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2009-08-25-01

The Supreme Court of South Carolina

RE:  Bond Hearings in Municipalities which Extend into More than One County


ORDER


I FIND THAT clarification is needed concerning a magistrate's jurisdiction when conducting a bond hearing on criminal cases that arise from a municipality where the geographical limits extend into more than one county.

Therefore, pursuant to Article V, § 4, South Carolina Constitution,

IT IS ORDERED that a magistrate is vested with territorial jurisdiction to conduct a bond hearing on a defendant on a criminal case that arises from a municipality where that municipality's geographical limits extend into more than one county, as long as the magistrate is sitting within his county of appointment and a portion of the municipality in which the case arose is also within his county of appointment.

Nothing contained herein shall affect those existing agreements or future agreements between counties and municipalities authorizing a magistrate to serve as a municipal judge.  In addition, nothing contained herein affects the Order of the Chief Justice dated January 31, 2008, vesting  municipal judges with jurisdiction at county detention facilities located outside of the territorial boundaries of their municipalities to conduct bond proceedings as well as other specified judicial duties.

The provisions in this Order are effective immediately and remain in effect unless amended or revoked by further Order of the Chief Justice.

  s/Jean Hoefer Toal
Jean Hoefer Toal
Chief Justice

August 25, 2009
Columbia, South Carolina