June 30, 1982
|FROM:||H. Lee Smith, Staff Attorney
|RE:||Magistrates Serving as Municipal Judges|
S.C. Code Ann § 14-25-25, reads in part: "A municipality may contract with . . . the county governing body to employ . . . a magistrate to preside over its court."
Since this law was passed in 1980, many magistrates have entered into agreements to serve also as municipal judges.
Chief Justice Lewis has approved a procedure for assigning magistrates to serve as municipal judges. The procedure requires that the agreement between the city council and county council be submitted to this office. Then, an unsigned original order is forwarded to the mayor and county council chairman for their signatures indicating their consent, and is finally returned to Chief Justice for his signature.
After October 1, 1982, no magistrate may serve as a municipal judge without being assigned by the Chief Justice. If you are currently serving or anticipate serving as a municipal judge, please contact this office and the details of the assignment will be mailed to you.