Current StatusView additional legislative information at the LPITS web site.Bill Number: 1004 Ratification Number: 584 Act Number 480 Introducing Body: Senate Subject: Uniform system of municipal courts
(A480, R584, S1004)
AN ACT TO AMEND CHAPTER 25 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO MUNICIPAL COURTS, SO AS TO PROVIDE FOR A UNIFORM SYSTEM OF MUNICIPAL COURTS, TO PROVIDE FOR THEIR POWERS AND JURISDICTION, AND PROVIDE FOR THE SELECTION OF MUNICIPAL JUDGES, APPEALS FROM MUNICIPAL COURTS, SELECTION OF JURIES AND PENALTIES FOR FAILURE TO OBEY JURY SUMMONS IN MUNICIPAL COURTS, AND PRESCRIBE THAT THE CHAPTER SHALL APPLG TO CONSOLIDATED POLITICAL SUBDIVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Uniform system of municipal courts
Section 1. Chapter 25 of Title 14 of the 1976 Code is amended to read:
Section 14-25-5. (a) The council of each municipality in this
State may, by ordinance, establish a municipal court, which shall be a part of the unified judicial system of this State, for the trial and determination of all cases within its jurisdiction. The ordinance shall provide for the appointment of one or more full-time or part-time judges and the appointment of a clerk.
(b) Any municipality establishing a municipal court pursuant to the provisions of this chapter shall provide facilities for the use of judicial officers in conducting trials and hearings and shall provide sufficient clerical and nonjudicial support personnel to assist the municipal judge.
(c) Any municipality may prosecute any of its cases in any magistrate court in the county in which such municipality is situate upon approval by the governing Ibody of the county.
Section 14-25-15. Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council. Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution. No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.
Section 14-25-25. A municipal judge shall not be required to be a resident of the municipality by whom he is employed. A municipality may contract with any other municipality in the county or with the county governing body to employ the municipal judge of the other municipality or a magistrate to preside over its court.
In case of a vacancy in the office of municipal judge, a successor shall be appointed in the manner of original appointment for the unexpired term. In case of the temporary absence, sickness, or disability of a municipal judge, the court shall be held by a judge of another municipality or by a practicing attorney or some other person who has received training or experience in municipal court procedure, who shall be designated by the mayor and take the prescribed oath of office before entering upon his duties.
Section 14-25-35. The municipal clerk or other municipal employee may be appointed to serve as clerk of the court. The clerk of the court shall keep such records and make such reports as may be determined by the State Court Administrator.
Section 14-25-45. Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have no jurisdiction in civil matters.
Section 14-25-55. The chief of police of the municipality for which a court is established, or someone designated by him, shall attend upon the sessions of the court. The chief of police and the police officers of such municipality shall be subject to the orders of the court and shall execute the orders, writs, and mandates thereof and perform such other duties in connection therewith as may be prescribed by the ordinances of the municipality. The chief of police and police officers shall also be invested with the same powers and duties as are provided for magistrates' constables.
Section 14-25-65. Whenever the municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of such court he may impose a fine or imprisonment, or both, not to exceed two hundred dollars or thirty days.
Section 14-25-75. Any municipal judge may suspend sentences imposed by him upon such terms and conditions as he deems proper including, without limitation, restitution or public service employment.
Section 14-25-85. All fines and penalties collected by the municipal court shall be forthwith turned over by the clerk to the treasurer of the municipality for which such court is held.
Section 14-25-95. Any party shall have the right to appeal from
the sentence or judgment of the municipal court to the Court of General Sessions of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, shall be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such appeal at the next terrn of the Court of General Sessions or shall pay the fine assessed.
Section 14-25-105. In the event of an appeal, the municipal judge shall make a return to the Court of General Sessions, and the appeal shall be heard by the presiding judge upon suc~ return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken iby a reporter as provided herein, the return shlall include the reporter's transcript of the testimony. The return shall be filed with the Clerk of the Court of General Sessions of the county in which the trial was held and the cause shall be docketed for trial in the sarne manner as is now provided for appeals from magistrate's courts. There shall be no trial de novo on any appeal from a municipal court.
