WITH RETIREMENT, TRAINING, OR EXAMINATION
REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO
SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME
COURT; SO AS TO ESTABLISH AN ELIGIBILITY
EXAMINATION THE RESULTS OF WHICH MUST BE USED
BY THE SENATORIAL DELEGATION IN MAKING
NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD
SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY
EXAMINATION THE RESULTS OF WHICH MUST BE USED
BY THE SENATORIAL DELEGATION IN MAKING
NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO
AMEND SECTION 22-2-200, RELATING TO
ACCOMMODATIONS TAX REVENUE AS AFFECTING
NUMBER OF MAGISTRATES, SO AS TO CONFORM THE
PROVISION WITH APPOINTMENT OF ADDITIONAL
MAGISTRATES DEPENDENT UPON ACCOMMODATIONS
TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING
TO FULL-TIME AND PART-TIME MAGISTRATES AND
SALARIES, SO AS TO PROVIDE FOR A NEW SALARY
SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE
APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX
REVENUES AND TO REQUEST THE SUPREME COURT TO
MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND
HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES
RECOMMENDING ADDITIONAL CHANGES IN THE
MAGISTRATES' COURTS SYSTEM.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act is known and may be cited as the
'Magistrates Court Reform Act of 1998'.
SECTION 2. Section 22-1-10(A) and (B) of the 1976 Code, as last
amended by Act 136 of 1991, is amended to read:
"(A) The Governor, by and with the advice and consent of the
Senate, may appoint magistrates in each county of the State for a term
of four years and until their successors are appointed and qualified.
Magistrates serving the counties of Abbeville, Allendale, Bamberg,
Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton,
Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster,
Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and
Williamsburg shall serve terms of four years commencing May 1,
1990. Magistrates serving the counties of Aiken, Anderson, Barnwell,
Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield,
Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington,
Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and
York shall serve terms of four years commencing May 1, 1991.
At least ninety days before the date of the commencement of the
terms provided in the preceding paragraph and every four years
thereafter, each county governing body, must inform, in
writing, the Senators representing that county of the number of
full-time and part-time magistrate positions available in the county,
the number of work hours required by each position, the
compensation for each position, and the area of the county to which
each position is assigned. If the county governing body fails to
inform, in writing, the Senators representing that county of the
information as required in by this section,
then the compensation, hours, and location of the full-time
and part-time magistrate positions available in the county remain as
designated for the previous four years.
Each magistrate's number of work hours, compensation, and work
location must remain the same throughout the term of office, except
for a change (1) specifically allowed by statute or (2) authorized by
the county governing body at least four years after the magistrate's
most recent appointment and after a material change in conditions has
occurred which warrants the change. Nothing provided in this
section prohibits the raising of compensation or hours and
compensation during a term of office. No magistrate may be paid for
work not performed except for bona fide illness or as otherwise
provided by law.
The number of magistrates to be appointed for each county and
their territorial jurisdiction are as prescribed by law before March 2,
1897, for trial justices in the respective counties of the State, except
as otherwise provided in this section.
(B) No person is eligible to hold the office of magistrate who is not
at the time of his appointment a citizen of the United States and of
this State, and who has not been a resident of this State for at least
five years, has not attained the age of twenty-one years upon his
appointment, and has not received a high school diploma or its
equivalent educational training as recognized by the State
Department of Education.
Notwithstanding the educational qualifications required in this
subsection, after July 1, 1999, no person is eligible to hold the office
of magistrate who has not at the time of his appointment received a
minimum of a four-year baccalaureate degree except as otherwise
provided in Section 22-1-15(C)."
SECTION 3. The 1976 Code is amended by adding:
"Section 22-1-12. (A) A magistrate whose initial
appointment begins on or after May 1, 1999, may not try a case until
a certificate is filed with the Clerk of the Supreme Court stating that
the magistrate has observed ten trials. The certificate shall state the
name of the proceeding, the dates and the tribunals involved, and be
attested to by the judge conducting the proceeding.
(B) The required trial experiences must include the following:
(1) four criminal cases in a magistrates court, two of which must
be in a magistrates court where he will not preside;
(2) four civil cases in a magistrates court, two of which must be
in a magistrates court where he will not preside;
(3) one criminal jury trial in circuit court; and
(4) one civil jury trial in circuit court.
(C) The trial experiences may be undertaken and completed any
time after a person has been nominated by the senatorial delegation
for the position of magistrate."
