South Carolina General Assembly
107th Session, 1987-1988

Bill 1


                    Current Status

Bill Number:               1
Ratification Number:       806
Act Number                 678
Introducing Body:          Senate
Subject:                   Relating to fees collected by
                           magistrates
View additional legislative information at the LPITS web site.


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

(A678, R806, S1)

AN ACT TO AMEND SECTIONS 8-21-1010 AND 8-21-1060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY MAGISTRATES, SO AS TO ALTER THE SCHEDULE OF FEES AND TO ALLOW MAGISTRATES TO AWARD ATTORNEY'S FEES; TO AMEND SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO ESTABLISH THEIR TERMS AND TO DEFINE THEIR QUALIFICATIONS; TO AMEND SECTION 22-2-10, RELATING TO SENATORIAL RECOMMENDATIONS OF MAGISTRATES, SO AS TO DELETE PROVISIONS ALLOWING PREFERENTIAL ELECTIONS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE FOR MAGISTRATES' COMPENSATION AND FOR THE FUNDING OF THE OPERATION OF THEIR OFFICES; TO REQUIRE THE TRANSFER OF COUNTERCLAIMS, WHICH IF SUCCESSFUL WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, FROM MAGISTRATE'S COURT TO THE COURT OF COMMON PLEAS, TO ALLOW THE INCREASE OF THE NUMBER OF MAGISTRATES IN COUNTIES WHICH GENERATE FOUR MILLION DOLLARS OR MORE IN ACCOMMODATIONS TAX REVENUE, AND TO ALLOW AN ADDITIONAL PART-TIME MAGISTRATE IN COUNTIES HAVING A POPULATION OF FIFTEEN THOUSAND OR LESS IN CERTAIN INSTANCES; TO ALLOW APPEALS BY MAGISTRATES OF RULINGS BY COUNTY GOVERNING BODIES; TO AMEND SECTIONS 14-11-10, 14-11-20, 14-11-30, 14-11-60, AND 14-11-310, RELATING TO MASTERS-IN-EQUITY, SO AS TO REQUIRE, AS A PART OF THE UNIFIED JUDICIAL SYSTEM, A MASTER-IN-EQUITY COURT FOR COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THIRTY THOUSAND AND TO PERMIT THE OTHER COUNTIES TO HAVE PART-TIME MASTERS-IN-EQUITY OR TO JOIN OTHER COUNTIES IN CREATING THE OFFICE, TO INCREASE THE TERMS OF MASTERS-IN-EQUITY FROM FOUR TO SIX YEARS, AND TO ESTABLISH QUALIFICATIONS FOR THE OFFICE, REQUIRE AN OATH, AND TO PROHIBIT OR LIMIT THE PRACTICE OF LAW BY MASTERS-IN-EQUITY, TO PROVIDE FOR FUNDING OF MASTERS-IN-EQUITY OFFICES, TO PROVIDE FOR THE COMPENSATION OF MASTERS-IN-EQUITY, TO PROVIDE FOR SPECIAL MASTERS-IN-EQUITY WHEN THE OFFICE OF MASTER-IN-EQUITY IS VACANT, AND TO ALTER THE FEE WHICH MASTERS-IN-EQUITY MAY COLLECT; TO AMEND SECTIONS 14-27-20, 14-27-30, AND 14-27-40, RELATING TO THE JUDICIAL COUNCIL, SO AS TO PROVIDE THAT TWO FAMILY COURT JUDGES AND TWO MASTERS-IN-EQUITY MUST BE APPOINTED TO THE COUNCIL BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO ALLOW DESIGNEES TO SERVE INSTEAD OF EX OFFICIO MEMBERS, AND TO ESTABLISH TERMS OF THE MEMBERS; TO AMEND THE 1976 CODE BY ADDING SECTION 14-11-15 SO AS TO PROVIDE THAT THE MASTER-IN-EQUITY IS THE JUDGE OF THE EQUITY COURT, A DIVISION OF THE CIRCUIT COURT; TO AMEND SECTIONS 8-21-760 AND 14-23-1040, RELATING TO PROBATE JUDGES, SO AS TO PROVIDE FOR THEIR COMPENSATION, TO REQUIRE FUNDING OF THE OPERATION OF THE PROBATE COURT BY THE COUNTY, AND TO ESTABLISH QUALIFICATIONS FOR HOLDING THE OFFICE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-21-765 AND 9-11-25 SO AS TO PROVIDE A COMPENSATION SCHEDULE FOR PROBATE JUDGES AND TO ALLOW THEM TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM; AND TO REPEAL SECTIONS 14-11-90, 14-11-140, 14-11-320, AND 22-2-180 RELATING TO MASTERS-IN-EQUITY AND MAGISTRATES.

