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Sponsors: Senators Sheheen, Hutto and Gregory
Document Path: l:\s-res\vas\009magi.kmm.doc
Introduced in the Senate on May 1, 2008
Currently residing in the Senate Committee on Judiciary
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/1/2008 Senate Introduced and read first time 5/1/2008 Senate Referred to Committee on Judiciary 5/6/2008 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen, Williams, Massey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 22-1-10(A) OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF MAGISTRATES, TO PROVIDE THAT THE SUPREME COURT IS RESPONSIBLE FOR APPOINTING MAGISTRATES IN EACH COUNTY OF THE STATE, AND TO AMEND SECTION 22-2-20, TO PROVIDE THAT THE SUPREME COURT MAY APPOINT A SCREENING COMMITTEE TO ASSIST THEM IN THEIR SELECTION OF MAGISTRATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-1-10(A) 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 Supreme Court must appoint magistrates in each county of the State for a 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.
At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the
Senators representing that county Clerk of the Supreme Court of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county Clerk of the Supreme Court of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.
Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.
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."
SECTION 2. Section 22-2-10 of the 1976 Code is amended to read:
A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates The Supreme Court may appoint a screening committee to assist them in their selection of nominees magistrates."
SECTION 3. This act takes effect upon approval by the Governor.
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