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H. 3163
STATUS INFORMATION
General Bill
Sponsors: Rep. King
Document Path: l:\council\bills\ms\7100ahb09.docx
Introduced in the House on January 13, 2009
Currently residing in the House Committee on Judiciary
Summary: Municipal court established
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/16/2008 House Prefiled 12/16/2008 House Referred to Committee on Judiciary 1/13/2009 House Introduced and read first time HJ-73 1/13/2009 House Referred to Committee on Judiciary HJ-74
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 14-25-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MUNICIPAL COURTS BY ORDINANCE, SO AS TO REQUIRE THE COUNCIL OF EACH MUNICIPALITY TO ESTABLISH A MUNICIPAL COURT, EMPLOY ONE OR MORE FULL-TIME MUNICIPAL JUDGES, AND MAINTAIN NORMAL BUSINESS HOURS; AND TO AMEND SECTION 14-25-25, RELATING TO THE ELIGIBILITY REQUIREMENTS OF MUNICIPAL JUDGES AND THE PROCEDURE FOR FILLING VACANCIES, SO AS TO REQUIRE A MUNICIPAL JUDGE TO BE A RESIDENT OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-5 of the 1976 Code is amended to read:
"Section 14-25-5. (a)(A) The council of each municipality in this Statemay, by ordinance, must establish a municipal court, which shall beis a part of the unified judicial system of this State, for the trial and determination of all cases within its jurisdiction. The ordinance shallmust provide for the appointment of one or more full-time or part-timejudges, part-time judges as deemed necessary, and the appointment of a clerk.
(b)(B) AnyA municipality establishing a municipal court pursuant to the provisions of this chapter shall provide facilities for the use of judicial officers in conducting trials and hearings and shall provide sufficient clerical and nonjudicial support personnel to assist the municipal judge who is required to maintain normal business hours.
(c)(C) AnyA municipality may prosecute any of its cases in any magistratea magistrates court in the county in which suchthe municipality is situatelocated upon approval by the governing body of the county.
(D) For purposes of this section, the term 'normal business hours' means Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m. with the exception of state holidays recognized by law."
SECTION 2. Section 14-25-25 of the 1976 Code is amended to read:
"Section 14-25-25. A municipal judge shall not beis not required to be a resident of the municipality by whom he is employed but must be a resident of the county in which the municipality is located. A municipality may contract with any other municipality in the county or with the county governing body to employ the municipal judge of the other municipality or a magistrate to preside over its court. In case of a vacancy in the office of municipal judge, a successor shallmust be appointed in the manner of original appointment for the unexpired term. In case of the temporary absence, sickness, or disability of a municipal judge, the court shallmust be held by a judge of another municipality or by a practicing attorney or some other person who has received training or experience in municipal court procedure, who shall beis designated by the mayor and must take the prescribed oath of office before entering upon his duties."
SECTION 3. This act takes effect upon approval by the Governor.
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