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

PART I

Magistrates

Magistrates' fees

SECTION 1. Section 8-21-1010 of the 1976 Code is amended to read:

"Section 8-21-1010. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties, five dollars;

(2) for granting an order for civil special bail, with or without sureties, five dollars;

(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;

(4) for administering and certifying oaths or documents in writing, two dollars;

(5) for issuing any prerogative writ, five dollars;

(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five dollars;

(7) for issuing execution and renewal thereof, ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ten dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;

(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;

(13) for each tax execution collected, five dollars;

(14) for filing or issuing any other paper not provided for in this section, five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."

Magistrates' fees

SECTION 2. Section 8-21-1060 of the 1976 Code is amended to read:

"Section 8-21-1060. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrate or his officers and deposited in the general fund of the county:

(1) for summoning a witness to magistrate court in a civil action, three dollars, plus mileage at the current state rate;

(2) for summoning the jury panel to try a civil action in magistrate court, five dollars, to be taxed against the losing party;

(3) for summoning a coroner's jury and witnesses, five dollars, and mileage, to be paid only if inquest is demanded by person other than the State, county, or authorized officer thereof;

(4) for serving a summons, rule, order, or notice by a magistrate in a civil action, five dollars, plus mileage;

(5) for serving an attachment or civil arrest on a person and making return thereof, five dollars, plus mileage;

(6) for selling an estray, five percent of the sale proceeds;

(7) for levying execution, posting notice of sale, conducting sale, and paying over proceeds in a magistrate court action, ten dollars;

(8) for serving warrants, or any other criminal process, and for conveying prisoners by order of the magistrate or other court, mileage as permitted under Section 8-21-1040."

Attorney's fees

SECTION 3. A magistrate may award attorney's fees in the same manner as is provided by law for circuit judges in this State in civil matters.

Appointment of magistrates - qualifications

SECTION 4. Section 22-1-10 of the 1976 Code is amended to read:

"Section 22-1-10. (A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State who shall hold their office for the term of four years and until their successors are appointed and qualified. Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.

(B) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education."

Magistrates presently serving

SECTION 5. The provisions of Section 22-1-10(B) of the 1976 Code do not apply to a magistrate serving on the effective date of this act during his tenure in office. A magistrate presently holding office must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of the effective date of this act and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on the effective date of this act. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation and such violation terminates that magistrate's term of office.

Screening committees

SECTION 6. Section 22-2-10 of the 1976 Code is amended to read:

"Section 22-2-10. A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees."

Magistrates' compensation

SECTION 7. Title 22 of the 1976 Code is amended by adding:

"CHAPTER 8

Magistrates' Compensation

Section 22-8-10. As used in this chapter:

(1) 'Chief magistrate' means the magistrate in each county who is designated by the Chief Justice of the South Carolina Supreme Court as the chief magistrate for administrative purposes for the county which he serves.

(2) 'Full-time magistrate' means a magistrate who regularly works forty hours a week performing official duties required of a magistrate as a judicial officer.

(3) 'Part-time magistrate' means a magistrate who regularly works less than forty hours a week performing official duties required of a magistrate as a judicial officer.

Section 22-8-20. Magistrates are judicial officers, and the hours they spend in the performance of their official duties are hours spent in the exercise of their judicial function. The exercise of the judicial function involves the examination of facts leading to findings, the application of law to those findings, and the ascertainment of the appropriate remedy. Time spent in the performance of judicial functions also includes time spent performing ministerial duties necessary for the exercise of the magistrates' judicial powers, as well as necessary travel and training time. In the case of chief magistrates, the judicial function includes time necessary to perform the administrative and other duties required of a chief magistrate for administrative

purposes. The classification or reclassification of magistrates as full time or part time must be made in consideration of these factors.

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.

Section 22-8-40. (A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.

(B) All magistrates in this State must be paid the base salary as determined by the following factors:

(1) There is established a base salary for each population category as follows:

(a) for those counties with a population of two hundred thousand and above, according to the latest official United States Decennial Census, the base salary is twenty-nine thousand dollars;

(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-seven thousand dollars;

(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-five thousand dollars;

(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars;

(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars; and

(f) for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars.

