(A) A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with the training and examination requirements of Section 22-1-10(C) may subject the magistrate to suspension or removal by order of the Supreme Court.
(B) If a senatorial delegation recommends that the Governor not reappoint a magistrate upon completion of his term of office, the Governor may send a message to the Senate that the magistrate is not reappointed. Upon receipt of the message, the Senate must ratify the message not to reappoint by the confirmation process. If the ratification takes place, the magistrate's service is terminated at the end of his term and the magistrate does not continue to serve until a successor is appointed. Notice of the ratification must be sent to the Supreme Court.
HISTORY: 1962 Code Section 43-3; 1952 Code Section 43-3; 1942 Code Section 3707; 1932 Code Section 3707; Civ. C. '22 Section 2241; Civ. C. '12 Section 1391; Civ. C. '02 Section 983; 1897 (22) 472; 1993 Act No. 181, Section 337; 2000 Act No. 226, Section 9; 2011 Act No. 70, Section 3, eff June 28, 2011.
Effect of Amendment
The 2011 amendment designated the existing text as subsection (A); and added subsection (B).
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.