Magistrates And Legal Practice: South Carolina's Unique Scenario

In South Carolina, there are approximately 300 magistrates, each serving the county for which they are appointed. They are appointed to four-year terms and must pass a certification examination within a year of their appointment. Magistrates have criminal trial jurisdiction over offences with penalties not exceeding $500 or imprisonment of not more than 30 days. They are also responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants. They have civil jurisdiction when the amount in controversy does not exceed $7,500. However, it is unclear whether a magistrate can practice law in South Carolina.

Civil jurisdiction of magistrates

In South Carolina, there are approximately 300 magistrates, each serving the county for which they are appointed. They are appointed to four-year terms by the Governor, upon the advice and consent of the Senate.

Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500. They have concurrent civil jurisdiction in the following cases:

• Actions arising on contracts for the recovery of money only, if the sum claimed does not exceed $7,500.
• Actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed $7,500.
• Actions for a penalty, fine, or forfeiture when the amount claimed or forfeited does not exceed $7,500.
• Actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed $7,500.
• Actions upon a bond conditioned for the payment of money, not exceeding $7,500, though the penalty exceeds that sum, with the judgment to be given for the sum actually due. When the payments are to be made by instalments, an action may be brought for each instalment.

Magistrates have no civil jurisdiction in the following cases:

• In which the State is a party, except for an action for a penalty not exceeding $100.
• When the title to real property shall come into question, except as provided in Article 11 of this chapter.

Trials should be conducted in an informal manner, and the South Carolina Rules of Evidence shall be relaxed in the interest of justice. If one or both parties are unrepresented by legal counsel, the court shall question the parties and witnesses to assure that all claims and defences are fully presented. If either party wants a jury trial, it must be requested in writing at least five working days before the original trial date.

A business may be represented in a civil magistrates court proceeding by a non-lawyer officer, agent, or employee, including attorneys licensed in other jurisdictions. The court shall require written authorization from the entity's president, chairperson, general partner, owner, or chief executive officer before permitting the representation.

Criminal jurisdiction of magistrates

In South Carolina, there are approximately 300 magistrates, each serving the county for which they are appointed. They are appointed to four-year terms by the Governor, upon the advice and consent of the Senate.

Magistrates in South Carolina generally have criminal trial jurisdiction over all offences subject to the penalty of a fine, as set by statute, but generally not exceeding $500 or imprisonment not exceeding 30 days, or both. They are also responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants.

In addition to their criminal jurisdiction, magistrates in South Carolina also have civil jurisdiction when the amount in controversy does not exceed $7,500. This includes:

• Actions arising on contracts for the recovery of money only
• Actions for damages to personal or real property
• Actions for a penalty, fine, or forfeiture
• Actions commenced by attachment of property
• Actions upon a bond conditioned for the payment of money

It is important to note that the jurisdiction of magistrates in criminal cases has been abolished in counties where county courts have been established. In such cases, criminal jurisdiction is limited to the county, and criminal cases shall be tried in the district in which the offence was committed.

Powers of magistrates

In South Carolina, there are approximately 300 magistrates, each serving the county for which they are appointed. They are appointed to four-year terms and must pass a certification examination within a year of their appointment.

Magistrates in South Carolina have criminal trial jurisdiction over all offences subject to the penalty of a fine, as set out by statute, but generally not exceeding $500 or imprisonment of not more than 30 days, or both. They are responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants.

Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500. They have concurrent civil jurisdiction in the following cases:

• Actions arising on contracts for the recovery of money only, if the sum claimed does not exceed $7,500.
• Actions for damages to personal or real property, if damages do not exceed $7,500.
• Actions for a penalty, fine, or forfeiture, if the amount claimed does not exceed $7,500.
• Actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed $7,500.
• Actions upon a bond for the payment of money, not exceeding $7,500.

A magistrate may order restitution in an amount not exceeding the civil jurisdictional limit. They may set a payment schedule and hold a party in contempt for failure to pay if they are found to have the ability to do so. Magistrates may also convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment. However, they do not have the power to sentence a person to consecutive terms of imprisonment totalling more than 90 days, except in cases of violations related to fraudulent checks or shoplifting.

In all actions for the recovery of possession of personal property, the magistrate or jury shall assess the value of the property and any injury sustained by the prevailing party. The magistrate shall then render judgment accordingly, with costs and disbursements.

In the trial of a civil action, the court shall question the parties and witnesses to assure that all claims and defences are fully presented.

Responsibilities of magistrates

In South Carolina, there are approximately 300 magistrates, each serving the county for which they are appointed. Magistrates are appointed to four-year terms by the Governor, with the advice and consent of the Senate. They are responsible for overseeing the application and enforcement of municipal and state laws.

Magistrates in South Carolina have a wide range of responsibilities, including:

• Setting bail
• Issuing arrest and search warrants
• Conducting preliminary hearings
• Issuing restraining orders under the Harassment and Stalking statute
• Issuing Emergency Orders of Protection when the Family Court is unavailable
• Handling civil cases where the amount in controversy does not exceed $7,500
• Handling criminal cases punishable by short-term incarceration or limited fines, generally not exceeding $500 or imprisonment not exceeding 30 days
• Hearing small claims and other civil claims filed in the county where the defendant resides
• Handling landlord-tenant actions in the county where the rental property is located
• Handling municipal ordinance violations with the municipality's consent

Magistrates must also pass a certification examination within one year of their appointment and are subject to the disciplinary authority of the South Carolina Supreme Court for any misconduct. They are entitled to the same compensation as part-time magistrates, and their salaries cannot be reduced during their tenure in office.

Appointment and terms of magistrates

There are approximately 300 magistrates in South Carolina, each serving the county for which they are appointed. They are appointed to four-year terms by the Governor, upon the advice and consent of the Senate. To be eligible for appointment, a person must:

• Be a citizen of the United States and of South Carolina
• Have been a resident of South Carolina for at least five years
• Be at least 21 years old
• Have received a four-year baccalaureate degree

Additionally, magistrates must pass a certification examination within one year of their appointment. An advisory council makes recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates.

Magistrates generally have criminal trial jurisdiction over all offences subject to the penalty of a fine, as set out by statute, but generally not exceeding $500, or imprisonment not exceeding 30 days, or both. They are also responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants. Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500.

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