H 3956 Session 111 (1995-1996)
H 3956 General Bill, By J.G. McAbee, Bailey, Breeland, A.W. Byrd, Carnell,
L.L. Elliott, M.F. Jaskwhich, Klauber, Knotts, McKay, J.S. Shissias, Stuart,
D.C. Waldrop and Whipper
A Bill to amend Section 22-1-10, as amended, Code of Laws of South Carolina,
1976, relating to the appointment of magistrates and their terms of office,
jurisdiction, certification, and training, so as to further provide for the
number of magistrates in each county and for other matters relating to the
appointment of magistrates for a particular county.-short title
04/06/95 House Introduced and read first time HJ-35
04/06/95 House Referred to Committee on Ways and Means HJ-36
A BILL
TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
APPOINTMENT OF MAGISTRATES AND THEIR TERMS OF
OFFICE, JURISDICTION, CERTIFICATION, AND TRAINING,
SO AS TO FURTHER PROVIDE FOR THE NUMBER OF
MAGISTRATES IN EACH COUNTY AND FOR OTHER
MATTERS RELATED TO THE APPOINTMENT OF
MAGISTRATES FOR A PARTICULAR COUNTY; TO ADD
SECTION 22-1-11 SO AS TO PROVIDE THAT MAGISTRATES'
COURTS SHALL BECOME A PART OF THE UNIFIED
JUDICIAL SYSTEM OF THIS STATE, TO PROVIDE THAT
MAGISTRATES SHALL BE COMPENSATED BY THE STATE
AND PARTICIPATE IN THE JUDICIAL RETIREMENT
SYSTEM, TO PROVIDE THAT THE FINES, FEES, AND COSTS
COLLECTED BY MAGISTRATES SHALL BE DEPOSITED IN
THE STATE GENERAL FUND, AND TO PROVIDE THAT THE
GENERAL ASSEMBLY IN THE ANNUAL GENERAL
APPROPRIATIONS ACT SHALL REIMBURSE THE SEVERAL
COUNTIES OF THIS STATE EACH FISCAL YEAR FOR THE
COSTS EACH COUNTY INCURS IN PROVIDING FOR THE
OPERATION OF THE MAGISTERIAL SYSTEM IN THAT
COUNTY; TO AMEND SECTION 22-8-40, RELATING TO
MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO
REVISE THE NUMBER OF MAGISTRATES IN EACH
COUNTY, THEIR COMPENSATION, AND THE MANNER OF
THEIR SERVICE; TO AMEND SECTION 22-8-50, RELATING
TO THE MANNER IN WHICH CASES OF AGGRIEVED
MAGISTRATES SHALL BE HEARD, SO AS TO FURTHER
PROVIDE FOR THIS PROCEDURE; TO AMEND SECTIONS
22-1-70 AND 22-1-100, RELATING TO FINES AND
PENALTIES COLLECTED BY MAGISTRATES IN CRIMINAL
CASES, SO AS TO PROVIDE THAT THESE FINES AND
PENALTIES MUST BE FORWARDED TO THE STATE
TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND,
AND TO PROVIDE CERTAIN REMEDIES IF REQUIRED
REPORTS PERTAINING TO CRIMINAL CASES AND FINES
ARE NOT FILED BY MAGISTRATES; AND TO AMEND
SECTION 8-21-1000 AND SECTIONS 8-21-1010 AND 8-21-1060,
AS AMENDED, RELATING TO FEES AND COSTS OF
MAGISTRATES, SO AS TO PROVIDE THAT THESE FEES
AND COSTS MUST BE FORWARDED TO THE STATE
TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-1-10 of the 1976 Code, as last
amended by Act 152 of 1993, is further 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 for a term of four years and until their
successors are appointed and qualified qualify.