(2) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.

(3) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.

The maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (2) of this section and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) of this section. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.

(C) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.

(D) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body upon the recommendation

of the chief magistrate.

(E) A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year.

(F) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties.

(G) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.

(H) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.

(I) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.

(J) No county may pay a magistrate lower than the base salary established for that county by the provisions of subsection (B) of this section.

(K) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county.

(L) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying in excess of the minimum base salaries provided for in this section.

Section 22-8-50. (A) A magistrate aggrieved by a ruling or action taken by a county or the governing body of the county concerning classification, reclassification, or compensation of magistrates based upon this chapter, or with respect to the operation of the magistrates' court system within the county, may petition the county governing body, in writing, for redress.

(B) The county governing body of each county shall hear and determine contested cases arising within the county in connection with classification, reclassification, and compensation of magistrates, or with respect to the operation of the magistrates' court system within its county, in accordance with the provisions of Article 3, Chapter 23 of Title 1,

and subject to judicial review as provided in Section 1-23-380."

Counterclaims

SECTION 8. When a counterclaim is filed which if successful would exceed two thousand five hundred dollars then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.

Number of magistrates

SECTION 9. The provisions of this Part may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter.

Number of magistrates - further

SECTION 10. The number of magistrates in the counties below fifteen thousand in population may be increased by one part-time additional magistrate if the number allowed under this bill, as amended, is less by .25 than the number presently serving in office.

PART II

Masters-in-Equity

Master-in-equity courts

SECTION 1. Section 14-11-10 of the 1976 Code is amended to read:

"Section 14-11-10. As a part of the unified judicial system, there is established in each of the counties of this State having a population of at least one hundred thirty thousand, according to the latest official United States Decennial Census, a master-in-equity court. The master-in-equity for the court must be appointed pursuant to the provisions of Section 14-11-20. Nothing in this section prohibits a county or area with a population of less than one hundred thirty thousand, according to the latest official United States Decennial Census, from having a part-time master-in-equity. The governing bodies of any two or more counties may join together to fund the office of master-in-equity to serve two or more counties. Funding of this master-in-equity must be borne by each county included on a per capita population basis."

Masters-in-equity presently serving

SECTION 2. The master-in-equity for each county presently holding office continues to serve as master-in-equity until the expiration of his term of office at which time his successor may be selected as provided by law.

Equity courts

SECTION 3. The 1976 Code is amended by adding:

"Section 14-11-15. The equity court is considered a division of the circuit court, and the master-in-equity, as judge of the equity court, is entitled to all the benefits and subject to all the requirements of the South Carolina Bar and the rules of the Supreme Court in the same respect as circuit court and family court judges. This section may not be construed as providing retirement for masters-in-equity under the provisions of Chapter 8 of Title 9."

Appointment of masters-in-equity;

qualifications

SECTION 4. Section 14-11-20 of the 1976 Code is amended to read:

"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six years upon his appointment, has not been a licensed attorney for at least five years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment.

Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.

A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."

County to fund - salaries

SECTION 5. Section 14-11-30 of the 1976 Code is amended to read:

"Section 14-11-30. The governing body of the county or counties in which a master-in-equity serves shall provide the salary, equipment, facilities, and supplies of the master-in-equity, together with the salaries of support personnel and all other costs for the necessary and proper operation of the master-in-equity's office. The salaries of the masters-in-equity are as follows:

(1) Where the area served has a population of up to thirty-four thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to ten percent of that of a circuit judge.

(2) Where the area served has a population of between thirty-five thousand and forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to fifteen percent of that of a circuit judge.

(3) Where the area served has a population of between fifty thousand and seventy-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to twenty-five percent of that of a circuit judge.

(4) Where the area served has a population of between eighty thousand and ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to forty-five percent of that of a circuit judge.

(5) Where the area served has a population of between one hundred thousand and one hundred twenty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is part time and must be paid a salary equal to fifty-five percent of that of a circuit judge.

(6) Where the area served has a population of between one hundred thirty thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to seventy-five percent of that of a circuit judge.

(7) Where the area served has a population of between one hundred fifty thousand and one hundred ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to eighty percent of that of a circuit judge.

