June 6, 1977


TO: All Magistrates
FROM: Neal Forney, Assistant Director
RE: Magistrates may not Amend Orders of Release for Crimes which are beyond their Trial Jurisdiction after the Pertinent Papers have been Transmitted to the Court of General Sessions

The Office of the Attorney General has provided 1976-77 Op. Atty Gen., No. 77-155 on the subject of magistrates amending Orders of Release pursuant to the provisions of S.C. Code Ann. § 17-15-50 for crimes which are beyond the magistrates trial jurisdiction. The conclusion of the opinion of the office of the Attorney General on this subject is as follows:

Therefore, it is the opinion of this office that magistrates may not amend orders of release for crimes which are beyond their trial jurisdiction after pertinent papers have been transmitted to the Court of General Sessions.

A copy of the opinion referred to above is available upon request.