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2005-06-17-02 The Supreme Court of South Carolina

The Supreme Court of South Carolina


ORDER


The judges of the magisterial and municipal courts, hereinafter referred to as "summary courts", of South Carolina being a part of the uniform statewide judicial system and pursuant to the provisions of Section 4, Article V, South Carolina Constitution,

IT IS ORDERED that the judges of the magisterial courts listed below be designated as Chief Judge or Associate Chief Judge for Administrative Purposes of the Summary Courts in the counties in which they hold office.

Judge G.T. Ferguson
Abbeville County

Judge A.B. Ayers
Berkeley County

Judge R. E. Edmonds
Aiken County

Judge R.H. Lake
Calhoun County

Judge C.S. Insley
Associate Chief Judge
Aiken County

Judge H.W. Guerard
Charleston County

Judge C.M. Love
Allendale County

Judge J.B. Gosnell
Associate Chief Judge
Charleston County

Judge N.W. Devine
Anderson County

Judge R.B. Howell
Cherokee County

Judge F.D. Gibson
Bamberg County

Judge D.H. Moore
Chester County

Judge A.W. Flynn
Barnwell County

Judge E.E. Burch
Chesterfield County

Judge R.A. Simmons
Beaufort County

Judge P.B. Harvin, Jr.
Clarendon County

Judge D.R. Smith
Associate Chief Judge
Beaufort County

Judge R.B. Wood
Colleton County

Judge W.E. Cobb
Associate Chief Judge
Colleton County

Judge G.B. Bennett
Hampton County

Judge C.A. Baker
Darlington County

Judge A.G. Solomons, Jr.
Associate Chief Judge
Hampton County

Judge J.F. Rogers
Dillon County

Judge G.T. Whitley
Horry County

Judge C.D. Spivey
Associate Chief Judge
Dillon County

Judge G.B. Blanton
Associate Chief Judge
Horry County

Judge V.G. Stephens
Dorchester County
Judge R.A. Simmons
Jasper County
Judge T.S. Richardson
Associate Chief Judge
Dorchester County
Judge R.E. Hartis
Kershaw County
Judge D.R. Parkman
Edgefield County
Judge T.E. Davis
Associate Chief Judge
Kershaw County
Judge B.B. Carpenter
Associate Chief Judge
Edgefield County
Judge J.M. Pope
Lancaster County
Judge W.F. Pope
Fairfield County
Judge P.D. Lyles
Laurens County
Judge E. Cooper
Florence County
Judge A.W. Woodham
Lee County
Judge I.L. Pyatt
Georgetown County
Judge G.W. Reinhart
Lexington County
Judge D.D. Cagle
Greenville County
Judge B.W. Jeffcoat
Associate Chief Judge
Lexington County
Judge H.L. Grimsley
Associate Chief Judge
Greenville County
Judge L.R. Cox
Marion County
Judge J.C. Cantrell
Greenwood County
Judge C.R. Hunter
Marlboro County
Judge B.S. McGuire
Associate Chief Judge
Greenwood County
Judge P.L. Smith
McCormick County
Judge B.W. Gerrard
Oconee County
Judge A.L. Jayroe, Jr.
Newberry County
Judge W. Robinson, Jr.
Orangeburg County
Judge D.J. Turner
Associate Chief Judge
Spartanburg County
Judge D.F. Dalton
Pickens County
Judge K.L. Ward
Sumter County
Judge W.H. Womble
Richland County
Judge J.D. Crocker
Union County
Judge S. Peay
Associate Chief Judge
Richland County
Judge A.P. Whitney
Associate Chief Judge
Union County
Judge D.B. Horne
Saluda County
Judge C.P. Williams
Williamsburg County
Judge R.B. Hall
Spartanburg County
Judge L.H. Benfield
York County
Judge R. Davenport, Jr.
Associate Chief Judge
York County

A Chief Judges' authority shall include, but not be limited to, the following:

1. Coordinate with the Office of South Carolina Court Administration on all matters pertaining to summary court judges in the county.

2. Coordinate the activities of the summary court judges of the county with other affected persons and/or agencies to insure cooper­ation and effective judicial service.

