South Carolina General Assembly
115th Session, 2003-2004

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A238, R319, S658

STATUS INFORMATION

General Bill
Sponsors: Senator Alexander
Document Path: l:\council\bills\swb\5387sd03.doc
Companion/Similar bill(s): 3957

Introduced in the Senate on April 23, 2003
Introduced in the House on February 12, 2004
Last Amended on April 29, 2004
Passed by the General Assembly on May 5, 2004
Governor's Action: May 24, 2004, Signed

Summary: Municipal court judges, terms

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/23/2003  Senate  Introduced and read first time SJ-12
   4/23/2003  Senate  Referred to Committee on Judiciary SJ-12
   1/21/2004  Senate  Committee report: Favorable with amendment Judiciary SJ-8
   1/22/2004  Senate  Amended SJ-23
   1/22/2004          Scrivener's error corrected
   1/23/2004          Scrivener's error corrected
   1/29/2004  Senate  Read second time SJ-11
   1/29/2004  Senate  Ordered to third reading with notice of amendments SJ-11
   2/11/2004  Senate  Amended SJ-47
   2/11/2004  Senate  Read third time and sent to House SJ-47
   2/12/2004  House   Introduced and read first time HJ-7
   2/12/2004  House   Referred to Committee on Judiciary HJ-7
   4/22/2004  House   Recalled from Committee on Judiciary HJ-60
   4/27/2004  House   Amended HJ-90
   4/27/2004  House   Read second time HJ-90
   4/28/2004  House   Read third time and returned to Senate with amendments 
                        HJ-15
   4/29/2004  Senate  House amendment amended SJ-5
   4/29/2004  Senate  Returned to House with amendments SJ-5
   4/30/2004          Scrivener's error corrected
    5/5/2004  House   Concurred in Senate amendment and enrolled HJ-14
   5/19/2004          Ratified R 319
   5/24/2004          Signed By Governor
   5/27/2004          Copies available
   5/27/2004          Effective date See Act for Effective Date
   6/10/2004          Act No. 238

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/23/2003
1/21/2004
1/22/2004
1/22/2004-A
1/23/2004
2/11/2004
4/22/2004
4/27/2004
4/29/2004
4/30/2004


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

(A238, R319, S658)

AN ACT TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A TERM SET BY THE COUNCIL OF THE MUNICIPALITY OF NOT LESS THAN TWO YEARS AND NOT TO EXCEED FOUR YEARS.

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

Findings

SECTION    1.    The General Assembly finds that:

(1)    Section 14-25-5 of the 1976 Code provides for the establishment of municipal courts by each municipality which "shall be a part of the unified judicial system of this State";

(2)    Section 14-25-45 provides that such municipal courts "shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates";

(3)    Section 14-25-65 provides that municipal judges shall have the same authority for punishment, contempt, and restitution in criminal cases as do magistrates;

(4)    Section 14-25-15 provides that municipal judges are required to comply with the same educational requirements in criminal matters as do magistrates;

(5)    Section 14-25-208 provides that municipal courts must collect assessments and adhere to the same reporting requirements as required of magistrates' courts;

(6)    municipal judges and magistrates are subject to the Code of Judicial Conduct found in Rule 501 of the South Carolina Appellate Court Rules which requires an independent judiciary which shall not be swayed by partisan interests, public clamor, or fear of criticism; and

(7)    an independent judiciary requires that municipal judges be appointed to the same terms of appointment as magistrates.

Judge's term set by council

SECTION    2.    Section 14-25-15(A) of the 1976 Code, as amended by Act 394 of 2000, is further amended to read:

"(A)    Each municipal judge must be appointed by the council to serve for a term set by the council of not less than two years but not more than four years and until his successor is appointed and qualified. His compensation must be fixed by the council."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and applies to municipal judges appointed on or after this act's effective date.

Ratified the 19th day of May, 2004.

Approved the 24th day of May, 2004.

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