South Carolina H 4668: Noah Carter

Bill Text

2025-2026 Bill 4668 Text of Previous Version (Jan. 30, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4668

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
2-19-115 SO AS TO REQUIRE CANDIDATES FOR MAGISTRATE POSITIONS TO BE REVIEWED BY 
THE JUDICIAL MERIT SELECTION COMMISSION IN THE SAME MANNER AS OTHER JUDICIAL 
CANDIDATES UPON VACANCIES, AND TO DEFINE WHEN VACANCIES OCCUR; BY AMENDING 
SECTION 22-3-10, RELATING TO CIVIL JURISDICTION IN MAGISTRATES COURT, SO AS TO 
INCREASE THE CIVIL JURISDICTION OF MAGISTRATES COURT; AND BY AMENDING SECTION 
22-8-30, RELATING TO THE FACILITIES AND PERSONNEL OF MAGISTRATES COURTS IN EACH 
COUNTY, SO AS TO REQUIRE THE PERSONNEL PROVIDED FOR MAGISTRATES IN EACH COUNTY 
TO INCLUDE ONE OR MORE LICENSED ATTORNEYS IN GOOD STANDING OF THE SOUTH 
CAROLINA BAR.

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

SECTION 1. Chapter 19, Title 2 of the S.C. Code is amended by 
adding:

 Section 
2-19-115. (A) Upon a magistrate 
position vacancy, the Senate shall forward a magistrate candidate to the 
Judicial Merit Selection Commission for review. The commission shall conduct 
the same review as for other judicial candidates and may conduct a public 
hearing in the same manner as other judicial candidates pursuant to the 
provisions of this chapter as the commission deems necessary. The commission 
shall forward a report on a magistrate candidate's qualifications to the Senate 
and Governor prior to the Governor's appointment. The Governor's appointment 
process followed by advice and consent of the Senate is pursuant to the 
provisions of Section 22-1-10. No person found not qualified by the commission 
may be appointed to a magistrate position.

 (B) 
For purposes of this section, a vacancy is created in a magistrate position 
when any of the following occurs, a:

 (1) 
term expires;

 (2) 
new magistrate position is created; or

 (3) 
magistrate no longer can serve due to resignation, retirement, disciplinary 
action, disability, or death.

SECTION 2. Section 22-3-10 of the S.C. Code is amended to read:

 Section 
22-3-10. Magistrates have concurrent civil 
jurisdiction in the following cases:

 (1) in 
actions arising on contracts for the recovery of money only, if the sum claimed 
does not exceed seven thousand five hundred fifteen thousand dollars;

 (2) in 
actions for damages for injury to rights pertaining to the person or personal 
or real property, if the damages claimed do not exceed 
seven thousand five hundred fifteen thousand 
dollars;

 (3) in 
actions for a penalty, fine, or forfeiture, when the amount claimed or 
forfeited does not exceed seven thousand five hundred fifteen thousand dollars;

 (4) in 
actions commenced by attachment of property, as provided by statute, if the 
debt or damages claimed do not exceed seven thousand five 
hundred fifteen thousand dollars;

 (5) in 
actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred fifteen 
thousand dollars, though the penalty exceeds that sum, the judgment to 
be given for the sum actually due, and when the payments are to be made by 
installments an action may be brought for each installment as it becomes due;

 (6) in 
any action upon a surety bond taken by them, when the penalty or amount claimed 
does not exceed seven thousand five hundred fifteen thousand dollars;

 (7) in 
any action upon a judgment rendered in a court of a magistrate or an inferior 
court when it is not prohibited by the South Carolina Rules of Civil Procedure;

 (8) to 
take and enter judgment on the confession of a defendant in the manner 
prescribed by law when the amount confessed does not exceed seven thousand five 
hundred dollars;

 (9) in 
any action for damages or for fraud in the sale, purchase, or exchange of 
personal property, if the damages claimed do not exceed 
seven thousand five hundred fifteen thousand 
dollars;

 (10) 
in all matters between landlord and tenant and the possession of land as 
provided in Chapters 33 through 41, of Title 27;

 (11) 
in any action to recover the possession of personal property claimed, the value 
of which, as stated in the affidavit of the plaintiff, his agent, or attorney, 
does not exceed the sum of seven thousand five hundred fifteen thousand dollars;

 (12) 
in all actions provided for in this section when a filed counterclaim involves 
a sum not to exceed seven thousand five hundred fifteen thousand dollars, except that this limitation 
does not apply to counterclaims filed in matters between landlord and tenant 
and the possession of land;

 (13) 
in interpleader actions arising from real estate contracts for the recovery of 
earnest money, only if the sum claimed does not exceed 
seven thousand fi