Bill

Bill > H3642


SC H3642

SC H3642
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, Term, And Jurisdiction Of Magistrates, So As To Establish Two Classes Of Magistrates, And To Provide For The Appointment, Term, And Qualifications Of Class 2 Magistrates; By Amending Section 22-1-15, Relating To Magistrates Presently Serving, So As To Make Conforming Changes; By Amending Section 22-1-30, Relating To Suspension, Removal, Or Nonreappointment Of Magistrates, So As To Make Conforming Changes; By Amending Section 22-2-5, Relating To Eligibility Examinations For Magistrates, So As To Make Conforming Changes And Subject Class 2 Magistrates To The Requirements Of Chapter 19, Title 2 Of The S.c. Code; By Amending Section 22-3-10, Relating To Concurrent Civil Jurisdiction, So As To Clarify The Jurisdiction Of The Two Classes Of Magistrates, And To Increase The Civil Jurisdiction Of Magistrates; By Amending Section 22-3-540, Relating To Exclusive And Concurrent Jurisdiction In Criminal Cases, So As To Clarify The Jurisdiction Of The Two Classes Of Magistrates; By Amending Section 22-3-800, Relating To Suspension Of Imposition Or Execution Of A Sentence In Certain Cases, So As To Make Conforming Changes; And By Amending Section 22-8-40, Relating To Full-time And Part-time Magistrates' Salaries, So As To Establish The Salary Schedule For Class 2 Magistrates.

AI Summary

This bill introduces a new two-tier system for magistrates in South Carolina, creating Class 1 and Class 2 magistrate positions with distinct qualifications and jurisdictional responsibilities. For Class 1 magistrates, the existing requirements remain largely unchanged, with educational standards progressively increasing over time (from a high school diploma to an associate degree, and eventually a bachelor's degree). In contrast, Class 2 magistrates must be licensed attorneys with at least seven continuous years of legal practice and must be at least 30 years old. The bill significantly expands the civil jurisdiction of magistrates, particularly for Class 2 magistrates, who can now handle civil cases involving amounts up to $50,000, compared to the previous $7,500 limit for Class 1 magistrates. Additionally, the bill modifies the appointment process, salary structure, and criminal jurisdiction of magistrates, allowing Class 2 magistrates to handle more complex legal matters. Class 2 magistrates will also be subject to additional election requirements and will have a more generous salary progression, with potential earnings up to 140% of the base salary for their county's population category by their fourth year of service. The changes aim to create a more specialized and experienced tier of magistrates while maintaining the existing judicial infrastructure.

Committee Categories

Justice

Sponsors (1)

Last Action

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

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