(A) The provisions of Section 22-1-10(B) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and a magistrate's violation of this subsection terminates his term of office.
(B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office.
(C) The provisions of Section 22-1-10(B)(2)(b) do not apply to a magistrate serving on June 30, 2005, during his tenure in office, and do not apply to a magistrate serving after June 30, 2005, who retires and is reappointed within one year of the date of his retirement and during his tenure in office for the new appointment.
HISTORY: 1988 Act No. 678, Part I, Section 5; 2000 Act No. 226, Section 5; 2000 Act No. 257, Section 9; 2012 Act No. 278, Pt VI, Section 70, eff July 1, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (C).
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 1 - Magistrates Generally
Section 22-1-15. Magistrates presently serving.
Section 22-1-16. Trial observation requirement for new magistrates who are not attorneys.
Section 22-1-17. Continuing education.
Section 22-1-25. Mandatory retirement age.
Section 22-1-30. Suspension, removal or non-reappointment.
Section 22-1-40. Appearance as attorney in case once before magistrate.
Section 22-1-50. Administering oaths; taking renunciations of dower.
Section 22-1-60. Issuance of receipts for moneys collected.
Section 22-1-70. Disposition of fines and penalties imposed and collected in criminal cases.
Section 22-1-80. Books required and disposition thereof in case of death, resignation and the like.
Section 22-1-90. Monthly reports of moneys collected; treasurer's record.
Section 22-1-100. Monthly report of criminal cases in counties with cities of 50,000 and over.
Section 22-1-110. Submission of dockets to governing bodies of counties.
Section 22-1-120. Exhibit of original papers required with bills of costs.
Section 22-1-130. Records of books delivered to magistrates by court clerks.
Section 22-1-150. Bond required of magistrates.
Section 22-1-160. Bond required of magistrates' employees.
Section 22-1-170. Attorney's fees awards.
Section 22-1-200. Magistrates shall report disposition of each criminal case.