Bill 572

                    Current Status

Bill Number:               572
Ratification Number:       241
Act Number:                202
Introducing Body:          Senate
Subject:                        Jury areas for magistrates'
                           courts

(A202, R241, S572)

AN ACT TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO, AMONG OTHER THINGS, JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR BOTH CIVIL AND CRIMINAL JURISDICTION FOR THE CENTRALIZED MAGISTRATES' COURTS IN CHARLESTON COUNTY, AND REQUIRE THE ESTABLISHMENT OF A THIRD CENTRALIZED COURT IN CHARLESTON COUNTY, INCLUDING THE APPOINTMENT OF A MAGISTRATE FROM THAT COUNTY AT LARGE WITHOUT REGARD TO RESIDENCE IN A PARTICULAR JURY AREA.

Be it enacted by the General Assembly of the State of South Carolina:

Centralized system in Charleston County

SECTION 1. The last paragraph of item (10) of Section 1 of Act 110 of 1981, as last amended by Act 399 of 1982, is further amended to read:

"The magistrate system in Charleston County must be so organized in order to provide for centralized magistrates' courts for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:

(A) The centralized magistrates' courts have concurrent jurisdiction for civil and criminal matters with the existing magistrates of Charleston County. Plaintiffs in civil matters have the right to commence a case in either a central magistrate's court or in a magistrate's court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrate's court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrate's court. This removal must be by notification to the court of origin and no cause for removal must be shown.

(B) The centralized magistrates' courts have jurisdiction over any type or form of civil or criminal matter, including any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding.

(C) The fees and charges for the central magistrates' courts are the same as those prevailing in all magistrates' courts whether central or in a defined jury area.

(D) Upon the effective date of this paragraph a central magistrate's court must be established in the city of Charleston.

(E) Six months after the effective date of this paragraph a central magistrate's court must be established in the city of North Charleston. However, if the central magistrate's court in the city of North Charleston is not funded and established as required by this item (E), then the central magistrate's court in the city of Charleston established pursuant to item (D) must cease to exist until the time the central magistrate's court in the city of North Charleston is so funded and established.

(F) A third central magistrate's court must be established at the time and in the location which a majority of the members of the General Assembly residing in Charleston County determines. In addition to those magistrates assigned to the seven jury areas, there must be appointed one magistrate from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrate's court in the city of Charleston. Six months after the effective date of this paragraph a second magistrate must be appointed from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrate's court in the city of North Charleston. A third magistrate must also be appointed at the time as provided in item (F) from the county at large without regard to residence in a particular jury area who, when appointed, must serve as the magistrate of the central magistrate's court established pursuant to item (F)."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.