Bill 521

                    Current Status

BillNumber:                521
Ratification Number:       136
Act Number:                258
Introducing Body:          Senate
Subject:                   Magisterial districts in Oconee County

(A258, R136, S521)

AN ACT TO MODIFY THE NUMBER, DUTIES AND DISTRICTS OF MAGISTRATES IN OCONEE COUNTY; TO DEFINE JURY AREAS FOR MAGISTRATES' COURTS IN OCONEE COUNTY; AND TO REPEAL ACT 25 OF 1967, RELATING TO OCONEE COUNTY MAGISTERIAL DISTRICTS, ACT 1073 OF 1964, RELATING TO OCONEE COUNTY MAGISTERIAL DISTRICTS AND TO THE JURISDICTION OF MAGISTRATES IN OCONEE COUNTY, AND THE FIRST PARAGRAPH OF SECTION I OF ACT 11 OF 1933, RELATING TO OCONEE COUNTY MAGISTRATES.

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

Magisterial districts, in Oconee County

SECTION 1. Oconee County shall be divided into the following two magisterial districts and jury areas, comprised respectively of the specified voting precincts:

District 1 and Jury Area 1-Mt. Rest, Salem, Tamassee, Walhalla No. 1, Walhalla No. 2, West Union, Keowee, Holly Springs, Long Creek, Madison, Westminster No. 1, Westminster No. 2

District 2 and Jury Area 2-Corinth, Ravenel, Friendship, Newry, Shiloh, Utica, Seneca No. 1, Seneca No. 2, Seneca No. 3, Seneca No. 4, Richland, Earles Grove, Providence, Return, Tokeena, Fair Play, Oakway, South Union

Administrative duties of chief magistrate

SECTION 2. A. There shall be two magistrates in Oconee County with full magisterial powers and authority, whose jurisdiction shall be countywide, one of whom shall be the Chief Magistrate, whose office shall be in District One at the Oconee County Law Enforcement Center in Walhalla, and the other shall have offices in District Two; provided, however, that one of these magistrates shall sit in Westminster at least two days a week. They shall conduct trials and preliminary hearings at such times and places throughout the county as may be required by the interests of justice. The Chief Magistrate shall have the following administrative duties:

(1) Establish and maintain records of all cases instituted in magistrate's court, including the dates of issuance of warrants and the final disposition thereof;

(2) Insure that at least one magistrate of the court is available for duty within the county at all times, and to specify the place of duty;

(3) Hire and supervise support personnel of the court;

(4) Prepare and submit the budget of the court;

(5) Maintain a register of the qualified voters of the county from the most recent list of the State Election Commission to be used in jury selection for the court;

(6) Prepare and submit reports of the court as may be required by law.

B. There shall be one ministerial magistrate in Oconee County with powers and duties as provided for in Section 22-2-40 of the 1976 Code. The ministerial magistrate shall have countywide jurisdiction and shall be subject to such duties and places of duty as may be assigned by the Chief Magistrate.

Appointment of magistrates

SECTION 3. Appointment of magistrates shall not be constrained or restricted by the candidate's magisterial district of residence.

Papers shall be transferred

SECTION 4. In any cause requiring either a change of venue or disqualification of one of the county's trial magistrates, the papers shall be transferred to the other of the county's trial magistrates who shall then be vested with full power and authority to dispose of the matter by trial or otherwise.

Compensation

SECTION. 5. Compensation for magistrates in Oconee County shall be as provided for by law.

Repeal

SECTION 6. Act 25 of 1967, Act 1073 of 1964, and the first paragraph of Section 1 of Act 11 of 1933 (leaving in force that portion of Section 1 designated as Section 43-219 of the 1962 Code) are repealed.

Time effective

SECTION 7. This act shall take effect on July 1, 1981.

Approved the 4th day of June, 1981.