Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 27, 1999
H. 3379
Introduced by Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser
S. Printed 5/27/99--S.
Read the first time March 30, 1999.
TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 1999" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO REVISE THE EDUCATIONAL REQUIREMENT FOR APPOINTMENT ON OR AFTER JULY 1, 1999; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REVISED REQUIREMENT DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT, FROM TWENTY TO THIRTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS, TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE PUNISHABLE BY IMPRISONMENT OR FINES, TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO THIRTY-FIVE DOLLARS, AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 9-11-28, SO AS TO PROVIDE THAT A FULL-TIME MUNICIPAL JUDGE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM IF THE MUNICIPALITY HE SERVES PARTICIPATES IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING 22-1-5, SO AS TO PERMIT A MAGISTRATES' OVERSIGHT COMMITTEE TO BE ESTABLISHED IN EACH COUNTY; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-1010 of the 1976 Code is 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 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 the defendant, and for giving judgment with or without a hearing, twenty-five forty 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 twenty-five 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 2. The 1976 Code is amended by adding:
"Section 9-11-27. (A) On and after January 1, 2000, any person who is a magistrate appointed pursuant to Section 22-1-10 shall participate in the South Carolina Police Officers Retirement System for his service as a magistrate.
(B) From January 1, 2000, to July 1, 2000, a magistrate who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect as of July 1, 1999, for each year of service prorated for periods of less than a year. After July 1, 2000, a magistrate may elect to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9)."
SECTION 3. The 1976 Code is amended by adding:
"Section 9-11-28. (A) On and after January 1, 2000, any person who is a fulltime municipal judge appointed pursuant to Section 14-25-15 shall participate in the South Carolina Police Officers Retirement System for his service as a municipal judge if the municipality he serves participates in the South Carolina Police Officers Retirement System.
(B) From January 1, 2000, to July 1, 2000, if a fulltime municipal judge who serves a municipality that participates in the South Carolina Police Officers Retirement System elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System, he may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect as of July 1, 1999, for each year of service prorated for periods of less than a year. After July 1, 2000, a fulltime municipal judge who serves a municipality that participates in the South Carolina Police Officers Retirement System may elect to transfer credited service he received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9)."
SECTION 4. The 1976 Code is amended by adding:
"Section 22-1-5. A Magistrates' Oversight Committee may be established in each county. Each committee shall be composed of six members as follows: two appointed by the county governing body, two appointed by the senatorial delegation, and two appointed by the Chief Justice of the Supreme Court. The committee shall (1) oversee the operation of the magistrates' courts in the county; (2) hear concerns relating to the uniformity of operation, hours of operation, caseloads, efficiency of the respective offices, adequacy of facilities, and conveniences to the public; and (3) make recommendations to the county governing body, senatorial delegation, Chief Justice, and chief magistrate in the county on the committee's findings and concerns. The members of a Magistrates' Oversight Committee shall serve without per diem, mileage, subsistence, or other compensation."
SECTION 5. Section 22-1-10(B) of the 1976 Code is amended to read:
"(B)(1) 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.
(2) On and after July 1, 1999, no person is eligible for an initial appointment to hold the office of magistrate who (1) is not at the time of his appointment a citizen of the United States and of this State, (2) has not been a resident of this State for at least five years, (3) has not attained the age of twenty-one years upon his appointment, and (4) has not received a four-year baccalaureate degree."
SECTION 6. Section 22-1-10(B) of the 1976 Code is amended to read:
"(B)(1) 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.
(2) On and after July 1, 1999, no person is eligible for an initial appointment to hold the office of magistrate who (1) is not at the time of his appointment a citizen of the United States and of this State, (2) has not been a resident of this State for at least five years, (3) has not attained the age of twenty-one years upon his appointment, and (4) has not received a two-year associate degree. A person who has not received a two-year associate degree may be eligible for an initial appointment on and after July 1, 1999, if he has received a high school diploma or its equivalent educational training as recognized by the State Department of Education and agrees to satisfactorily complete the educational program described in Section 22-1-17 within four years of his initial appointment; however, if he does not satisfactorily complete the educational program within four years of his initial appointment, he is subject to removal by order of the Chief Justice and may not be reappointed as a magistrate."
SECTION 7. The 1976 Code is amended by adding:
"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after July 1, 1999, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and must be attested to by the judge conducting the proceeding.