(8) Where the area served has a population of between two hundred thousand and two hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is full time and must be paid a salary equal to eighty-five percent of that of a circuit judge.

(9) Where the area served has a population of over two hundred fifty thousand, according to the latest official United States Decennial Census, or where the area served is located in a county which generates four million dollars or more in accommodations tax revenue, the master-in-equity serving that area is full time and must be paid a salary equal to ninety percent of that of a circuit judge.

No sitting master-in-equity, whether full time or part time, may have his salary reduced during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent master-in-equity is reappointed."

Special masters-in-equity

SECTION 6. Section 14-11-60 of the 1976 Code is amended to read:

"Section 14-11-60. In case of a vacancy in the office of master-in-equity or in case of the disqualification or disability of the master-in-equity from interest or any other reason for which cause can be shown the presiding circuit court judge, upon agreement of the parties, may appoint a special referee in any case who as to the case has all the powers of a master-in-equity. The special referee must be compensated by the parties involved in the action."

Masters-in-equity - fees

SECTION 7. Section 14-11-310 of the 1976 Code is amended to read:

"Section 14-11-310. Masters-in-equity shall collect the following fees which must be deposited in the general fund of the county:

(1) in actions for partitions, foreclosure of liens upon real property, or sales of real property, either in private or by auction, a fee of one hundred dollars. If the matter requires more than one day of hearing, there is a thirty-five dollar charge for each additional day or portion of the day until the matter is concluded;

(2) for the preparation of a deed, a fee of twenty-five dollars;

(3) on sales of land, a fee equal to one percent of the bid or of the funds passing through the court, whichever is greater. The minimum commission collectible under this item is twenty-five dollars, and the maximum commission is two thousand, five hundred dollars;

(4) for a supplemental proceeding, a fee of twenty-five dollars;

(5) in all other cases, fifty dollars for the first day's hearing or any portion of the day and for each day after the first day, thirty-five dollars. The fees must be assessed at the time of the order or report of the master-in-equity.

The fees provided for in this section, including the first day's fee provided for in item (5) and excluding the commission on sale, must be paid at the time the order of reference is signed and is nonrefundable unless so ordered by the master-in-equity on proper cause being shown. The cost of transcribing the record is in addition to the fees provided for in this section and must be assessed at the rate prescribed for circuit courts."

PART III

Judicial Council

Judicial Council - members

SECTION 1.

Section 14-27-20 of the 1976 Code is amended to read:

"Section 14-27-20.

The Judicial Council is composed of the following:

(1) the Chief Justice of the Supreme Court of South Carolina or some other member of the court designated by him;

(2) two circuit court judges of the State;

(3) two family court judges of the State;

(4) two probate judges of the State;

(5) the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors;

(6) the Dean or a member of the faculty of the Law School of the University of South Carolina;

(7) the President of the South Carolina Bar;

(8) the Lieutenant Governor or his designee;

(9) the Speaker of the House of Representatives or his designee;

(10) the Chairman of the Senate Finance Committee or his designee;

(11) the Chairman of the House Ways and Means Committee or his designee;

(12) the Chairman of the Senate Judiciary Committee or his designee;

(13) the Chairman of the House Judiciary Committee or his designee;

(14) the Director of the Legislative Council;

(15) six other members, of whom at least four must be members of the bar of this State;

(16) two judges of the magistrates' courts; and

(17) two masters-in-equity."

Appointment of members of Judicial Council

SECTION 2. Section 14-27-30 of the 1976 Code is amended to read:

"Section 14-27-30. The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit judges; the two family court judges; the two probate judges; the two judges of the magistrates' courts; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; and the six remaining members of the Judicial Council.

The Lieutenant Governor, the Speaker of the House or their designees, the chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the

President of the South Carolina Bar serve ex officio."

Terms

SECTION 3. Section 14-27-40 of the 1976 Code is amended to read:

"Section 14-27-40. Members of the Judicial Council serve for the following terms:

(1) If he designates no other member of the Supreme Court, the Chief Justice serves during his term of office. If the Chief Justice designates some other member of the court, the other member serves during his term of office.

(2) The Lieutenant Governor, Speaker of the House or their designees, and the chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers.

(3) The President of the South Carolina Bar serves during his term of office.

(4) The member of the legal department of the State (Attorney General, one of the Assistant Attorneys General, or one of the circuit solicitors) serves for a period of four years.

(5) The Dean or member of the faculty of the Law School of the University of South Carolina serves for a period of four years.