SECTION 4. Section 22-1-15 of the 1976 Code is amended to
read:
"Section 22-1-15. (A) The provisions of the
first paragraph of Section 22-1-10(B) of the 1976 Code
do not apply to a magistrate serving on January 1, 1989,
during his tenure in office. A magistrate presently holding office
must achieve a high school education or the equivalent educational
training as recognized by the State Department of Education within
two years of January 1, 1989, and must submit a certified
copy of his high school diploma or certified proof of its recognized
equivalent in educational training as established by the State
Department of Education to the South Carolina Court Administration.
However, this requirement does not apply to a magistrate with at least
five years' service as a magistrate on January 1, 1989. The South
Carolina Court Administration must report to the Governor's Office
a magistrate's failure to submit the proper documentation and such
violation terminates that magistrate's term of office.
(B) Notwithstanding the provisions of subsection (A), a
magistrate who is appointed to the office of magistrate after July 1,
1999, must have a four-year baccalaureate degree and must submit
certified proof to the South Carolina Court Administration that he has
received this degree or a higher educational level. The South
Carolina Court Administration must report to the Governor's Office
a magistrate's failure to submit the proper documentation, and such
violation terminates that magistrate's term of office.
(C) The provisions of subsection (B) of this section and the second
paragraph of Section 22-1-10(B) do not apply to a magistrate serving
on July 1, 1999, during his tenure in office."
SECTION 5. The 1976 Code is amended by adding:
"Section 22-1-17. (A) The South Carolina Court
Administration is authorized to establish a two-year program
available to magistrates who have successfully completed the
certification examination. The program must provide extensive
instruction in civil and criminal procedures and must encourage
magistrates to develop contacts and resources of information in
conjunction with their instructors and fellow magistrates.
(B) The program shall be administered through the state's technical
college system and may be used to facilitate continuing legal
education opportunities for all magistrates.
(C) The funding for this program shall be provided from fees and
costs collected by magistrates or magistrates' courts and deposited in
the general fund of the county; provided, however, that no county
shall be required to pay for this program more than the revenues
generated in that county by one dollar of the forty-one dollar fees
imposed pursuant to Sections 34-11-70(b) and (c) and 34-11-90(c)
and (d)."
SECTION 6. The 1976 Code is amended by adding:
"Section 22-1-19. An advisory council shall be established in
order to make recommendations to the Supreme Court regarding the
eligibility examination, certification examination, and continuing
education requirements for magistrates. The council shall submit an
annual report to the Chief Justice of the Supreme Court or his
designee. The council shall consist of:
(1) a member appointed by the South Carolina Bar upon the
recommendation of the South Carolina Trial Lawyers Association;
(2) a member appointed by the South Carolina Bar upon the
recommendation of the South Carolina Association of Criminal
Defense Lawyers;
(3) a representative designated by the Criminal Justice Academy;
(4) a representative designated by the Summary Court Judges
Association;
(5) a representative designated by the Dean of the University of
the South Carolina School of Law;
(6) a representative designated by the Chairman of the Senate
Judiciary Committee;
(7) a representative designated by the Chairman of the House
Judiciary Committee;
(8) a consumer representative designated by the Governor;
(9) a representative of the South Carolina Victims Assistance
Network;
(10) a representative of the South Carolina Solicitor's Association;
(11) a representative of the South Carolina Sheriff's Association;
and
(12) a representative designated by the South Carolina Legal
Services Association."
SECTION 7. Section 22-1-30 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 22-1-30. A magistrate may be suspended or removed
by order of the Supreme Court pursuant to its rules for incapacity,
misconduct, or neglect of duty. A magistrate's failure to retire in
accordance with Section 22-1-25 or a magistrate's failure to comply
with training and examination requirements of Section 22-1-10(C)
may subject him to suspension or removal by order of the Supreme
Court."
SECTION 8. The 1976 Code is amended by adding:
"Section 22-2-5. (A) The South Carolina Court
Administration, in cooperation with the technical college system,
shall select and administer an eligibility examination to test basic
skills of persons seeking an initial appointment as a magistrate after
July 1, 1999. In determining the persons to be recommended to the
Governor for initial appointments as magistrates after July 1, 1999,
a senatorial delegation must use the results of these eligibility
examinations to assist in its selection of nominees. The results of
these eligibility examinations are valid for six months of the time the
appointment is to be made.
(B) The Court Administration shall establish guidelines for
exempting persons from taking the examination if certain prescribed
educational equivalency requirements have been met.
(C) The Court Administration, in cooperation with the technical
college system, shall develop an optional examination preparatory
course."
