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South Carolina
JUDICIAL DEPARTMENT
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2014-07-25-01

The Supreme Court of South Carolina

RE:  Checklist for Magistrates and Municipal Judges


ORDER


The judges of the Magistrate and Municipal Courts of South Carolina being a part of the unified judicial system, and pursuant to the provisions of Article V, Section 4, of the South Carolina Constitution,

IT IS ORDERED that the "Checklist for Magistrates and Municipal Judges" (SCCA/507) bearing a revision date of 7/2014, attached and made a part of this Order, shall be used in all Magistrate, Municipal, and General Sessions Court cases in which bond is set by a Magistrate or Municipal Court Judge, and at first appearances in those General Sessions Court cases where offenses are non-bailable by a Magistrate or Municipal Court Judge and require that bond be set by a Circuit Court Judge.

Magistrates and Municipal Judges shall attach the checklist to the charging document (arrest warrant or uniform traffic ticket) at the bail proceeding or first appearance for non-bailable offenses. If the cases are transmitted to the Court of General Sessions, the checklist shall be sent to the Clerk of Court with the charging paper and other papers pertaining to the case. If the case is within the trial jurisdiction of the Magistrate or Municipal Judge, the checklist shall be attached to the charging paper and kept as a part of the case in the Magistrate or Municipal Court for a period of fifteen (15) years in the case of criminal non-traffic offenses. If the charging paper is issued for the offense of DUI, the checklist shall be attached to the charging paper and kept as a part of the case in the Magistrate and Municipal Court for a period of ten (10) years.  If the charging paper is issued for any traffic offense other than DUI, the checklist shall be attached to the charging paper and kept as a part of the case in the Magistrate or Municipal Court for a period of five (5) years.

IT IS FURTHER ORDERED that all Magistrates and Municipal Judges must complete each section of the “Checklist for Magistrates and Municipal Judges,” including the provision advising defendants of the right to court appointed counsel if indigent and instructions on how to obtain court appointed counsel in each court’s individual jurisdiction.  A copy of the “Checklist for Magistrates and Municipal Judges” must be provided to all defendants at their bond hearing or first appearance.

IT IS FURTHER ORDERED that the Chief Judge for Administrative purposes in each county shall be responsible for supervising the Magistrates and Municipal Judges in that county in complying with this Order.  The "Checklist for Magistrates and Municipal Judges" is available in the Judicial Department's Case Management System (CMS), or in those jurisdictions which do not participate in CMS, the "Checklist for Magistrates and Municipal Judges" may be requested in hard copy from South Carolina Court Administration, or may be reproduced locally on computer in the exact same format as the document approved by this Order. Any document created locally must first be submitted to and approved by South Carolina Court Administration prior to use in a bond hearing or first appearance.

The provisions of this Order are effective immediately and revoke and replace all previous Orders directing the use of the “Checklist for Magistrates and Municipal Judges.”

  s/Jean Hoefer Toal
Jean Hoefer Toal
Chief Justice

July 25, 2014
Columbia, South Carolina