(6) The two circuit judges serve for a period of four years each.

(7) The two family court judges serve for a period of four years each.

(8) The two judges of the probate courts serve for a period of four years each.

(9) The Director of the Legislative Council serves during his term of office.

(10) The two judges of the magistrates' courts serve for a period of four years each.

(11) The two masters-in-equity serve for a period of four years each.

(12) Three of the remaining six members of the Judicial Council must be appointed initially for terms of two years each, and three members must be appointed initially for terms of four years each. After the initial appointments all six members must be appointed for terms of four years each.

The members designated in items (4), (5), (6), (7), (8), (10), and (11) cease to be members of the Judicial Council before the expiration of their respective terms if they cease to hold the official positions entitling them to membership on the Judicial Council."

Part IV

Probate Judges

Probate judges - salaries - funding

SECTION 1. Section 8-21-760 of the 1976 Code is amended to read:

"Section 8-21-760. The probate judges must receive salaries for performance of their duties pursuant to Section 8-21-765.

A probate judge who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if that judge is reelected.

The governing body of the county shall provide the salary, equipment, facilities, and supplies of the support personnel and staff of the probate judge, together with all other costs necessary for the efficient operation of the court, including but not limited to, court reporters, secretaries, clerks, per diem, travel, educational, and other benefits for the judge and his staff. A probate judge is not prohibited from acting as special referee with the agreement of the county governing body, but no probate judge is eligible to serve as a standing master-in-equity.

The probate judge in each county must serve full time and shall carry out all duties assigned by law.

Fees and costs received under the provisions of this article by the officials of a county must be accounted for and paid into the general fund of the county as directed by the governing body of that county. Any remuneration received by a probate judge for performing duties assigned by the Department of Mental Health must be remitted by the probate judge to the county treasurer for deposit into the general fund of the county."

Salary schedule

SECTION 2. The 1976 Code is amended by adding:

"Section 8-21-765. (A) The salary of the office of probate judge is based on a salary schedule which uses base salaries determined by population categories according to the latest official United States Decennial Census. The governing body of each county shall pay the probate judge of the county a base salary as follows:

(1) for those counties with a population of two hundred thousand and above, the base salary is fifty-nine thousand dollars;

(2) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine, the base salary is forty-nine thousand dollars;

(3) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, the base salary is thirty-eight thousand dollars;

(4) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, the base salary is thirty-three thousand dollars;

(5) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, the base salary is thirty-one thousand, five hundred dollars;

(6) for those counties with a population of at least twenty thousand but not more than thirty-four thousand, nine hundred ninety-nine, the base salary is twenty-five thousand dollars;

(7) for those counties with a population less than twenty thousand, the base salary is twenty-two thousand, five hundred dollars.

(B) The South Carolina Court Administration is charged with monitoring compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying in excess of the minimum base salaries provided for in this section.

A probate judge is entitled to the same perquisites as those employees of the county of similar position and salary.

A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year."

Probate judges - qualifications

SECTION 3. Section 14-23-1040 of the 1976 Code is amended to read:

"Section 14-23-1040. No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State."

Judges presently serving

SECTION 4. Section 14-23-1040 of the 1976 Code does not apply to probate judges presently holding office upon the effective date of this act.

Retirement of judges

SECTION 5. The 1976 Code is amended by adding:

"Section 9-11-25. Probate judges may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular state retirement. A probate judge who elects to participate in a police retirement system shall first reimburse the South Carolina Retirement System for the difference between amounts paid by the judge and the county into the regular retirement system, and the amounts which should have been paid in by the judge and the county for the previous years of service under the Police Officers Retirement System, not to exceed five years of previous service. Upon election to join the Police Officers Retirement System and the payment of all amounts due, the probate judge and the county shall pay the contribution

required to the Police Officers Retirement System out of each salary check."

PART V

Repeals

Sections 14-11-90, 14-11-140, 14-11-320, and 22-2-180 of the 1976 Code are repealed.

PART VI

Time Effective

Sections 1 and 2 of Part I, Section 7 of Part II, and Part V take effect upon approval of this act by the Governor. The remaining provisions of this act take effect January 1, 1989, except that the provisions of Section 14-11-10 of the 1976 Code amended in Part II of this act which require the establishment of a master-in-equity court where one is not in existence on the effective date of this act take effect July 1, 1989.