Section 14-25-115. The council of any municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants. Ministerial recorders shall have the power to issue summonses, subpoenaes, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates, but shall have no other judicial power.
Section 14-25-125. Any person to be tried in a municipal court may, prior to trial, demand a jury trial, and such jury when demanded, shall be composed of six persons drawn from the qualified electors of the municipality in the manner prescribed herein. The right to a jury trial shall be deemed tio have been waived unless demand is made prior to trial.
Section 14-25-135. The council shall appoint not less than three nor more than five persons to serve as jury commissioners for the municipal court; provided, however, that thle council may act as jury commissioners in lieu of appointing such commissioners.
Section 14-25-145. The jury commissioners shall, within the first thirty days of each year, prepare a box to be known as the jury box. Such box shall contain two compartments, designated as 'A' and 'B', respectively.
Section 14-25-155. The jury list of the municipality shall be composed of all names on the official list of qualified electors of the municipality furnished to the municipality by the State Election Commission each year, or copied from the official voter registration list of the municipality.
Compartment 'A' of the jury box shall contain a separate ballot or number for each name on the jury list.
Section 14-25-165. (a) The drawing and composing of juries for single trials or terms of court shall be conducted, mutatis mutandi, according to the statutes relating to the drawing and composing of juries in magistrates' courts, except as otherwise specifically provided by this chapter. A person appointed by the municipal judge who is not connected with the trial of the case for either party shall draw out of Compartment 'A' of the jury box thirty names and the list of names so drawn shall be delivered to each party or to the attorney for each party.
(b) In addition to the procedure for drawing a jury list as provided for in subsection (a) above, in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.
Not less than ten nor more than twenty days prior to a scheduled term of jury trials, a person selected by the presiding judge shall draw at least forty jurors to serve one week only. Immediately after such jurors are drawn the judge shall issue his writ of venire facias for such jurors requiring their attendance on the first day of the week for which they have been drawn and such writ shall be forthwith delivered to the chief of police, or may be served by regular mail by the clerk of court.
(c) The names drawn pursuant to either subsection (a) or (b) shall be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such other challenges for cause as the court may permit. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall be randomly drawn from Compartment 'A' until sufficient jurors and alternates are selected.
(d) Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
Section 14-25-175. Upon the adjournment of the court, the clerk having the custody of the names drawn under any method in this chapter shall take the names or numbers of the jurors who appeared and shall return these ballots or numbers to Compartment 'B' of the Jury box, and the ballots or numbers corresponding to the names of the jurors who were unable to appear or who were excused by the municipal judge shall be returned to Compartment 'A' of the jury box. When all names or numbers in Compartment 'A' have been exhausted, the names or numbers from Compartment 'B' shall be returned to Compartment 'A' and thereafter juries shall continue to be drawn therefrom in the manner provided herein.
Section 14-25-185. Any juror who, being duly summoned, shall neglect or refuse to appear in obedience to any summons issued by any municipal court, and shall not within forty-eight hours render to the municipal judge a sufficient reason for his delinquency, may be punished for contempt.
Section 14-25-195. Any party shall have the right to have the testimony given at a jury trial in any municipal court taken stenographically or mechanically by a reporter; provided, that nothing herein shall operate to prevent any such party from mechanically recording the proceedings himself. The requesting party shall pay the charges of such reporter for taking and transcribing if such testimony is recorded by a municipal court reporter.
Section 14-25-205. In the event a consolidated political subdivision is created under the Constitution and laws of this State the provisions of this chapter shall apply to the creation and operation of courts for such consolidated political subdivision mutatis mutandi."
Time effective
Section 2. This act shall take effect January 1, 1981.