SECTION 9. Section 22-2-200 of the 1976 Code is amended to
read:
"Section 22-2-200. The provisions of Sections 8-21-1010,
8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-2-30,
and Chapter 8 of Title 22 may in no way be construed to mandate the
reduction of the total number of magistrates in any county which
generates four million dollars or more annually in accommodations
tax revenue. This in no way prohibits the county which generates
four million dollars or more annually in accommodations tax revenue
from increasing the number of its magistrates notwithstanding the
provisions of this chapter or Chapter 8 of Title 22."
SECTION 10. Section 22-8-40 of the 1976 Code is amended to
read:
"Section 22-8-40. (A)(1) The county governing
body of each county shall designate magistrates serving within the
county as either full time or part time. A county is not required to
have a full-time magistrate and may have only part-time magistrates.
(2) The Court Administration must review and approve
each county's designation of full-time and part-time magistrates. The
total amount paid in magistrates' salaries for a county shall not
exceed the total amount of salaries calculated for that county
specified by subsections (B) through (G) of this section. Counties are
prohibited from supplementing the salaries of magistrates. With the
approval of Court Administration, a magistrate and the appropriate
county governing body may contract with a municipality to preside
over its court in the manner provided by law.
(B) All magistrates in this State must be paid by the county by
which they are employed and paid the a base
salary as determined by the following factors:
(1) There is established a base salary for each population
category as follows:
(a) for those counties with a population of two
one hundred fifty thousand and above, according to
the latest official United States Decennial Census, the base salary is
twenty-nine thousand dollars fifty-five percent of a circuit
judge's salary as of July 1, 1999;
(b) for those counties with a population of at least one
hundred fifty thousand but not more than one hundred
ninety-nine forty-nine thousand, nine hundred
ninety-nine, according to the latest official United States Decennial
Census, the base salary is twenty-seven thousand dollars
forty-five percent of a circuit judge's salary as of July 1,
1999;
(c) for those counties with a population of at least one
hundred thousand but not more than one hundred forty-nine
thousand, nine hundred ninety-nine, less than fifty
thousand according to the latest official United States Decennial
Census, the base salary is twenty-five thousand
dollars thirty-five percent of a circuit court judge's salary as
of July 1, 1999, and;
(d) for those counties with a population of at least fifty
thousand but not more than ninety-nine thousand, nine hundred
ninety-nine, according to the latest official United States Decennial
Census, the base salary is twenty-two thousand dollars A
base increase must be provided by the county in an amount
equivalent to the annualized percentage of funding for pay increases
for state employees plus any legislatively provided bonuses when the
annual state general appropriations act of the previous fiscal year
provides same;
(e) for those counties with a population of at least
thirty-five thousand but not more than forty-nine thousand, nine
hundred ninety-nine, according to the latest official United States
Decennial Census, the base salary is nineteen thousand dollars; and
(f) for those counties with a population of
less than thirty-five thousand, according to the latest official United
States Decennial Census, the base salary is seventeen thousand
dollars.
(2) The following salary schedule shall be used to
determine a magistrates's annual compensation:
(a) upon being appointed a magistrate, a magistrate shall be
paid seventy percent of the salary rate for his county's population
category;
(b) upon completing the requirements of Sections 22-1-10(C)
and 22-1-12, a magistrate shall be paid eighty percent of the salary
rate for his county's population category;
(c) upon the magistrate's completion of his second year in
office, a magistrate shall be paid eighty-five percent of the salary rate
for his county's population category;
(d) upon the magistrate's completion of his third year in
office, a magistrate shall be paid ninety percent of the salary rate for
his county's population category;
(e) upon the magistrate's completion of his fourth year in
office, a magistrate shall be paid one hundred percent of the salary
rate for his county's population category.
(3) The provisions of this subsection are effective July 1,
1999.
(C) The number of magistrates shall be determined
using the following factors:
(2)(1) There is established a ratio of one magistrate
for every twenty-eight thousand persons in each county of the State
based on the latest official United States Decennial Census.
(3)(2) There is established a ratio of one magistrate
for every one hundred fifty square miles of area in each county of the
State as a factor to be used in determining the base salary as
provided in this section.
(3) Notwithstanding the provisions of subsection
(D), the maximum number of magistrates in each county is the
greater of that number determined by taking one magistrate for every
twenty-eight thousand persons in each county or that number
determined by taking the average of the ratio of one magistrate for
every twenty-eight thousand persons in each county as provided by
item (2) (1) of this section
subsection and the ratio of one magistrate for every one
hundred fifty square miles of area in each county as provided in item
(3) (2) of this section subsection.
