Download This Bill in Microsoft Word format
A238, R319, S658
STATUS INFORMATION
General Bill
Sponsors: Senator Alexander
Document Path: l:\council\bills\swb\5387sd03.doc
Companion/Similar bill(s): 3957
Introduced in the Senate on April 23, 2003
Introduced in the House on February 12, 2004
Last Amended on April 29, 2004
Passed by the General Assembly on May 5, 2004
Governor's Action: May 24, 2004, Signed
Summary: Municipal court judges, terms
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/23/2003 Senate Introduced and read first time SJ-12
4/23/2003 Senate Referred to Committee on Judiciary SJ-12
1/21/2004 Senate Committee report: Favorable with amendment Judiciary SJ-8
1/22/2004 Senate Amended SJ-23
1/22/2004 Scrivener's error corrected
1/23/2004 Scrivener's error corrected
1/29/2004 Senate Read second time SJ-11
1/29/2004 Senate Ordered to third reading with notice of amendments SJ-11
2/11/2004 Senate Amended SJ-47
2/11/2004 Senate Read third time and sent to House SJ-47
2/12/2004 House Introduced and read first time HJ-7
2/12/2004 House Referred to Committee on Judiciary HJ-7
4/22/2004 House Recalled from Committee on Judiciary HJ-60
4/27/2004 House Amended HJ-90
4/27/2004 House Read second time HJ-90
4/28/2004 House Read third time and returned to Senate with amendments
HJ-15
4/29/2004 Senate House amendment amended SJ-5
4/29/2004 Senate Returned to House with amendments SJ-5
4/30/2004 Scrivener's error corrected
5/5/2004 House Concurred in Senate amendment and enrolled HJ-14
5/19/2004 Ratified R 319
5/24/2004 Signed By Governor
5/27/2004 Copies available
5/27/2004 Effective date See Act for Effective Date
6/10/2004 Act No. 238
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/23/2003
1/21/2004
1/22/2004
1/22/2004-A
1/23/2004
2/11/2004
4/22/2004
4/27/2004
4/29/2004
4/30/2004
(A238, R319, S658)
AN ACT 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 TERM SET BY THE COUNCIL OF THE MUNICIPALITY OF NOT LESS THAN TWO YEARS AND NOT TO EXCEED FOUR YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
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.
Judge's term set by council
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 must be appointed by the council to serve for a term set by the council of not less than two years but not more than four years and until his successor is appointed and qualified. His compensation must be fixed by the council."
Time effective
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.
Ratified the 19th day of May, 2004.
Approved the 24th day of May, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:18 A.M.