Current Status Bill Number:
1432Type of Legislation: Concurrent Resolution CRIntroducing Body: SenateIntroduced Date: 19960528Primary Sponsor: HollandAll Sponsors: Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and RankinDrafted Document Number: jud6084.dhhDate Bill Passed both Bodies: 19960613Subject: Magistrate Study Committee
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960613 Received from House House 19960530 Adopted, returned with concurrence House 19960530 Recalled from Committee 25 HJ House 19960529 Introduced, referred to Committee 25 HJ Senate 19960528 Introduced, adopted, sent to HouseView additional legislative information at the LPITS web site.
TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
Whereas, according to the 1994 Annual Report of the South Carolina Judicial Department, the magistrates courts handle more cases than any other level of court and in 1993 disposed of sixty-six percent of cases in the courts; and
Whereas, the last comprehensive legislation concerning the magistrates courts' system was enacted in 1988; and
Whereas, the case of Davis v. County of Greenville, decided by the Supreme Court of South Carolina on January 8, 1996, and other cases and Attorney General's opinions have raised some questions about the current state of the law concerning the procedure for determining the number, location, compensation, and workload of magistrates in a county; and
Whereas, these issues require study to determine current needs, research more effective methods of meeting these needs, and offer the General Assembly alternatives for improving existing conditions in the magistrates courts. Now therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That a study committee be appointed to study the jurisdiction, number of available positions, location, qualifications, continuing education and certification requirements, and compensation and other benefits of magistrates in each county and throughout the state and the magistrates courts' role in the uniform judicial system. The committee shall be composed of the following: three members appointed by the Chairman of the Senate Judiciary Committee and three members appointed by the Speaker of the House of Representatives.
The committee shall submit its report to the General Assembly at the beginning of the 1997 legislative session at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Chairman of the Senate Judiciary Committee from the Senate staff and by the Speaker of the House of Representatives from the House staff.