June 12, 1980
|RE:||Procedure for Magistrate's Jury Selection|
The jury selection procedure may be found in Title 22 of the S.C. Code of Laws. I would recommend that you review this procedure by reading Sections 22-2-80 through 22-2-160.
The procedure provides that thirty (30) names are drawn from Compartment A of the jury box and placed in a hat or box. The names are then drawn randomly, one at a time, until six (6) jurors and four (4) alternates are selected; each party to have six (6) peremptory challenges as to primary jurors and four (4) peremptory challenges as to alternate jurors. The procedure to be used for scheduled terms of jury trials, (i.e. drawing forty (40) to serve for a one week term) remains the same.
Section 22-2-60 provides that the magistrate's jury box is to be prepared during the first thirty days of each calendar year.
Pursuant to § 22-2-50, the State Election Commission will, at no cost, forward a precinct-by-precinct list of qualified electors in each county to the chief judges sometime in December of each year. These lists, divided by the chief judges by Jury Areas, will be forwarded by the chief judge to the individual magistrates. Each magistrate is to appoint a constable or other person to place in Compartment A the individual names from the list provided by the Election Commission and forwarded by the chief judge. This new jury box is to be prepared sometime between January 1st and January 30th of each year.
For those of you that may be interested, please note that the State Election Commission has informed me that there is a charge for providing lists of electors other than those provided at no cost to the chief judges in December of each year for the purpose of preparing new jury boxes.