The proposed bill, known as the Magistrates' Reform Act, aims to amend the South Carolina Code of Laws to enhance the qualifications and selection process for magistrates. It introduces a new section, 2-19-115, which mandates that candidates for magistrate positions be reviewed by the Judicial Merit Selection Commission, similar to other judicial candidates, and defines the circumstances under which a vacancy occurs. Additionally, it amends Section 22-1-10 to require that all future magistrates hold a Juris Doctor degree and be members in good standing of the South Carolina Bar, while also establishing procedures and limitations on holdover status for magistrates. Current magistrates serving on June 30, 2025, are grandfathered in under the existing qualifications.

The bill further increases the civil and criminal jurisdiction of magistrates' courts, allowing them to handle cases involving claims up to $75,500 and criminal offenses with fines up to $525 or imprisonment for up to one year. It also repeals outdated provisions related to the selection of magistrates and clarifies the appointment process, including the Governor's authority to make temporary appointments if the Senate fails to act. The act is set to take effect on July 1, 2025.

Statutes affected:
12/05/2024: 2-19-115, 22-1-10, 22-1-15, 22-3-10, 22-3-550, 22-2-10
Latest Version: 2-19-115, 22-1-10, 22-1-15, 22-3-10, 22-3-550, 22-2-10