(B) The required trial experiences must include the following:
(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(3) one criminal jury trial in circuit court; and
(4) one civil jury trial in circuit court.
(C) The trial observations may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."
SECTION 8. Section 22-1-15 of the 1976 Code is amended to read:
"Section 22-1-15. (A) The provisions of Section 22-1-10 (B)(1) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate presently holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such a magistrate's violation of this subsection terminates that magistrate's his term of office.
(B) The provisions of Section 22-1-10(B)(2) do not apply to a magistrate serving on July 1, 1999, during his tenure in office."
SECTION 9. The 1976 Code is amended by adding:
"Section 22-1-17. (A) The South Carolina Court Administration is authorized to establish and determine the number of contact hours to be completed in a two-year continuing education program available to a magistrate who has successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.
(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates. The technical college system may assess a reasonable fee for each participant in the program in order to pay for the program's expenses.
(C) The funding for this program must be appropriated from the state's general fund. The provisions of this subsection are effective July 1, 2000; however, the planning and development of this program shall commence on or after July 1, 1999."
SECTION 10. The 1976 Code is amended by adding:
"Section 22-1-19. An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council shall submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall consist of:
(1) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Trial Lawyers Association;
(2) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;
(3) a solicitor appointed by the Chief Justice of the Supreme Court;
(4) a law enforcement officer appointed by the Chief Justice of the Supreme Court;
(5) a person to represent victims appointed by the Chief Justice of the Supreme Court;
(6) a representative designated by the Criminal Justice Academy;
(7) a representative designated by the State Board for Technical and Comprehensive Education;
(8) a representative designated by the South Carolina Appleseed Legal Justice Center;
(9) a representative designated by the Summary Court Judges Association;
(10) a representative designated by the Dean of the University of South Carolina School of Law;
(11) a representative designated by the Chairman of the Senate Judiciary Committee;
(12) a representative designated by the Chairman of the House Judiciary Committee; and
(13) a representative designated by the Governor."
SECTION 11. Section 22-1-30 of the 1976 Code is amended to read:
"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with the training and examination requirements of Section 22-1-10(C) may subject him to suspension or removal by order of the Supreme Court."
SECTION 12. The 1976 Code is amended by adding:
"Section 22-2-5. (A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2000. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2000, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made.
(B) The Court Administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The Court Administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall commence on or after July 1, 1999."
SECTION 13. Section 22-2-200 of the 1976 Code is amended to read:
"Section 22-2-200. The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-3-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22."
SECTION 14. Section 22-2-40 of the 1976 Code is amended to read:
"Section 22-2-40. (A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area.
(B) In each county, a magistrate or magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
1. (1) To to issue criminal warrants;
2. (2) To to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
3. (3) To to order the release of prisoners when proper and adequate bonds have been duly posted; and
4. (4) To to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the Chief Magistrate.
(C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be varied from the required and permissive provisions in Section 22-8-40(C) and (D) by filing with Court Administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased throughout his term in office."
SECTION 15. 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.
(B) All magistrates Each magistrate in this State must be paid according to the following base salary ranges as determined by the following factors by the county which he serves:
(1) The following salary schedule shall be used to determine a magistrate's annual compensation prior to the completion of his fourth year in office:
(a) upon being appointed a magistrate, a magistrate shall be paid seventy-five percent of the lowest salary rate for his county's population category as provided in item (2);
(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12, a magistrate shall be paid eighty percent of the lowest salary rate for his county's population category as provided in item (2);
(c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the lowest salary rate for his county's population category as provided in item (2);
(d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the lowest salary rate for his county's population category as provided in item (2);
(e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the lowest salary rate for his county's population category as provided in item (2).
(2) There is established a base salary range for each population category depending upon the number of years served as follows:
(a) for those counties with a population of two one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary range is twenty-nine thousand dollars forty-nine to fifty-five percent of a circuit judge's salary for the state's previous fiscal year;. Upon completion of his fourth year in office, a magistrate in this population category shall be paid forty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his eighth year in office, a magistrate in this population category shall be paid fifty-one percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his twelfth year in office, a magistrate in this population category shall be paid fifty-three percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his sixteenth year in office, a magistrate in this population category shall be paid fifty-five percent of a circuit judge's salary for the state's previous fiscal year.
