Court News ...

2020-06-29-01

The Supreme Court of South Carolina

RE: Chief Judges for Administrative Purposes of the Summary Courts

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ORDER

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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 Article V, Section 4 of the 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.

Chief Judges and Associate Chief Judges for Administrative Purposes, who are designated as full-time, are prohibited from engaging in outside employment, judicial or otherwise, during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.

Judge C. W. Brownlee Abbeville County

Judge S. G. Gladden Associate Chief Judge Abbeville County

Judge D. H. Williamson Aiken County

Judge J. A. Chaney Allendale County

Judge W. D. Branch, Jr. Associate Chief Judge Allendale County

Judge W. D. Eubanks Anderson County

Judge R. C. Threatt Bamberg County

Judge R. O. Cooper Barnwell County

Judge J. W. Gantt Associate Chief Judge Barnwell County

Judge L. G. Scott Beaufort County

Judge E.G. Vaux Associate Chief Judge Beaufort County

Judge E. L. Karesh Berkeley County

Judge R.S. Deaton Associate Chief Judge Berkeley County

Judge J.P. Bloom Calhoun County

Judge T. E. Lynn Charleston County

Judge J.E. Summey Associate Chief Judge Charleston County

Judge J. K. Wright Cherokee County

Judge A. C. Underwood Chester County

Judge G.R. Faulkenberry Chesterfield County

Judge M. N. Frye Clarendon County

Judge R. L. Moody Associate Chief Judge Clarendon County

Judge E. O. Duffie Colleton County

Judge S. T. Henderson Associate Chief Judge Colleton County

Judge D. B. Curtis Darlington County

Judge C. L. LaCross Associate Chief Judge Darlington County

Judge L. J. Williams Dillon County

Judge T. S. Richardson Dorchester County

Judge A.M. Leviner Associate Chief Judge Dorchester County

Judge J. A. McLaurin Edgefield County

Judge R.N. Feaster, Sr. Fairfield County

Judge B. B. Timmons Florence County

Judge K.B. Cox Associate Chief Judge Florence County

Judge I. L. Pyatt Georgetown County

Judge J. A. Love Associate Chief Judge Georgetown County

Judge M. D. Stokes Greenville County

Judge J.I. Duckett Associate Chief Judge Greenville County

Judge C. R. Johnson Greenwood County

Judge B.J. Strong Associate Chief Judge Greenwood County

Judge G.J. Bampfield Hampton County

Judge C. J. Arakas Horry County

Judge W.N. Hutson Associate Chief Judge Horry County

Judge C. D. Badgett Jasper County

Judge J. E. Davis Kershaw County

Judge R. M. Todd, Jr. Associate Chief Judge Kershaw County

Judge C. M. Ingram Lancaster County

Judge F. A. Thomas Associate Chief Judge Lancaster County

Judge D. J. Bron Laurens County

Judge S.C. Davidson  Lee County

Judge R. L. Adams Lexington County

Judge B. S. Melton Associate Chief Judge Lexington County

Judge K. D. Fling Marion County

Judge C. E. Graham Associate Chief Judge Marion County

Judge M. D. Weaver Marlboro County

Judge J. C. Long McCormick County

Judge R. C. Halfacre Newberry County

Judge W. F. Derrick Oconee County

Judge D. F. Dash Orangeburg County

Judge R.H. Lake Associate Chief Judge Orangeburg County

Judge S. M. Gillespie Pickens County

Judge M. A. Baker Associate Chief Judge Pickens County

Judge T. C. Edmond Richland County

Judge D. M. Coble Associate Chief Judge Richland County

Judge J. B. Shults Saluda County

Judge J. T. Wall Spartanburg County

Judge C. W. Jones Associate Chief Judge Spartanburg County

Judge B. K. Griffin Sumter County

 Judge L. A. Tindal Associate Chief Judge Sumter County

 Judge D. K. Morrow Union County

Judge D. F. Williams Williamsburg County

Judge R. B. Foxworth Associate Chief Judge Williamsburg County

Judge C. J. Putman York County

Judge D.W. Sexton Associate Chief Judge York County

A Chief Judge's 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 ensure 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 September 19, 2007, 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 in order to ensure the availability of a magistrate to issue warrants and conduct bail proceedings for the municipal courts when the municipal judge is unavailable.  However, time after normal business hours and weekends does not constitute unavailability in and of itself. 

4.  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. 

5.  Monitor all summary court judges within the county to ensure compliance with the above-referenced Order dated September 19, 2007.  The monitoring shall include, but shall not be limited to, ensuring that:  bond hearings are being conducted twice daily; the constitutional and statutory rights of defendants and victims are being upheld; bonds are neither excessive nor limited to cash only; and no irregular practices, as outlined in the above-referenced Order, are occurring.

6.  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.

7.  Call a meeting, at least on a quarterly basis, of all summary court judges in the county to formulate uniform procedures in the county summary court system.  Require that all summary court judges, who have court bank accounts, bring to the quarterly meetings documentary proof of all monthly reconciliations of those bank accounts since the previous quarterly meeting.  A minimum of one municipal judge from each municipality within the county shall be required to attend these meetings.

8.  Coordinate the planning of budgets for the magistrates in the county, with those magistrates' input, and appear before the county governing body to present and justify the budget request.      

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

10.  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.

11.  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.

12.  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.

13.  Collect and review information concerning the age of pending civil and criminal cases from the other magistrates and municipal judges in the county on a quarterly basis to ensure that all civil cases are disposed of within ninety (90) days of filing and that criminal cases are disposed of within sixty (60) days of arrest. 

14.  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 Judge 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.

15.  Ensure that the Office of South Carolina 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.                                

16.  Appoint, coordinate, and assign constables throughout the county, in those counties that utilize constables, so as to ensure cooperation and effective judicial service. 

17.  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. 

18.   Monitor all requests for recusals countywide.  When all magistrates have recused themselves from a particular case in order to avoid the appearance of impropriety, the Chief Judge shall request from the Chief Justice, by and through Court Administration, a judge from outside of that county be assigned to dispose of the case by order of the Chief Justice.

19.  Report to the Office of South Carolina 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, 2020, and shall continue through December 31, 2020, unless amended or revoked by Order of the Chief Justice. 

Within two weeks of appointment, all Chief Judges shall reconcile each court bank account from each summary court judge in the county who has court bank accounts and shall report any findings regarding discrepancies to the Office of South Carolina Court Administration.

 

s/Donald W. Beatty                 Donald W. Beatty  Chief Justice of South Carolina

Columbia, South Carolina June 29, 2020