A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 2-19-115 SO AS TO REQUIRE CANDIDATES FOR MAGISTRATE POSITIONS TO BE REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION IN THE SAME MANNER AS OTHER JUDICIAL CANDIDATES UPON VACANCIES, AND TO DEFINE WHEN VACANCIES OCCUR; BY AMENDING SECTION 22-3-10, RELATING TO CIVIL JURISDICTION IN MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION OF MAGISTRATES COURT; AND BY AMENDING SECTION 22-8-30, RELATING TO THE FACILITIES AND PERSONNEL OF MAGISTRATES' COURTS IN EACH COUNTY, SO AS TO REQUIRE THE PERSONNEL PROVIDED FOR MAGISTRATES IN EACH COUNTY TO INCLUDE ONE OR MORE LICENSED ATTORNEYS IN GOOD STANDING OF THE SOUTH CAROLINA BAR.

 

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

 

SECTION 1.  Chapter 19, Title 2 of the S.C. Code is amended by adding:

 

    Section 2-19-115.  (A) Upon a magistrate position vacancy, the Senate shall forward a magistrate candidate to the Judicial Merit Selection Commission for review. The commission shall conduct the same review as for other judicial candidates and may conduct a public hearing in the same manner as other judicial candidates pursuant to the provisions of this chapter as the commission deems necessary. The commission shall forward a report on a magistrate candidate's qualifications to the Senate and Governor prior to the Governor's appointment. The Governor's appointment process followed by advice and consent of the Senate is pursuant to the provisions of Section 22-1-10. No person found not qualified by the commission may be appointed to a magistrate position.

    (B) For purposes of this section, a vacancy is created in a magistrate position when any of the following occurs, a:

       (1) term expires;

       (2) new magistrate position is created; or

       (3) magistrate no longer can serve due to resignation, retirement, disciplinary action, disability, or death.

 

SECTION 2.  Section 22-3-10 of the S.C. Code is amended to read:

 

    Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:

    (1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars;

    (2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

    (3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred fifteen thousand dollars;

    (4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

    (5) in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred fifteen thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

    (6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred fifteen thousand dollars;

    (7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

    (8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred dollars;

    (9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

    (10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41, of Title 27;

    (11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred fifteen thousand dollars;

    (12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred fifteen thousand dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;

    (13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars; and

    (14) in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;  however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated.

 

SECTION 3.  Section 22-8-30 of the S.C. Code is amended to read:

 

    Section 22-8-30. (A) Each county shall provide sufficient facilities and personnel for the necessary and proper operation of the magistrates' courts in that county.

    (B) Other personnel determined to be necessary by the county for magistrates in a county must be provided by the governing body of the county and must be county employees and be paid by the county.

    (C) The compensation of constables may vary, and salaries and perquisites must be determined by the governing board of the county and funded by the county.

    (D)(1) Notwithstanding the provisions of this section, and subject to the provisions of subsection (D)(2), the personnel provided for magistrates in each county must include at least one person who is a licensed attorney in good standing with the State.

       (2) In counties with populations in excess of ninety thousand citizens, the personnel provided for magistrates in each county must include two or more persons who are licensed attorneys in good standing with the State.

 

SECTION 4.  This act takes effect upon approval by the Governor.

----XX----