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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 21, 2004
S. 658
S. Printed 1/21/04--S.
Read the first time April 23, 2003.
To whom was referred a Bill (S. 658) to amend Section 14-25-15, as amended, Code of Laws of South Carolina, 1976, relating to appointment and terms of municipal judges, etc., respectfully
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, page 1, beginning on line 38, as contained in SECTION 1(6), by striking lines 38 through 42 in their entirety and inserting therein the following:
/ (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 /
Amend the bill further, as and if amended, page 2, line 8-9, in Section 14-25-15(A), as contained in SECTION 2, by striking lines 8 and 9 in their entirety and inserting therein the following:
/ council to serve for a term set by to coincide with the terms of the council members or, if the council members have staggered terms with the term of the mayor, and not to exceed either two or four years and until his successor is appointed and qualified. His /.
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
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. 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.
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 not to exceed of 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.
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