S*1 Session 107 (1987-1988)
S*0001(Rat #0806, Act #0678 of 1988) General Bill, By T.E. Smith
A Bill Sections 8-21-1010 and 8-21-1060, Code of Laws of South Carolina, 1976,
relating to fees collected by magistrates, so as to alter the schedule of fees
and to allow magistrates to award attorneys' fees; to amend Section 22-1-10,
relating to the appointment of magistrates, so as to establish their terms and
to define their qualifications; to amend Section 22-2-10, relating to
Senatorial recommendation of magistrates, so as to delete provisions allowing
preferential elections; to amend the 1976 Code by adding Chapter 8 to Title 22
so as to provide for magistrates' compensation and for the funding of the
operation of their offices; to require the transfer of counterclaims, which if
successful would exceed two thousand five hundred dollars, from magistrate's
court to the court of common pleas, to allow the increase of the number of
magistrates in counties which generate four million dollars or more in
accomodations tax revenue, and to allow an additional part-time magistrate in
counties having a population of fifteen thousand or less in certain instances;
to allow appeals by magistrates of rulings by county governing bodies; to
amend Sections 14-11-10, 14-11-20, 14-11-30, 14-11-60, and 14-11-310, relating
to Masters-in-Equity, so as to require, as a part of the unified judicial
system, a Master-in-Equity court for counties having a population of at least
one hundred thirty thousand and to permit the other counties to have part-time
Masters-in-Equity or to join other counties in creating the office, to
increase the terms of Masters-in-Equity from four to six years, and to
establish qualifications for the office, require an oath, and to prohibit or
limit the practice of law by Masters-in-Equity, to provide for funding of
Masters-in-Equity offices, to provide for the compensation of
Masters-in-Equity, to provide for special Masters-in-Equity when the office of
Master-in-Equity is vacant, and to alter the fee which Masters-in-Equity may
collect; to amend Sections 14-27-20, 14-27-30, and 14-27-40, relating to the
Judicial Council, so as to provide that two family court judges and two
Masters-in-Equity must be appointed to the Council by the Chief Justice of the
Supreme Court, to allow designees to serve instead of ex officio members, and
to establish terms of the members; to amend the 1976 Code by adding Section
14-11-15 so as to provide that the Master-in-Equity is the judge of the equity
court, a division of the circuit court; to amend Sections 8-21-760 and
14-23-1040, relating to probate judges, so as to provide for their
compensation, to require funding of the operation of the probate court by the
county, and to establish qualifications for holding the office; to amend the
1976 Code by adding Sections 8-21-765 and 9-11-25 so as to provide a
compensation schedule for probate judges and to allow them to participate in
the Police Officers Retirement System; and to repeal Sections 14-11-90,
14-11-140, 14-11-320, and 22-2-180 relating to Masters-in-Equity and
magistrates.-amended title
09/08/86 Senate Prefiled
09/08/86 Senate Referred to Committee on Judiciary
01/13/87 Senate Introduced and read first time SJ-42
01/13/87 Senate Referred to Committee on Judiciary SJ-44
04/28/87 Senate Committee report: Favorable with amendment
Judiciary SJ-1531
04/29/87 Senate Read second time SJ-1585
04/29/87 Senate Ordered to third reading with notice of