3. Establish with the other magistrates of the county, a schedule so ar­ranged that a magistrate will be available, in person or on call, in the county to issue warrants and conduct bail proceedings.  The bail proceedings schedule shall be in compliance with the provisions of the Order of the Chief Justice dated November 28, 2000,1 outlining certain bond procedures in those courts. The Chief Judge shall also inform the municipal courts of the details of the county magisterial court schedule, to insure the availability of a magistrate to issue warrants and conduct bail proceedings for the municipal courts when the municipal judge is unavailable.  After hours and weekends does not constitute unavailability in and of itself.  Establish a procedure with all municipal courts within the county whereby they provide the Chief Judge with a monthly bond schedule indicating their availability for bond court.  Monitor all summary court judges within the county to insure compliance with the above referenced Order dated November 28, 2000.  The monitoring shall include, but shall not be limited to, insuring that bond hearings are being conducted twice daily, insuring that defendants' and victims' constitutional and statutory rights are being upheld, insuring that cash bonds only and excessive bonds are not being required, and insuring that no irregular practices as outlined in the above referenced Order are occurring.

4. Establish within the county a procedure to ensure that Certificates of Transmittal are completed and the appropriate documents (warrants or other charging papers, checklists, bond forms, and checks for cash bonds received) are attached and transmitted within fifteen (15) days to the appropriate magistrate, municipal judge or Clerk of Court of General Sessions having jurisdiction over the case.

5. Call a meeting at least on a quarterly basis of all summary court judges in the county to formulate procedures which establish uniformity of procedures in the county summary court system.  A minimum of one municipal judge from each municipality within the county shall be required to attend these meetings.

6. Coordinate the planning of budgets for the magistrates in the county, and appear before the county governing body with the magis­trates of the county to present and justify the budget requests.

7. Attend schools and meetings for Chief Judges called to implement policies and procedures under this and other Orders. 

8. Set terms of court, both civil and criminal, when terms are necessary for the disposition of any cases within the jurisdiction of the magisterial court.

9. Provide for the orderly assignments of any case within the jurisdic­tion of the magisterial court to any magistrate of the county, regardless of whether the case is transferred from circuit court or originally filed in the magisterial court.

10. Designate the hours of operation of each magistrate's court office in the county, and designate the hours during which each magistrate shall be present in the office, based upon the number of hours fixed for each magistrate by the county governing body.

11. Collect from the other magistrates in the county on a quarterly basis and review information concerning the age of pending civil and criminal cases to insure that all civil cases are disposed of within ninety days of filing and that criminal cases are disposed of within sixty days of arrest. 

12. When any summary court judge in the county dies, re­tires, is suspended, goes out of office, becomes incapacitated, is unable to perform the duties of their office, and when a successor has not been nominated or qualified, the Chief Magistrate shall immediately take custody, or provide for the orderly transfer, of all records, to include past and present, civil and criminal docket books, warrant books, receipt books, financial records including official checking account statements and stubs, bank accounts and any funds contained therein, Acts and Joint Resolutions,  the Code of Laws,  Bench Books, pending and disposed warrants, tickets, NRVC's, and other court records.

13. Insure that the Office of Court Administration is provided written notification of the appointment, retirement, resignation, suspension or death of any summary court judge, whether municipal or magistrate, within the county.   

14. Appoint, coordinate, and assign constables throughout the County, in those Counties that utilize constables, so as to insure cooperation and effective judicial service.

15. Establish within the county a procedure with all summary court judges and appropriate public officials to ensure that court generated revenues are collected, distributed, and reported in an appropriate and timely manner. 

16. Report to the Office of Court Administration any significant or repetitive non-compliance by any summary court judge in the county concerning the Chief Judge's execution of the provisions of this Order.                          

No order issued by the Chief Judge under the authority of this Order shall be effective unless the order is filed with the Office of South Carolina Court Administration and approved for consistency with statewide administrative policies.

Associate Chief Judges appointed in this Order shall act in the absence or disability of the Chief Judge.  They shall also perform administrative duties that are assigned to them by the Chief Judges.

The authority conferred on the Chief Judges and Associate Chief Judges for Administrative Purposes of the Summary Courts by this Order shall become effective on July 1, 2005 and shall continue through December 31, 2005 unless changed or revoked by Order of the Chief Justice.

  s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

June 17, 2005
Columbia, South Carolina                              


1This Order is found in the "Orders" section of the BenchBook.