Current Status Introducing Body:Senate Bill Number:635 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Magistrates and municipal judges, requirements Residing Body:Senate Computer Document Number:CYY/15412SD.93 Introduced Date:19930406 Last History Body:Senate Last History Date:19930406 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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635 Senate 19930406 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-25-26 AND 22-1-11 SO AS TO PROVIDE THAT MAGISTRATES AND MUNICIPAL JUDGES APPOINTED FOR THE FIRST TIME TO ANY TERM COMMENCING AFTER JANUARY 1, 1994, SHALL SERVE AN INITIAL SIX-MONTH PROBATIONARY PERIOD DURING WHICH THEY MUST COMPLETE A TRAINING PROGRAM AND A CERTIFICATION EXAMINATION, TO PROVIDE THAT FAILURE TO PASS THE CERTIFICATION EXAMINATION SHALL PRECLUDE THE MAGISTRATE OR MUNICIPAL JUDGE FROM SERVING BEYOND THE SIX-MONTH PROBATIONARY PERIOD, TO PROVIDE THAT ALL MAGISTRATES AND MUNICIPAL JUDGES CURRENTLY SERVING IN OFFICE MUST COMPLETE THIS TRAINING PROGRAM AND CERTIFICATION EXAMINATION PRIOR TO REAPPOINTMENT FOR A NEW TERM, TO PROVIDE THAT THE GOVERNOR MUST IMMEDIATELY REMOVE A MAGISTRATE OR MUNICIPAL JUDGE FROM OFFICE UPON NOTIFICATION OF HIS FAILURE TO MEET THE REQUIREMENTS OF THIS SECTION, AND TO PROVIDE THAT NO SUCH MAGISTRATE OR MUNICIPAL JUDGE MAY HOLD OVER IN OFFICE UPON NOTIFICATION OF HIS FAILURE TO MEET THESE REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-25-26. (A) Any municipal judge appointed for the first time to any term commencing after January 1, 1994, shall serve initially for a six-month probationary period during which the municipal judge must complete the minimum training program established by the Supreme Court or its designee and satisfactorily complete a certification examination. Failure to pass the certification examination shall preclude the municipal judge from serving beyond the six-month probationary period. All municipal judges who are serving in office on the effective date of this section are required to satisfactorily complete the minimum training program and satisfactorily complete a certification examination prior to reappointment for a new term.
(B) Upon notification from the Supreme Court or its designee of the failure of a municipal judge to comply with subsection (A), the Governor must immediately remove the municipal judge from office. No municipal judge may hold over in office upon notification of his failure to meet the qualification standards contained in this section."
SECTION 2. The 1976 Code is amended by adding:
"Section 22-1-11. (A) Any magistrate appointed for the first time to any term commencing after January 1, 1994, shall serve initially for a six-month probationary period during which the magistrate must complete the minimum training program established by the Supreme Court or its designee and satisfactorily complete a certification examination. Failure to pass the certification examination shall preclude the magistrate from serving beyond the six-month probationary period. All magistrates who are serving in office on the effective date of this section are required to satisfactorily complete the minimum training program and satisfactorily complete a certification examination prior to reappointment for a new term.
(B) Upon notification from the Supreme Court or its designee of the failure of a magistrate to comply with subsection (A), the Governor must immediately remove the magistrate from office. No magistrate may hold over in office upon notification of his failure to meet the qualification standards contained in this section."
SECTION 3. This act takes effect upon approval by the Governor.