S 1308 Session 111 (1995-1996)
S 1308 General Bill, By Senate Judiciary
A Bill to amend Section 20-7-1370, as amended, Code of Laws of South Carolina,
1976, relating to the qualifications of family court judges, so as to provide
that no family court judge may serve more than two complete terms; and to
amend Section 22-1-10, relating to appointment and terms of magistrates, so as
to provide that no magistrate may serve more than three complete terms.
03/28/96 Senate Introduced, read first time, placed on calendar
without reference SJ-5
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 28, 1996
S. 1308
Introduced by Judiciary Committee
S. Printed 3/28/96--S.
Read the first time March 28, 1996.
A BILL
TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO
PROVIDE THAT NO FAMILY COURT JUDGE MAY SERVE
MORE THAN TWO COMPLETE TERMS; AND TO AMEND
SECTION 22-1-10, RELATING TO APPOINTMENT AND
TERMS OF MAGISTRATES, SO AS TO PROVIDE THAT NO
MAGISTRATE MAY SERVE MORE THAN THREE COMPLETE
TERMS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Subsections C., D., and E. of Section 20-7-1370
of the 1976 Code are amended to read:
"C. No family court judge may serve more than two
complete terms. Upon the effective date of this section, a person
who is in the last year of a second term as a member of the family
court is not eligible for a seat on the family court. No family court
judge is required to vacate his seat during any term for which he
was elected.
D. The terms of all family court judges expire on the
thirtieth day of June of the year in which their terms are scheduled
to expire.
D. E. For the purpose of electing family court
judges, if more than one judge is to be elected from a circuit, each
judgeship in that circuit shall be serially numbered beginning with
the number (1) and the General Assembly shall elect a judge for
each such judgeship. Any candidate for the office of family court
judge in a circuit shall specifically file and run for a
serially-numbered judgeship in that circuit.
E. F. When a vacancy occurs for an unexpired
term in an office of family court judge, the Governor, upon
recommendation of the Chief Justice, shall commission a temporary
family court judge to fill such the vacancy until
such time as the General Assembly shall elect a successor who shall
serve for the remainder of the unexpired term. Such
The temporary family court judge shall receive as
compensation for his services the salary paid to a regular family
court judge and in addition thereto shall also receive the subsistence
and mileage as authorized by law for family court judges."
SECTION 2. Section 22-1-10(A) of the 1976 Code 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. No magistrate may serve more than three complete
terms. Upon the effective date of this section, a person who is in
the last year of a third term as a magistrate is not eligible to be
appointed as a magistrate. No magistrate is required to vacate his
seat during any term for which he was appointed.
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 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."
SECTION 3. This act takes effect upon ratification of the
amendments to Sections 7, 9, and 20 of Article III of the
Constitution of this State; Sections 3, 8, and 13 of Article V of the
Constitution of this State; and Sections 1 and 7 of Article VI of the
Constitution of this State, and to the addition of appropriate
provisions to Article III of the Constitution of this State, relating to
the creation of a joint budget committee, and appropriate provisions
to Article XVII of the Constitution of this State, relating to the
enactment of statutory laws by initiative petition.
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