However, no county is required to have fewer than the equivalent
of one full-time magistrate and one part-time magistrate. If a
fraction of a magistrate results, the county must round off
up the fraction, establishing an additional part-time
magistrate. No additional magistrates may be added until a county
has less than the ratio.
(D) In addition to the maximum number of magistrates
prescribed in subsection (C), additional magistrates may be appointed
as determined using the following formula:
(1) For counties which collect accommodations tax revenues of
five hundred thousand to nine hundred ninety-nine thousand, nine
hundred ninety-nine dollars, one additional magistrate may be
appointed.
(2) For counties which collect accommodations tax revenues of
one million to two million, nine hundred ninety-nine thousand, nine
hundred ninety-nine dollars, two additional magistrates may be
appointed.
(3) For counties which collect accommodations tax revenues of
three million to four million, nine hundred ninety-nine thousand, nine
hundred ninety-nine dollars, three additional magistrates may be
appointed.
(4) For counties which collect accommodations tax revenues of
five million dollars and above, four additional magistrates may be
appointed.
(C)(E) Part-time magistrates are to be computed
at a ratio of four part-time magistrates equals one full-time
magistrate.
(D)(F) Part-time magistrates are entitled to a
proportionate percentage of the salary provided for full-time
magistrates. This percentage is computed by dividing by forty the
number of hours a week the part-time magistrate spends in the
performance of his duties. The number of hours a week that a
part-time magistrate spends in the exercise of the judicial function,
and scheduled to be spent on call, must be the average number of
hours worked and is fixed by the county governing body and
upon the recommendation of the chief magistrate.
(E) A cost of living increase must be paid by the county
in the amount provided classified state employees in the annual state
general appropriations act of the previous fiscal year. The base
salaries provided for in this Part must be adjusted annually based on
the percentage amount of the cost of living increase paid to classified
state employees in the annual state general appropriations act of the
previous fiscal year.
(F)(G) A full-time chief magistrate must be paid
a yearly supplement of three thousand dollars and reimbursed for
travel expense as provided by law while in the actual performance of
his duties. In counties with more than one full-time magistrate,
the term of office for chief magistrate is two years, and the office
must be rotated among the magistrates as determined by court
administration. A part-time chief magistrate must be paid a
yearly supplement of fifteen hundred dollars and reimbursed for
travel expense as provided by law while in the actual performance of
his duties.
(H)(G) Magistrates in a county are entitled to the
same perquisites as those employees of the county of similar position
and salary.
(H)(I) A ministerial magistrate is entitled to the
same compensation as a part-time magistrate.
(I)(J) A magistrate who is receiving a salary
greater than provided for his position under the provisions of this
chapter must not be reduced in salary during his tenure in office.
Tenure in office continues at the expiration of a term if the incumbent
magistrate is reappointed.
(J)(K) No A county may
not pay a magistrate a salary lower than the
base salary established for that county by the provisions of
subsection (B) of this section.
(K) Nothing in this section may be interpreted as
prohibiting a county from paying a magistrate more than the base
salary established for that county.
(L) The South Carolina Court Administration shall monitor
compliance with this section. Nothing contained in this section
may be construed as prohibiting a county from paying salaries in
excess of the minimum base salaries provided for in this
section."
SECTION 11. Section 8-21-1010 of the 1976 Code, as last amended
by Act 678 of 1988, is further amended to read:
"Section 8-21-1010. (A) Except as otherwise
expressly provided, the following fees and costs must be collected by
the magistrates and deposited in the general fund of the county:
(1) for taking civil recognizance, with or without sureties, five
dollars;
(2) for granting an order for civil special bail, with or without
sureties, five dollars;
(3) for receiving and filing bond in claim and delivery,
attachment, five dollars; if justification of sureties required, an
additional five dollars;
(4) for administering and certifying oaths or documents in
writing, two dollars;
(5) for issuing any prerogative writ, five dollars;
(6) in all civil actions, for issuing a summons and a copy for
defendant, and for giving judgment with or without a hearing,
twenty-five forty-five dollars;
(7) for issuing execution and renewal thereof, ten dollars;
(8) for making up, certifying, and forwarding a transcript of
record and judgment in a case for purpose of appeal, ten dollars;
(9) for proceedings by a landlord or lessor against a tenant or
lessee, including notices to quit, eviction orders, or recovery of rents,
ten twenty dollars;
(10) for proceedings on a coroner's inquest, as prescribed by law,
ten dollars, if inquest is demanded by a party other than the State or
county or authorized officer of either;
(11) for proceeding on estrays, including judgment for
possession, sale, or damages, ten dollars;
(12) for qualifying appraisers to set off homestead or qualifying
sureties on a bond posted in a case, including bail bonds, five dollars;
(13) for each tax execution collected, five dollars;
(14) for filing or issuing any other paper not provided for in this
section, five dollars.
