South Carolina S 92: Magistrates

Bill Text

2025-2026 Bill 92 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 92

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 AMENDING 
SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE 
THAT A MAGISTRATE MAY SERVE IN HOLDOVER STATUS FOR NO MORE THAN FOURTEEN DAYS 
AT THE END OF HIS TERM, TO PROVIDE THAT THE GOVERNOR MAY APPOINT A TEMPORARY 
MAGISTRATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT ANY MAGISTRATE OR 
MAGISTRATE CANDIDATE WHO HAS BEEN REPRIMANDED BY THE SUPREME COURT OR ANY OTHER 
DISCIPLINARY AUTHORITY MAY NOT BE APPOINTED OR REAPPOINTED UNLESS APPROVED BY A 
MAJORITY OF THE SENATE AFTER THE SENATE IS INFORMED OF THE REPRIMAND OR 
DISCIPLINARY ACTION.

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

SECTION 1. Section 22-1-10(A) of the S.C. Code is amended to read:

 (A)(1) The Governor, by and 
with the advice and consent of the Senate, may appoint magistrates in each 
county of the State for a term of four years and until their successors are 
appointed and qualified pursuant to item (2), or until their positions are terminated as provided in 
subsection (B), Section 22-1-30, or Section 22-2-40.

 (2) A magistrate may serve in a holdover 
capacity for no more than fourteen days from the expiration of the magistrate's 
term. If a magistrate is not appointed within this time because of the Senate's 
failure to give advice and consent, then the Governor may make a temporary 
appointment until advice and consent is received for a permanent appointment. 
Any magistrate or magistrate candidate who has been reprimanded by the Supreme 
Court of South Carolina or any other disciplinary authority may not be appointed 
or reappointed unless approved by a majority of the Senate after the Senate is 
informed of the reprimand or disciplinary action.

 (3) Magistrates serving the 
counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, 
Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, 
Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, 
Sumter, and Williamsburg shall serve terms of four years commencing May 1, 
1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, 
Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, 
Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, 
Spartanburg, Union, and York shall serve terms of four years commencing May 1, 
1991.

 (4) At least ninety days before 
the date of the commencement of the terms provided in the preceding paragraph 
and every four years thereafter, each county governing body must inform, in 
writing, the Senators representing that county of the number of full-time and 
part-time magistrate positions available in the county, the number of work 
hours required by each position, the compensation for each position, and the 
area of the county to which each position is assigned. If the county governing 
body fails to inform, in writing, the Senators representing that county of the 
information as required in this section, then the compensation, hours, and 
location of the full-time and part-time magistrate positions available in the 
county remain as designated for the previous four years.

 (5) Each magistrate's number of 
work hours, compensation, and work location must remain the same throughout the 
term of office, except for a change (1) specifically allowed by statute or (2) 
authorized by the county governing body at least four years after the 
magistrate's most recent appointment and after a material change in conditions 
has occurred which warrants the change. Nothing provided in this section 
prohibits the raising of compensation or hours and compensation during a term 
of office. No magistrate may be paid for work not performed except for bona 
fide illness or as otherwise provided by law.

 (6) The 
number of magistrates to be appointed for each county and their territorial 
jurisdiction are as prescribed by law before March 2, 1897, for trial justices 
in the respective counties of the State, except as otherwise provided in this 
section.

SECTION 2. This act takes effect upon approval 
by the Governor.

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