amendments SJ-1585
05/27/87 Senate Special order SJ-2403
06/04/87 Senate Debate adjourned SJ-2777
01/13/88 Senate Debate interrupted SJ-28
01/14/88 Senate Debate interrupted SJ-17
02/16/88 Senate Amended SJ-23
02/17/88 Senate Amended SJ-23
02/17/88 Senate Debate interrupted SJ-30
02/18/88 Senate Amended SJ-52
02/18/88 Senate Debate interrupted SJ-52
02/23/88 Senate Debate interrupted SJ-30
02/25/88 Senate Debate interrupted SJ-40
03/02/88 Senate Amended SJ-42
03/02/88 Senate Read third time and sent to House SJ-45
03/02/88 House Introduced and read first time HJ-1687
03/02/88 House Referred to Committee on Judiciary HJ-1690
05/19/88 House Committee report: Favorable with amendment
Judiciary HJ-3880
05/24/88 House Special order, set for following Sen. Amendments
on calendar (Under H 4307) HJ-3997
05/26/88 House Amended HJ-4157
05/26/88 House Read second time HJ-4197
05/26/88 House Unanimous consent for third reading on next
legislative day HJ-4197
05/27/88 House Read third time HJ-4259
05/27/88 House Returned HJ-4259
05/31/88 Senate Non-concurrence in House amendment SJ-7
05/31/88 House House insists upon amendment and conference
committee appointed Reps. Wilkins, Hayes &
Hodges HJ-4445
06/01/88 Senate Conference committee appointed Sens. Tom Smith,
McConnell, Hayes
06/20/88 House Free conference powers granted HJ-4835
06/20/88 House Free conference committee appointed Wilkins,
Hayes & Hodges HJ-4839
06/20/88 House Free conference report received HJ-4839
06/20/88 House Free conference report adopted HJ-4866
06/20/88 Senate Free conference powers granted SJ-35
06/20/88 Senate Free conference committee appointed Sens. Tom
Smith, McConnell, Hayes SJ-35
06/20/88 Senate Free conference report received SJ-35
06/20/88 Senate Free conference report adopted SJ-35
06/20/88 Senate Ordered enrolled for ratification SJ-70
06/21/88 Ratified R 806
07/25/88 Signed By Governor
07/25/88 Act No. 678
07/25/88 See act for exception to or explanation of
effective date
08/08/88 Copies available
(A678, R806, S1)
AN ACT TO AMEND SECTIONS 8-21-1010 AND 8-21-1060, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FEES COLLECTED BY MAGISTRATES, SO AS TO ALTER THE
SCHEDULE OF FEES AND TO ALLOW MAGISTRATES TO AWARD ATTORNEY'S FEES; TO AMEND
SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO ESTABLISH
THEIR TERMS AND TO DEFINE THEIR QUALIFICATIONS; TO AMEND SECTION 22-2-10,
RELATING TO SENATORIAL RECOMMENDATIONS OF MAGISTRATES, SO AS TO DELETE PROVISIONS
ALLOWING PREFERENTIAL ELECTIONS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO
TITLE 22 SO AS TO PROVIDE FOR MAGISTRATES' COMPENSATION AND FOR THE FUNDING OF
THE OPERATION OF THEIR OFFICES; TO REQUIRE THE TRANSFER OF COUNTERCLAIMS, WHICH
IF SUCCESSFUL WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, FROM MAGISTRATE'S
COURT TO THE COURT OF COMMON PLEAS, TO ALLOW THE INCREASE OF THE NUMBER OF
MAGISTRATES IN COUNTIES WHICH GENERATE FOUR MILLION DOLLARS OR MORE IN
ACCOMMODATIONS TAX REVENUE, AND TO ALLOW AN ADDITIONAL PART-TIME MAGISTRATE IN
COUNTIES HAVING A POPULATION OF FIFTEEN THOUSAND OR LESS IN CERTAIN INSTANCES;
TO ALLOW APPEALS BY MAGISTRATES OF RULINGS BY COUNTY GOVERNING BODIES; TO AMEND
SECTIONS 14-11-10, 14-11-20, 14-11-30, 14-11-60, AND 14-11-310, RELATING TO
MASTERS-IN-EQUITY, SO AS TO REQUIRE, AS A PART OF THE UNIFIED JUDICIAL SYSTEM,
A MASTER-IN-EQUITY COURT FOR COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED
THIRTY THOUSAND AND TO PERMIT THE OTHER COUNTIES TO HAVE PART-TIME