Except as otherwise provided in this section, 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 May 1, 1996, and at least ninety days before the
terms of magistrates in that county are scheduled to expire,
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 determined
as provided in Section 22-8-40, the number of work hours
required by each position, the compensation for each position as
provided by Section 22-8-40, and the area of the county to
which each position is assigned. Magistrates appointed to
positions added in a county in 1996 pursuant to the provisions of
Section 22-8-40 shall serve initial terms to commence on May 1,
1996, and to expire in the same year other magistrates' positions in
the county expire. Thereafter, these magistrates shall serve the
same four-year terms other magistrates in the county serve. 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, and
number of the full-time and part-time magistrate positions
available in the county shall be as required by Section
22-8-40 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 or required 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.
(C) Notwithstanding any other provision of law relating to the
terms and qualifications of magistrates:
(1) All magistrates shall complete a training program or pass
certification or recertification examinations, or both, pursuant to
standards established by the Supreme Court of South Carolina. The
examination must be offered at least three times each year.
(a) Except as otherwise provided in subitems (b) and
(c), magistrates appointed for the first time on or after the
effective date of this act after April 30, 1995, shall
complete the training program and pass the certification
examination within one year after taking office, or before April
30, 1995, whichever is later.
(b) 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, as of the effective
date of this act, appointed before April 30, 1995, shall
pass a certification examination before April 30, 1995, or one
year after their date of appointment, whichever is later.
(c) 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, as of the effective date of this
section, appointed before April 30, 1995, shall pass a
certification examination before April 30, 1996.
(d) Every magistrate shall pass a recertification
examination within eight years after passing the initial certification
examination, and at least once every eight years thereafter.
(2) If any magistrate does not comply with these training or
examination requirements, his office is declared vacant on the date
the time expires, or when he is notified, as provided in subsection
(D), whichever is earlier.
(D) Upon written notification of the Supreme Court or its
designee to the affected magistrate and the Governor of the failure
of the magistrate to complete the training program or pass the
certification examination required pursuant to subsection (C), the
magistrate's office is declared vacant, the magistrate does not hold
over, and the Governor shall appoint a successor in the manner
provided by law."
SECTION 2. The 1976 Code is amended by adding:
"Section 22-1-11. On the effective date of this section:
(1) magistrates and magistrates' courts shall become part of the
unified judicial system of this State;
(2) The fees, costs, fines, forfeitures, and penalties collected by
magistrates and magistrates' courts shall be deposited in the state
general fund and magistrates shall become state judicial officials
compensated by the State in the annual general appropriations act in
those amounts required by law and supervised by the Chief Justice
of the Supreme Court pursuant to Article V of the Constitution of
this State;
(3) all magistrates shall become a part of and participate in the
retirement system for judges and solicitors under Chapter 8 of Title
9 under a formula to be determined by regulation of the State
Budget and Control Board. Contributions made by magistrates to
the State Retirement System or Police Officers Retirement System
shall be transferred to the retirement system for judges and
solicitors also based upon a formula to be determined by regulation
of the Budget and Control Board upon recommendation of the
Director of the State Retirement System. The period that a
magistrate was included under the State Retirement System or
Police Officers Retirement System shall be counted for the purpose
of determining eligibility for benefits under the retirement system
for the judges and solicitors;
(4) The General Assembly beginning with the 1995-96 general
appropriations act shall reimburse the several counties of this State
each fiscal year on a formula basis to be provided by law for the
costs each county incurs in providing for the operation of the
magisterial system in that county."
SECTION 3. Section 22-8-40 of the 1976 Code is amended to
read:
"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.
However, a full-time magistrate may not be changed to
part-time during his term of office.
(B) All magistrates in this State must be paid the base salary
as determined by the following factors by the State as
provided in item (1) below:
(1) There is established a base salary for each population
category magistrates 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.
(a) Full-time magistrates with at least ten years of
consecutive service as a magistrate on July 1, 1995, must receive a
base salary of at least fifty thousand dollars a year.
(b) Full-time magistrates with less than ten years of
consecutive service as a magistrate on July 1, 1995, must receive a
base salary of at least thirty thousand dollars a year, plus two
thousand dollars a year for each year after the first which that
magistrate has served in office until the base salary of that
magistrate reaches at least fifty thousand dollars a year.
