H 4814 — Magistrate reform

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17, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4814Indicates Matter StrickenIndicates 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 REVISE THE EDUCATION REQUIREMENTS FOR MAGISTRATES;

AND BY AMENDING SECTION 22-2-10, RELATING TO THE APPOINTMENT OF A SCREENING COMMITTEE TO ASSIST IN SELECTION OF MAGISTRATES, SO AS TO PROVIDE THAT MEMBERS OF THE SCREENING COMMITTEE MAY INCLUDE HOUSE DELEGATION MEMBERS AND MEMBERS OF THE PUBLIC WHO ARE RESIDENTS OF THE COUNTY.

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

  SECTION 1.  Section 22-1-10(B) of the S.C.

Code is amended to read:

      (B)(1) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

       (2) Notwithstanding the educational qualifications required in item (1):

           (a) On and after July 1, 2001, no person is eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a two-year associate degree.

           (b) On and after July 1, 2005, no person is eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a four-year baccalaureate degree.

           (c) On and after July 1, 2026, no person is eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) does not meet one of the following education and experience requirements:

               (A) has received an associate or bachelor's degree accompanied by at least six years of background experience in law or, if the associate or bachelor's degree is in criminal justice or legal studies, accompanied by at least three years of background experience in law;

               (B) has received a master's or doctoral degree accompanied by at least three years of background experience in law or, if the master's or doctoral degree is in criminal justice or legal studies, accompanied by at least one year of background experience in law;

or                (C) has received a Juris Doctor degree.

  SECTION 2.  Section 22-2-10 of the S.C.

Code is amended to read:

      Section 22-2-10.

A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.

Members of the committee may include house delegation members and members of the public who are residents of the respective county.

If a county delegation has less than five members, at least three members of the public must be appointed to the screening committee.

  SECTION 3.  This act takes effect upon approval by the Governor.

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