MASTERS-IN-EQUITY OR TO JOIN OTHER COUNTIES IN CREATING THE OFFICE, TO INCREASE
THE TERMS OF MASTERS-IN-EQUITY FROM FOUR TO SIX YEARS, AND TO ESTABLISH
QUALIFICATIONS FOR THE OFFICE, REQUIRE AN OATH, AND TO PROHIBIT OR LIMIT THE
PRACTICE OF LAW BY MASTERS-IN-EQUITY, TO PROVIDE FOR FUNDING OF
MASTERS-IN-EQUITY OFFICES, TO PROVIDE FOR THE COMPENSATION OF MASTERS-IN-EQUITY,
TO PROVIDE FOR SPECIAL MASTERS-IN-EQUITY WHEN THE OFFICE OF MASTER-IN-EQUITY IS
VACANT, AND TO ALTER THE FEE WHICH MASTERS-IN-EQUITY MAY COLLECT; TO AMEND
SECTIONS 14-27-20, 14-27-30, AND 14-27-40, RELATING TO THE JUDICIAL COUNCIL, SO
AS TO PROVIDE THAT TWO FAMILY COURT JUDGES AND TWO MASTERS-IN-EQUITY MUST BE
APPOINTED TO THE COUNCIL BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO ALLOW
DESIGNEES TO SERVE INSTEAD OF EX OFFICIO MEMBERS, AND TO ESTABLISH TERMS OF THE
MEMBERS; TO AMEND THE 1976 CODE BY ADDING SECTION 14-11-15 SO AS TO PROVIDE THAT
THE MASTER-IN-EQUITY IS THE JUDGE OF THE EQUITY COURT, A DIVISION OF THE CIRCUIT
COURT; TO AMEND SECTIONS 8-21-760 AND 14-23-1040, RELATING TO PROBATE JUDGES, SO
AS TO PROVIDE FOR THEIR COMPENSATION, TO REQUIRE FUNDING OF THE OPERATION OF THE
PROBATE COURT BY THE COUNTY, AND TO ESTABLISH QUALIFICATIONS FOR HOLDING THE
OFFICE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-21-765 AND 9-11-25 SO AS TO
PROVIDE A COMPENSATION SCHEDULE FOR PROBATE JUDGES AND TO ALLOW THEM TO
PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM; AND TO REPEAL SECTIONS
14-11-90, 14-11-140, 14-11-320, AND 22-2-180 RELATING TO MASTERS-IN-EQUITY AND
MAGISTRATES.
Be it enacted by the General Assembly of the State of South Carolina:
PART I
Magistrates
Magistrates' fees
SECTION 1. Section 8-21-1010 of the 1976 Code is amended to read:
"Section 8-21-1010. 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 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 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.
No fees or costs may 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."
Magistrates' fees
SECTION 2. Section 8-21-1060 of the 1976 Code is amended to read:
"Section 8-21-1060. Except as otherwise expressly provided, the following
fees and costs must be collected by the magistrate or his officers and deposited
in the general fund of the county:
(1) for summoning a witness to magistrate court in a civil action, three
dollars, plus mileage at the current state rate;
(2) for summoning the jury panel to try a civil action in magistrate court,
five dollars, to be taxed against the losing party;
(3) for summoning a coroner's jury and witnesses, five dollars, and mileage,
to be paid only if inquest is demanded by person other than the State, county,
or authorized officer thereof;
(4) for serving a summons, rule, order, or notice by a magistrate in a civil
action, five dollars, plus mileage;
(5) for serving an attachment or civil arrest on a person and making return
thereof, five dollars, plus mileage;
(6) for selling an estray, five percent of the sale proceeds;
(7) for levying execution, posting notice of sale, conducting sale, and paying
over proceeds in a magistrate court action, ten dollars;
(8) for serving warrants, or any other criminal process, and for conveying
prisoners by order of the magistrate or other court, mileage as permitted under
Section 8-21-1040."
Attorney's fees
SECTION 3. A magistrate may award attorney's fees in the same manner as is
provided by law for circuit judges in this State in civil matters.