(B) No Fees or costs may not be
assessed against a party for summoning jurors or expense of jury
service in a criminal case in which a trial by jury is had."
SECTION 12. Section 34-11-70(b) and (c) of the 1976 Code is
further amended to read:
"(b) Any court, including magistrate's, may dismiss a case
under the provisions of this chapter for want of prosecution. When
any prosecutions are initiated under this chapter, the party applying
for the warrant is held liable for all reasonable administrative costs
accruing not to exceed twenty forty-one dollars if the
case is dismissed for want of prosecution. Unless waived by the
court, the party applying for the warrant shall notify, orally or
otherwise, the court not less than twenty-four hours before the date
and time set for trial that full restitution has been made in connection
with the warrant, and the notification relieves that party of the
responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution
initiated pursuant to the provisions of this chapter on satisfactory
proof of restitution and payment by the defendant of all
administrative costs accruing not to exceed twenty
forty-one dollars submitted before the date set for trial after
the issuance of a warrant."
SECTION 13. Section 34-11-90(c) and (d) of the 1976 Code is
further amended to read:
"(c) After a first offense conviction for drawing and uttering
a fraudulent check or other instrument in violation of Section
34-11-60 within its jurisdiction, the court shall, at the time of
sentence, suspend the imposition or execution of a sentence upon a
showing of satisfactory proof of restitution and payment by the
defendant of all reasonable court costs accruing not to exceed
twenty forty-one dollars. For a second and
subsequent convictions for violation of Section 34-11-60, the
suspension of the imposition or execution of the sentence shall be
discretionary with the court.
(d) After a conviction or plea for drawing and uttering a fraudulent
check or other instrument in violation of Section 34-11-60 and the
defendant is charged or fined, he shall pay in addition to the fine all
reasonable court costs accruing, not to exceed twenty
forty-one dollars, and the service charge provided in Section
34-11-70."
SECTION 14. The Supreme Court is requested to hold a public
hearing and make a report to the respective Chairmen of the Senate
and House of Representatives' Judiciary Committees by March 15,
2000, with recommendations for additional changes in the
magistrates courts system.
SECTION 15. Section 22-3-10 of the 1976 Code, as last amended
by Act 48 of 1997, is further amended to read:
"Section 22-3-10. Magistrates have concurrent civil
jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money
only, if the sum claimed does not exceed five thousand
seven thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the
person or personal or real property, if the damages claimed do not
exceed five thousand seven thousand five hundred
dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount
claimed or forfeited does not exceed five thousand seven
thousand five hundred dollars;
(4) in actions commenced by attachment of property, as
provided by statute, if the debt or damages claimed do not exceed
five thousand seven thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of
money, not exceeding five thousand seven thousand five
hundred dollars, though the penalty exceeds that sum, the
judgment to be given for the sum actually due, and when the
payments are to be made by installments an action may be brought
for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the
penalty or amount claimed does not exceed five thousand
seven thousand five hundred dollars;
(7) in any action upon a judgment rendered in a court of a
magistrate or an inferior court when it is not prohibited by the South
Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant
in the manner prescribed by law when the amount confessed does
not exceed five thousand seven thousand five
hundred dollars;
(9) in any action for damages or for fraud in the sale, purchase,
or exchange of personal property, if the damages claimed do not
exceed five thousand seven thousand five hundred
dollars;
(10) in all matters between landlord and tenant and the
possession of land as provided in Chapters 33 through 41 of Title 27;
(11) in any action to recover the possession of personal property
claimed, the value of which, as stated in the affidavit of the plaintiff,
his agent, or attorney, does not exceed the sum of five
thousand seven thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed
counterclaim involves a sum not to exceed five thousand
seven thousand five hundred dollars, except that this
limitation does not apply to counterclaims filed in matters between
landlord and tenant and the possession of land."
SECTION 16. This act takes effect July 1, 1999, except Sections 11,
12, and 13 which take effect January 1, 1999.
-----XX----- |