Bill > H3530

This bill, the Magistrates' Reform Act, significantly alters how magistrates are selected, their qualifications, and the scope of their authority. It mandates that candidates for magistrate positions must undergo review by the Judicial Merit Selection Commission (JMSC), a body that currently vets other judicial candidates, and defines what constitutes a vacancy in a magistrate position. The bill also introduces stricter requirements for future magistrates, stipulating that they must hold a Juris Doctor degree (a law degree) and be a licensed member in good standing of the South Carolina Bar, though current magistrates serving as of June 30, 2025, are exempt from this new educational requirement. Furthermore, the bill limits how long a magistrate can serve in a "holdover" capacity (continuing to serve after their term expires) to 14 days, with provisions for temporary appointments if a successor isn't confirmed. The jurisdiction of magistrates is also expanded, allowing them to handle civil cases up to $25,000 (an increase from $7,500) and criminal cases involving fines up to $25,000 or imprisonment up to one year (an increase from $500 or 30 days). Finally, the bill repeals existing laws related to a screening committee and special elections for magistrate selection, consolidating the review process under the JMSC.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3530&session=126&summary=B