Appointment of magistrates - qualifications
SECTION 4. Section 22-1-10 of the 1976 Code is amended to read:
"Section 22-1-10. (A) The Governor, by and with the advice and consent
of the Senate, may appoint magistrates in each county of the State who shall hold
their office for the 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.
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."
Magistrates presently serving
SECTION 5. The provisions of Section 22-1-10(B) of the 1976 Code do not apply
to a magistrate serving on the effective date of this act 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 the effective date of this act 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 the effective date of this act. 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.
Screening committees
SECTION 6. Section 22-2-10 of the 1976 Code is amended to read:
"Section 22-2-10. A senatorial delegation in determining the persons to
be recommended to the Governor for appointment as magistrates may appoint a
screening committee to assist them in their selection of nominees."
Magistrates' compensation
SECTION 7. Title 22 of the 1976 Code is amended by adding:
"CHAPTER 8
Magistrates' Compensation
Section 22-8-10. As used in this chapter:
(1) 'Chief magistrate' means the magistrate in each county who is designated
by the Chief Justice of the South Carolina Supreme Court as the chief magistrate
for administrative purposes for the county which he serves.
(2) 'Full-time magistrate' means a magistrate who regularly works forty
hours a week performing official duties required of a magistrate as a judicial
officer.
(3) 'Part-time magistrate' means a magistrate who regularly works less than
forty hours a week performing official duties required of a magistrate as a
judicial officer.
Section 22-8-20. Magistrates are judicial officers, and the hours they spend
in the performance of their official duties are hours spent in the exercise of
their judicial function. The exercise of the judicial function involves the
examination of facts leading to findings, the application of law to those
findings, and the ascertainment of the appropriate remedy. Time spent in the
performance of judicial functions also includes time spent performing ministerial
duties necessary for the exercise of the magistrates' judicial powers, as well
as necessary travel and training time. In the case of chief magistrates, the
judicial function includes time necessary to perform the administrative and other
duties required of a chief magistrate for administrative
purposes. The classification or reclassification of magistrates as full time or
part time must be made in consideration of these factors.
Section 22-8-30. (A) Each county shall provide sufficient facilities and
personnel for the necessary and proper operation of the magistrates' courts in
that county.
(B) Other personnel determined to be necessary by the county for magistrates
in a county must be provided by the governing body of the county and must be
county employees and be paid by the county.
(C) The compensation of constables may vary, and salaries and perquisites must
be determined by the governing board of the county and funded by the county.
Section 22-8-40. (A) 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.
(B) All magistrates in this State must be paid the 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 hundred thousand and
above, according to the latest official United States Decennial Census, the base
salary is twenty-nine thousand dollars;
(b) for those counties with a population of at least one hundred fifty
thousand but not more than one hundred ninety-nine thousand, nine hundred
ninety-nine, according to the latest official United States Decennial Census, the
base salary is twenty-seven thousand dollars;
(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,
according to the latest official United States Decennial Census, the base salary
is twenty-five thousand dollars;
(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;
(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) 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) 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.
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) of this section and the ratio of one magistrate for every one hundred
fifty square miles of area in each county as provided in item (3) of this
section. 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 the fraction, establishing an additional
part-time magistrate. No additional magistrates may be added until a county has
less than the ratio.
(C) Part-time magistrates are to be computed at a ratio of four part-time
magistrates equals one full-time magistrate.
(D) 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 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) 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. 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.
(G) Magistrates in a county are entitled to the same perquisites as those
employees of the county of similar position and salary.
(H) A ministerial magistrate is entitled to the same compensation as a
part-time magistrate.
(I) 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) No county may pay a magistrate 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 in excess of the minimum base salaries provided for in this
section.
Section 22-8-50. (A) A magistrate aggrieved by a ruling or action taken by
a county or the governing body of the county concerning classification,
reclassification, or compensation of magistrates based upon this chapter, or with
respect to the operation of the magistrates' court system within the county, may
petition the county governing body, in writing, for redress.
