South Carolina General Assembly
115th Session, 2003-2004

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Bill 3957

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 14, 2004

H. 3957

Introduced by Reps. Sandifer, Harrison, Delleney, Talley, Whitmire, Hagood and Whipper

S. Printed 4/14/04--S.

Read the first time March 18, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3957) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill as and if amended, by striking all after the enacting words and inserting therein the following:

/    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 are 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.

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 shall must be appointed by the council to serve for a term set by the council of not less than two years but not to exceed four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council."

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.        /

Renumber sections to conform.

Amend title to conform.

GLENN F. MCCONNELL for Committee.

            

A BILL

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 SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

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

SECTION    1.    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 shall must be appointed by the council to serve for a term set by the council of not less than two years and not to exceed more than four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council."

SECTION    2.    This act takes effect upon approval by the Governor and applies to municipal judges appointed on or after this act's effective date.

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