South Carolina General Assembly
111th Session, 1995-1996

Bill 1432


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       1432
Type of Legislation:               Concurrent Resolution CR
Introducing Body:                  Senate
Introduced Date:                   19960528
Primary Sponsor:                   Holland
All Sponsors:                      Holland, Cork, Ford, McConnell,
                                   Jackson, Courtney, Bryan, Russell,
                                   Mescher, Moore, Martin, Saleeby,
                                   Lander, Wilson and Rankin 
Drafted Document Number:           jud6084.dhh
Date Bill Passed both Bodies:      19960613
Subject:                           Magistrate Study Committee



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960613  Received from House
House   19960530  Adopted, returned with concurrence
House   19960530  Recalled from Committee                  25 HJ
House   19960529  Introduced, referred to Committee        25 HJ   
Senate  19960528  Introduced, adopted, sent to House

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A CONCURRENT RESOLUTION

TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.

Whereas, according to the 1994 Annual Report of the South Carolina Judicial Department, the magistrates courts handle more cases than any other level of court and in 1993 disposed of sixty-six percent of cases in the courts; and

Whereas, the last comprehensive legislation concerning the magistrates courts' system was enacted in 1988; and

Whereas, the case of Davis v. County of Greenville, decided by the Supreme Court of South Carolina on January 8, 1996, and other cases and Attorney General's opinions have raised some questions about the current state of the law concerning the procedure for determining the number, location, compensation, and workload of magistrates in a county; and

Whereas, these issues require study to determine current needs, research more effective methods of meeting these needs, and offer the General Assembly alternatives for improving existing conditions in the magistrates courts. Now therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That a study committee be appointed to study the jurisdiction, number of available positions, location, qualifications, continuing education and certification requirements, and compensation and other benefits of magistrates in each county and throughout the state and the magistrates courts' role in the uniform judicial system. The committee shall be composed of the following: three members appointed by the Chairman of the Senate Judiciary Committee and three members appointed by the Speaker of the House of Representatives.

The committee shall submit its report to the General Assembly at the beginning of the 1997 legislative session at which time the committee shall be dissolved. During its deliberations, the committee shall be staffed by such personnel as provided and assigned by the Chairman of the Senate Judiciary Committee from the Senate staff and by the Speaker of the House of Representatives from the House staff.

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