(B) The county governing body of each county shall hear and determine
contested cases arising within the county in connection with classification,
reclassification, and compensation of magistrates, or with respect to the
operation of the magistrates' court system within its county, in accordance with
the provisions of Article 3, Chapter 23 of Title 1,
and subject to judicial review as provided in Section 1-23-380."
Counterclaims
SECTION 8. When a counterclaim is filed which if successful would exceed two
thousand five hundred dollars then the initial claim and counterclaim must be
transferred to the docket of the common pleas court for that judicial circuit.
Number of magistrates
SECTION 9. The provisions of this Part 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.
Number of magistrates - further
SECTION 10. The number of magistrates in the counties below fifteen thousand
in population may be increased by one part-time additional magistrate if the
number allowed under this bill, as amended, is less by .25 than the number
presently serving in office.
PART II
Masters-in-Equity
Master-in-equity courts
SECTION 1. Section 14-11-10 of the 1976 Code is amended to read:
"Section 14-11-10. As a part of the unified judicial system, there is
established in each of the counties of this State having a population of at least
one hundred thirty thousand, according to the latest official United States
Decennial Census, a master-in-equity court. The master-in-equity for the court
must be appointed pursuant to the provisions of Section 14-11-20. Nothing in
this section prohibits a county or area with a population of less than one
hundred thirty thousand, according to the latest official United States Decennial
Census, from having a part-time master-in-equity. The governing bodies of any
two or more counties may join together to fund the office of master-in-equity to
serve two or more counties. Funding of this master-in-equity must be borne by
each county included on a per capita population basis."
Masters-in-equity presently serving
SECTION 2. The master-in-equity for each county presently holding office
continues to serve as master-in-equity until the expiration of his term of office
at which time his successor may be selected as provided by law.
Equity courts
SECTION 3. The 1976 Code is amended by adding:
"Section 14-11-15. The equity court is considered a division of the
circuit court, and the master-in-equity, as judge of the equity court, is
entitled to all the benefits and subject to all the requirements of the South
Carolina Bar and the rules of the Supreme Court in the same respect as circuit
court and family court judges. This section may not be construed as providing
retirement for masters-in-equity under the provisions of Chapter 8 of Title
9."
Appointment of masters-in-equity;
qualifications
SECTION 4. Section 14-11-20 of the 1976 Code is amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the Governor
with the advice and consent of the General Assembly for a term of six years and
until their successors are appointed and qualify. No person is eligible to hold
the office of master-in-equity who is not at the time of his appointment a
citizen of the United States and of this State, has not attained the age of
twenty-six years upon his appointment, has not been a licensed attorney for at
least five years upon his appointment, and has not been a resident of this State
for five years immediately preceding his appointment.
Each master-in-equity of this State qualifies by taking the oath required by
the Constitution of this State before a justice of the Supreme Court, a judge of
the Court of Appeals, the President of the Senate, the Speaker of the House of
Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the
Court of Common Pleas, or a probate judge of the county and immediately enters
upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of
law. A part-time master-in-equity may practice law but is prohibited from
appearing before another master-in-equity. A standing master-in-equity may not
serve as the probate judge of any county."
County to fund - salaries
SECTION 5. Section 14-11-30 of the 1976 Code is amended to read:
"Section 14-11-30. The governing body of the county or counties in which
a master-in-equity serves shall provide the salary, equipment, facilities, and
supplies of the master-in-equity, together with the salaries of support personnel
and all other costs for the necessary and proper operation of the
master-in-equity's office. The salaries of the masters-in-equity are as follows:
(1) Where the area served has a population of up to thirty-four thousand, nine
hundred ninety-nine, according to the latest official United States Decennial
Census, the master-in-equity serving that area is part time and must be paid a
salary equal to ten percent of that of a circuit judge.
(2) Where the area served has a population of between thirty-five thousand and
forty-nine thousand, nine hundred ninety-nine, according to the latest official
United States Decennial Census, the master-in-equity serving that area is part
time and must be paid a salary equal to fifteen percent of that of a circuit
judge.
