South Carolina Legislature


 

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S 64
Session 109 (1991-1992) 

S 0064 General Bill, By M.T. Rose
 A Bill to amend Section 22-8-20, Code of Laws of South Carolina, 1976,
 relating to magistrates' judicial functions, so as to limit the combined total
 number of hours worked in magistrate and non-magistrate positions to sixty
 hours per week.

   09/10/90  Senate Prefiled
   09/10/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced and read first time SJ-42
   01/08/91  Senate Referred to Committee on Judiciary SJ-42



A BILL

TO AMEND SECTION 22-8-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JUDICIAL FUNCTIONS, SO AS TO LIMIT THE COMBINED TOTAL NUMBER OF HOURS WORKED IN MAGISTRATE AND NON-MAGISTRATE POSITIONS TO SIXTY HOURS PER WEEK.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 22-8-20 of the 1976 Code is amended to read:

"Section 22-8-20. (A) 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.

(B) The combined total number of hours of magistrate and non-magistrate work performed by a magistrate may not exceed sixty hours per week. Magistrate work is work performed by a magistrate as described in paragraph (A) of this section. Non-magistrate work is any work performed by a magistrate for which the magistrate is compensated and is not magistrate work. A magistrate holding office upon the effective date of this item is exempt from this limitation until the next time of appointment for that position."

SECTION 2. This act takes effect upon approval by the Governor.

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