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Bill > S0092


SC S0092

SC S0092
Magistrates


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 22-1-10, Relating To The Appointment Of Magistrates, So As To Provide That A Magistrate May Serve In Holdover Status For No More Than Fourteen Days At The End Of His Term, To Provide That The Governor May Appoint A Temporary Magistrate Under Certain Circumstances, And To Provide That Any Magistrate Or Magistrate Candidate Who Has Been Reprimanded By The Supreme Court Or Any Other Disciplinary Authority May Not Be Appointed Or Reappointed Unless Approved By A Majority Of The Senate After The Senate Is Informed Of The Reprimand Or Disciplinary Action.

AI Summary

This bill amends South Carolina's laws regarding magistrate appointments by introducing several key changes. First, it limits magistrates to serving in a holdover status for only fourteen days after their term expires, whereas previously there was no specified time limit. If the Senate fails to provide advice and consent for a new appointment within this period, the Governor can now make a temporary appointment until a permanent appointment is approved. Additionally, the bill establishes a new requirement that any magistrate or magistrate candidate who has been reprimanded by the Supreme Court or another disciplinary authority cannot be appointed or reappointed without first receiving approval from a majority of the Senate, who must be informed of the prior reprimand. The bill maintains the existing four-year term structure for magistrates and keeps other existing provisions related to work hours, compensation, and county-specific appointment procedures intact. The changes aim to provide more clarity and oversight in the magistrate appointment process while giving the Governor more flexibility in filling judicial positions during potential gaps in appointments. The bill will take effect immediately upon the Governor's approval.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

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