(c) Full-time magistrates appointed after July 1, 1995, must
receive a base salary of at least thirty thousand dollars a year plus a
two thousand dollar a year increase following the first year of
service until the base salary of that magistrate reaches at least fifty
thousand dollars a year.
(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 for
the purpose of determining the number of magistrates in each
county.
(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 number of magistrates in each county.
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 Additional magistrates
may must be added until if 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 minimum 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
State 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
subsection (B) 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 five 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 two thousand
five 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 or State 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 shall
receive 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)(K) The South Carolina Court Administration
shall monitor compliance with this section. Nothing contained in
this section may be construed as prohibiting a county the
State from paying in excess of the minimum base salaries
provided for in this section."
SECTION 4. Section 22-8-50 of the 1976 Code is amended to
read:
"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, or reclassification, or
compensation of magistrates as full time or part time
based upon this chapter, or with respect to the an
operation of the magistrates' court system within the county
under the county's control, 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, or reclassification, and
compensation of magistrates as full time or part time,
or with respect to the an operation of the
magistrates' court system within its county under the county's
control, 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."
SECTION 5. Section 22-1-70 of the 1976 is amended to read:
"Section 22-1-70 All fines and penalties imposed and
collected by magistrates in criminal cases must be forthwith turned
over by them to the county treasurers of their respective counties
for county purposes who in turn shall forward them to
the State Treasurer for deposit in the state general fund;
provided, that when a magistrate presides over a municipal court
under contract between the municipality and the county governing
body as authorized by Section 14-25-25, a portion of such fines and
penalties imposed and collected shall be turned over to the treasurer
of the municipality under the provisions of the contract between the
municipality and the county governing body which shall specify the
portion to be turned over to the treasurer of the municipality. But
when, by law any person is entitled, as informer, to any portion of
such fine or penalty, such portion shall be immediately paid over
to him. If any magistrate shall neglect or refuse to pay over all
fines and penalties collected by him in any criminal cause or
proceeding he shall, on conviction thereof, be subject to a fine of
not less than one hundred nor more than one thousand dollars and
imprisonment for not less than three nor more than six months and
shall be dismissed from office."
SECTION 6. Section 22-1-100 of the 1976 Code is amended
to read:
"Section 22-1-100. Each magistrate within a county
containing a city of fifty thousand inhabitants or more shall make
and file with the county governing body each month a verified
report of criminal cases begun before him and their status and
disposition, together with a list of all fines collected. The
county shall notify the appropriate state officials within fifteen days
after the end of a particular month if the magistrate has not made
the report required by this section for that month. The
county shall not pay any salary to any magistrate until The
magistrate shall not receive his salary from the State for the next
month until the report for the previous month is filed if the county
certifies that he has not made and filed the verified
report herein required and further, in default thereof, the magistrate
violating the provisions of this section shall, on conviction, be liable
to a fine not exceeding one hundred dollars or imprisonment in the
county jail not exceeding two months, at the discretion of the
court."
SECTION 7. Section 8-21-1000 of the 1976 Code is amended
to read:
"Section 8-21-1000. All magistrates shall receive salaries
in lieu of all fees and costs in civil or criminal actions or
proceedings, and all such fees and costs received and recovered
under the provisions of this article by any magistrate of any county
shall be accounted for and paid into the state general fund
of the county as directed by the governing body
thereof."
SECTION 8. Section 8-21-1010 of the 1976 Code, as last
amended by Part I, Section 1 of Act 678 of 1988, is further
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 state 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."
SECTION 9. Section 8-21-1060 of the 1976 Code, as last
amended by Part I, Section 2 of Act 678 of 1988, is further
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 state 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."
SECTION 10. This act takes effect July 1, 1995, except that
where additional magistrates must be appointed for a particular
county pursuant to Sections 22-1-10 and 22-8-40, as amended by
this act, these magistrates shall be appointed for a term to begin
May 1, 1996.
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