(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary range is twenty-seven thousand dollars thirty-nine to forty-five percent of a circuit judge's salary for the state's previous fiscal year; . Upon completion of his fourth year in office, a magistrate in this population category shall be paid thirty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his eighth year in office, a magistrate in this population category shall be paid forty-one percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his twelfth year in office, a magistrate in this population category shall be paid forty-three percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his sixteenth year in office, a magistrate in this population category shall be paid forty-five percent of a circuit judge's salary for the state's previous fiscal year.
(c) for those counties with a population of at least one hundred twenty 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 range is twenty-five thousand dollars twenty-nine to thirty-five percent of a circuit court judge's salary for the state's previous fiscal year;. Upon completion of his fourth year in office, a magistrate in this population category shall be paid twenty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his eighth year in office, a magistrate in this population category shall be paid thirty-one percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his twelfth year in office, a magistrate in this population category shall be paid thirty-three percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his sixteenth year in office, a magistrate in this population category shall be paid thirty-five percent of a circuit judge's salary for the state's previous fiscal year.
(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, less than twenty thousand according to the latest official United States Decennial Census, the base salary range is twenty-two thousand twenty-seven to thirty-three percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this population category shall be paid twenty-seven percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his eighth year in office, a magistrate in this population category shall be paid twenty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his twelfth year in office, a magistrate in this population category shall be paid thirty-one percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his sixteenth year in office, a magistrate in this population category shall be paid thirty-three percent of a circuit judge's salary for the state's previous fiscal year.
(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.
(3) Notwithstanding the provisions of item (2), for any county which has no municipal courts, the magistrates must be paid at a minimum according to the salary range in subitem (2)(b) which is thirty-nine to forty-five percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this category shall be paid thirty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his eighth year in office, a magistrate in this category shall be paid forty-one percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his twelfth year in office, a magistrate in this category shall be paid forty-three percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his sixteenth year in office, a magistrate in this category shall be paid forty-five percent of a circuit judge's salary for the state's previous fiscal year.
(4) The provisions of this subsection are effective January 1, 2000.
(C) The number of magistrates shall be determined using the following factors:
(2) (1) 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.
(3) (2) 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.
(3) Notwithstanding the provisions of subsection (D), 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) (1) of this section subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) (2) of this section subsection. 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 magistrates may be added until a county has less than the ratio.
(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula:
(1) for counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed;
(2) for counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed;
(3) for counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed; and
(4) for counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed.
(C)(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.
(D)(F) Part-time magistrates are entitled to a proportionate percentage of the 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 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 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)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense expenses 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 hundred dollars and reimbursed for travel expense expenses as provided by law while in the actual performance of his duties. In a county with a population of two hundred thousand or more, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by the South Carolina Court Administration. A new rotation must begin on January 1, 2000, and a magistrate serving as chief magistrate on December 31, 1999, is not eligible to be appointed as chief magistrate for the term beginning on January 1, 2000.
(G)(H) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.
(H)(I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.
(I)(J) 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, and must be paid the same percentage annual increase in salary as other magistrates. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.
(J)(K) No county may pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section.
(K)(L) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county or from paying a magistrate a merit raise in addition to the salary established for that county.
(L)(M) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section."
SECTION 16. 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.
(B) All magistrates Each magistrate in this State must be paid according to the following base salary ranges as determined by the following factors by the county which he serves:
(1) There is established a base salary range for each population category depending upon the number of years served as follows:
(a) for those counties with a population of two one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary range is twenty-nine thousand dollars forty-nine to fifty-five percent of a circuit judge's salary for the state's previous fiscal year;. Upon being appointed a magistrate, a magistrate in this population category shall be paid forty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this population category shall be paid fifty-five percent of a circuit judge's salary for the state's previous fiscal year.
(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary range is twenty-seven thousand dollars thirty-nine to forty-five percent of a circuit judge's salary for the state's previous fiscal year; . Upon being appointed a magistrate, a magistrate in this population category shall be paid thirty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this population category shall be paid forty-five percent of a circuit judge's salary for the state's previous fiscal year.
(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, less than fifty thousand according to the latest official United States Decennial Census, the base salary range is twenty-five thousand dollars twenty-nine to thirty-five percent of a circuit court judge's salary for the state's previous fiscal year;. Upon being appointed a magistrate, a magistrate in this population category shall be paid twenty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this population category shall be paid thirty-five percent of a circuit judge's salary for the state's previous fiscal year.