(3) Where the area served has a population of between fifty thousand and
seventy-nine thousand, nine hundred ninety-nine, according to the latest official
United States Decennial Census, the master-in-equity serving that area is part
time and must be paid a salary equal to twenty-five percent of that of a circuit
judge.
(4) Where the area served has a population of between eighty thousand and
ninety-nine thousand, nine hundred ninety-nine, according to the latest official
United States Decennial Census, the master-in-equity serving that area is part
time and must be paid a salary equal to forty-five percent of that of a circuit
judge.
(5) Where the area served has a population of between one hundred thousand and
one hundred twenty-nine thousand, nine hundred ninety-nine, according to the
latest official United States Decennial Census, the master-in-equity serving that
area is part time and must be paid a salary equal to fifty-five percent of that
of a circuit judge.
(6) Where the area served has a population of between one hundred thirty
thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according
to the latest official United States Decennial Census, the master-in-equity
serving that area is full time and must be paid a salary equal to seventy-five
percent of that of a circuit judge.
(7) Where the area served has a population of between one hundred fifty
thousand and one hundred ninety-nine thousand, nine hundred ninety-nine,
according to the latest official United States Decennial Census, the
master-in-equity serving that area is full time and must be paid a salary equal
to eighty percent of that of a circuit judge.
(8) Where the area served has a population of between two hundred thousand and
two hundred forty-nine thousand, nine hundred ninety-nine, according to the
latest official United States Decennial Census, the master-in-equity serving that
area is full time and must be paid a salary equal to eighty-five percent of that
of a circuit judge.
(9) Where the area served has a population of over two hundred fifty thousand,
according to the latest official United States Decennial Census, or where the
area served is located in a county which generates four million dollars or more
in accommodations tax revenue, the master-in-equity serving that area is full
time and must be paid a salary equal to ninety percent of that of a circuit
judge.
No sitting master-in-equity, whether full time or part time, may have his
salary reduced during his tenure in office. Tenure in office continues at the
expiration of a term if the incumbent master-in-equity is reappointed."
Special masters-in-equity
SECTION 6. Section 14-11-60 of the 1976 Code is amended to read:
"Section 14-11-60. In case of a vacancy in the office of master-in-equity
or in case of the disqualification or disability of the master-in-equity from
interest or any other reason for which cause can be shown the presiding circuit
court judge, upon agreement of the parties, may appoint a special referee in any
case who as to the case has all the powers of a master-in-equity. The special
referee must be compensated by the parties involved in the action."
Masters-in-equity - fees
SECTION 7. Section 14-11-310 of the 1976 Code is amended to read:
"Section 14-11-310. Masters-in-equity shall collect the following fees
which must be deposited in the general fund of the county:
(1) in actions for partitions, foreclosure of liens upon real property, or
sales of real property, either in private or by auction, a fee of one hundred
dollars. If the matter requires more than one day of hearing, there is a
thirty-five dollar charge for each additional day or portion of the day until the
matter is concluded;
(2) for the preparation of a deed, a fee of twenty-five dollars;
(3) on sales of land, a fee equal to one percent of the bid or of the funds
passing through the court, whichever is greater. The minimum commission
collectible under this item is twenty-five dollars, and the maximum commission
is two thousand, five hundred dollars;
(4) for a supplemental proceeding, a fee of twenty-five dollars;
(5) in all other cases, fifty dollars for the first day's hearing or any
portion of the day and for each day after the first day, thirty-five dollars.
The fees must be assessed at the time of the order or report of the
master-in-equity.
The fees provided for in this section, including the first day's fee provided for
in item (5) and excluding the commission on sale, must be paid at the time the
order of reference is signed and is nonrefundable unless so ordered by the
master-in-equity on proper cause being shown. The cost of transcribing the
record is in addition to the fees provided for in this section and must be
assessed at the rate prescribed for circuit courts."
PART III
Judicial Council
Judicial Council - members
SECTION 1.
