South Carolina General Assembly
111th Session, 1995-1996

Bill 3956


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3956
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950406
Primary Sponsor:                   McAbee, 
All Sponsors:                      McAbee, Carnell, S. Whipper,
                                   Bailey, Elliott, Waldrop, Klauber,
                                   Stuart, Knotts, Shissias, Byrd,
                                   Jaskwhich, Breeland and McKay 
Drafted Document Number:           gjk\21625sd.95
Residing Body:                     House
Current Committee:                 Ways and Means Committee 30
                                   HWM
Subject:                           Magistrates, detailed
                                   provisions



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19950406  Introduced, read first time,             30 HWM
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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