(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.
(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.
(2) Notwithstanding the provisions of item (1), for any county which has no municipal courts, the magistrates must be paid at a minimum according to the salary range in subitem (1)(b) which is thirty-nine to forty-five percent of a circuit judge's salary for the state's previous fiscal year. Upon being appointed a magistrate, a magistrate in this population category shall be paid thirty-nine percent of a circuit judge's salary for the state's previous fiscal year. Upon completion of his fourth year in office, a magistrate in this population category shall be paid forty-five percent of a circuit judge's salary for the state's previous fiscal year.
(3) The provisions of this subsection are effective January 1, 2000.
(C) The number of magistrates shall be determined using the following factors:
(2) (1) 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.
(3) (2) 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.
(3) Notwithstanding the provisions of subsection (D), 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) (1) of this section subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) (2) of this section subsection. 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 magistrates may be added until a county has less than the ratio.
(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula:
(1) for counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed;
(2) for counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed;
(3) for counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed; and
(4) for counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed.
(C)(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.
(D)(F) Part-time magistrates are entitled to a proportionate percentage of the 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 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 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)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense expenses 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 hundred dollars and reimbursed for travel expense expenses as provided by law while in the actual performance of his duties. In a county with a population of two hundred thousand or more, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by the South Carolina Court Administration. A new rotation must begin on January 1, 2000, and a magistrate serving as chief magistrate on December 31, 1999, is not eligible to be appointed as chief magistrate for the term beginning on January 1, 2000.
(G)(H) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.
(H)(I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.
(I)(J) 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, and must be paid the same percentage annual increase in salary as other magistrates. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.
(J)(K) No county may pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section.
(K)(L) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county or from paying a magistrate a merit raise in addition to the salary established for that county.
(L)(M) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section."
SECTION 17. Section 34-11-70(b) and (c) of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty thirty-five dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty thirty-five dollars submitted before the date set for trial after the issuance of a warrant."
SECTION 18. The first two paragraphs of Section 34-11-90 of the 1976 Code are further amended to read:
"A person violating who violates the provisions of this chapter, upon conviction, for a first or second offense must be punished as follows:
If the amount of the instrument is five hundred one thousand dollars or less, it must be tried exclusively in a magistrate's court. A municipal governing body, by ordinance, may adopt by reference the provisions of this chapter as an offense under its municipal ordinances and by so doing authorizes its municipal court to try violations of this chapter. If the amount of the instrument is over five hundred one thousand dollars, it must be tried in the court of general sessions or any other court having concurrent jurisdiction. Notwithstanding the provisions of this paragraph, a person violating who violates the provisions of this chapter, upon conviction for a third or subsequent conviction, may be tried in either a magistrate's court or in the court of general sessions.
(a) Convictions in a magistrate's court are punishable as follows:
(1) for a first conviction, if the amount of the instrument is five hundred dollars or less, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days;
(2) for a first conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less than three hundred nor more than five hundred dollars or by imprisonment for not more than thirty days, or both;
(3) for a second or subsequent conviction, if the amount of the instrument is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for thirty days.;
(4) for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less than five hundred dollars or by imprisonment for not less than thirty days, or both.
(b) Convictions in the court of general sessions or any other court having concurrent jurisdiction are punishable as follows: for a first conviction by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both; and for a second and each or subsequent conviction by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years.
(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed twenty thirty-five dollars. For a second and or subsequent convictions conviction for a violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be is discretionary with the court.
(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed twenty thirty-five dollars, and the service charge provided in Section 34-11-70.
(e) After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.
As used in this section the term 'conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. A conviction is classified as a felony if the instrument drawn or uttered in violation of this chapter exceeds the amount of five thousand dollars.
Each instrument drawn or uttered in violation of this chapter shall constitute constitutes a separate offense."
SECTION 19. The Supreme Court is requested to make a report to the respective Chairmen of the Senate and House of Representatives Judiciary committees by March 15, 2000, with recommendations for additional changes in the magistrates courts system.
SECTION 20. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 21. This act takes effect upon approval by the Governor.
This web page was last updated on
Friday, June 26, 2009 at 2:58 P.M.