Section 14-27-20 of the 1976 Code is amended to read:
"Section 14-27-20.
The Judicial Council is composed of the following:
(1) the Chief Justice of the Supreme Court of South Carolina or some other
member of the court designated by him;
(2) two circuit court judges of the State;
(3) two family court judges of the State;
(4) two probate judges of the State;
(5) the Attorney General or one of the Assistant Attorneys General or one of
the circuit solicitors;
(6) the Dean or a member of the faculty of the Law School of the University
of South Carolina;
(7) the President of the South Carolina Bar;
(8) the Lieutenant Governor or his designee;
(9) the Speaker of the House of Representatives or his designee;
(10) the Chairman of the Senate Finance Committee or his designee;
(11) the Chairman of the House Ways and Means Committee or his designee;
(12) the Chairman of the Senate Judiciary Committee or his designee;
(13) the Chairman of the House Judiciary Committee or his designee;
(14) the Director of the Legislative Council;
(15) six other members, of whom at least four must be members of the bar of
this State;
(16) two judges of the magistrates' courts; and
(17) two masters-in-equity."
Appointment of members of Judicial Council
SECTION 2. Section 14-27-30 of the 1976 Code is amended to read:
"Section 14-27-30. The Chief Justice of the Supreme Court shall appoint
the following members to the Judicial Council: the two circuit judges; the two
family court judges; the two probate judges; the two judges of the magistrates'
courts; the two masters-in-equity; the Attorney General or one of the Assistant
Attorneys General or one of the circuit solicitors; the Dean or member of the
faculty of the Law School of the University of South Carolina; and the six
remaining members of the Judicial Council.
The Lieutenant Governor, the Speaker of the House or their designees, the
chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate
Judiciary Committee, and House Judiciary Committee or their designees, the
Director of the Legislative Council, and the
President of the South Carolina Bar serve ex officio."
Terms
SECTION 3. Section 14-27-40 of the 1976 Code is amended to read:
"Section 14-27-40. Members of the Judicial Council serve for the
following terms:
(1) If he designates no other member of the Supreme Court, the Chief Justice
serves during his term of office. If the Chief Justice designates some other
member of the court, the other member serves during his term of office.
(2) The Lieutenant Governor, Speaker of the House or their designees, and the
chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate
Judiciary Committee, and House Judiciary Committee or their designees serve
during their respective terms as those officers.
(3) The President of the South Carolina Bar serves during his term of office.
(4) The member of the legal department of the State (Attorney General, one of
the Assistant Attorneys General, or one of the circuit solicitors) serves for a
period of four years.
(5) The Dean or member of the faculty of the Law School of the University of
South Carolina serves for a period of four years.
(6) The two circuit judges serve for a period of four years each.
(7) The two family court judges serve for a period of four years each.
(8) The two judges of the probate courts serve for a period of four years
each.
(9) The Director of the Legislative Council serves during his term of office.
(10) The two judges of the magistrates' courts serve for a period of four years
each.
(11) The two masters-in-equity serve for a period of four years each.
(12) Three of the remaining six members of the Judicial Council must be
appointed initially for terms of two years each, and three members must be
appointed initially for terms of four years each. After the initial appointments
all six members must be appointed for terms of four years each.
The members designated in items (4), (5), (6), (7), (8), (10), and (11) cease
to be members of the Judicial Council before the expiration of their respective
terms if they cease to hold the official positions entitling them to membership
on the Judicial Council."
Part IV
Probate Judges
Probate judges - salaries - funding
SECTION 1. Section 8-21-760 of the 1976 Code is amended to read:
"Section 8-21-760. The probate judges must receive salaries for
performance of their duties pursuant to Section 8-21-765.
A probate judge 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 that judge is reelected.
The governing body of the county shall provide the salary, equipment,
facilities, and supplies of the support personnel and staff of the probate judge,
together with all other costs necessary for the efficient operation of the court,
including but not limited to, court reporters, secretaries, clerks, per diem,
travel, educational, and other benefits for the judge and his staff. A probate
judge is not prohibited from acting as special referee with the agreement of the
county governing body, but no probate judge is eligible to serve as a standing
master-in-equity.
The probate judge in each county must serve full time and shall carry out all
duties assigned by law.
Fees and costs received under the provisions of this article by the officials
of a county must be accounted for and paid into the general fund of the county
as directed by the governing body of that county. Any remuneration received by
a probate judge for performing duties assigned by the Department of Mental Health
must be remitted by the probate judge to the county treasurer for deposit into
the general fund of the county."
Salary schedule
SECTION 2. The 1976 Code is amended by adding:
"Section 8-21-765. (A) The salary of the office of probate judge is
based on a salary schedule which uses base salaries determined by population
categories according to the latest official United States Decennial Census. The
governing body of each county shall pay the probate judge of the county a base
salary as follows:
(1) for those counties with a population of two hundred thousand and above,
the base salary is fifty-nine thousand dollars;
(2) for those counties with a population of at least one hundred fifty
thousand but not more than one hundred ninety-nine thousand, nine hundred
ninety-nine, the base salary is forty-nine thousand dollars;
(3) 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, the
base salary is thirty-eight thousand dollars;
(4) for those counties with a population of at least fifty thousand but not
more than ninety-nine thousand, nine hundred ninety-nine, the base salary is
thirty-three thousand dollars;
(5) for those counties with a population of at least thirty-five thousand
but not more than forty-nine thousand, nine hundred ninety-nine, the base salary
is thirty-one thousand, five hundred dollars;
(6) for those counties with a population of at least twenty thousand but not
more than thirty-four thousand, nine hundred ninety-nine, the base salary is
twenty-five thousand dollars;
(7) for those counties with a population less than twenty thousand, the base
salary is twenty-two thousand, five hundred dollars.
(B) The South Carolina Court Administration is charged with monitoring
compliance with this section. Nothing contained in this section may be construed
as prohibiting a county from paying in excess of the minimum base salaries
provided for in this section.
A probate judge is entitled to the same perquisites as those employees of the
county of similar position and salary.
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."
Probate judges - qualifications
SECTION 3. Section 14-23-1040 of the 1976 Code is amended to read:
"Section 14-23-1040. No person is eligible to hold the office of judge
of probate who is not at the time of his election a citizen of the United States
and of this State, has not attained the age of twenty-one years upon his
election, has not become a qualified elector of the county in which he is to be
a judge, and has not received a four-year bachelor's degree from an accredited
post-secondary institution or if he has received no degree he must have four
years' experience as an employee in a probate judge's office in this State."
Judges presently serving
SECTION 4. Section 14-23-1040 of the 1976 Code does not apply to probate judges
presently holding office upon the effective date of this act.
Retirement of judges
SECTION 5. The 1976 Code is amended by adding:
"Section 9-11-25. Probate judges may elect to participate in the South
Carolina Police Officers Retirement System or they may elect to remain under
regular state retirement. A probate judge who elects to participate in a police
retirement system shall first reimburse the South Carolina Retirement System for
the difference between amounts paid by the judge and the county into the regular
retirement system, and the amounts which should have been paid in by the judge
and the county for the previous years of service under the Police Officers
Retirement System, not to exceed five years of previous service. Upon election
to join the Police Officers Retirement System and the payment of all amounts due,
the probate judge and the county shall pay the contribution
required to the Police Officers Retirement System out of each salary check."
PART V
Repeals
Sections 14-11-90, 14-11-140, 14-11-320, and 22-2-180 of the 1976 Code are
repealed.
PART VI
Time Effective
Sections 1 and 2 of Part I, Section 7 of Part II, and Part V take effect upon
approval of this act by the Governor. The remaining provisions of this act take
effect January 1, 1989, except that the provisions of Section 14-11-10 of the
1976 Code amended in Part II of this act which require the establishment of a
master-in-equity court where one is not in existence on the effective date of
this act take effect July 1, 1989. |