SECTION 22-2-5. Eligibility examinations for magistrates.
(A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made.
(B) The court administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The court administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall begin on or after July 1, 2000.
SECTION 22-2-10. Screening committee to assist in selection of magistrates.
A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.
SECTION 22-2-15. Special election for nonpartisan preferential selection of magistrate.
Notwithstanding the provisions of Section 22-2-10, in the event a senatorial delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial delegation shall call for such election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such sixty day period setting forth the date and subject of such election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections.
SECTION 22-2-20. Establishment of jury areas for juries serving courts of magistrates.
The General Assembly shall establish jury areas from which juries shall be drawn to serve in the courts of various magistrates within the counties of this State. Initially, the jury areas shall be determined in the following manner:
The chief magistrate for administration of the county shall fix the area from which the jury shall be drawn to serve in the courts of the various magistrates within the county. The boundaries, as close as practical, shall conform to precinct lines; provided, however, that every effort should be made to conform such jury areas to existing magisterial districts or if no districts exist, then such boundaries shall include the area in the vicinity of each magistrate's court within the county.
SECTION 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas.
In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Research and Statistical Services Division of the State Budget and Control Board and the Senate Research staff for demographic information and the State Election Commission for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina.
SECTION 22-2-40. Number and location of magistrates in county; ministerial magistrates.
(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area.
(B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
(1) to issue criminal warrants;
(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and
(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate.
(C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office.
SECTION 22-2-50. Preparation of jury lists.
In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates.
SECTION 22-2-60. Preparation and custody of jury box.
A constable or other person appointed by a magistrate shall, during the first thirty days of each calendar year, prepare a jury box for use in the magistrate's court which shall be provided by the governing body of the county. Each box shall contain two compartments designated as A and B respectively. The person charged with the preparation of the box shall, within the specified period, place in Compartment A of the box the individual names of all qualified electors in the Jury Area. After Compartment A has been filled with names, the box shall be locked and kept in the magistrate's custody.
SECTION 22-2-70. Jury trials following improper preparation of jury box.
If it is determined that the jury box has not been prepared as provided in this chapter, no jury trial shall be held until the box has been prepared as provided by law; provided, however, that no verdict shall be rendered invalid by reason of failure to comply with the provisions of this chapter if no challenge was raised prior to a jury being sworn.
SECTION 22-2-80. Selection of jury list.
(A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party.
SECTION 22-2-85. Optional postponement of jury service for students.
If a student selected for jury service during the school term so requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this section, a student is a person enrolled in high school or an institution of higher learning, including technical college.
SECTION 22-2-90. Additional procedure for selection of jury list in court which schedules terms for jury trials.
(A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned.
SECTION 22-2-100. Selection of primary and alternate jurors; peremptory challenges.
The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.
SECTION 22-2-110. Time for exercise of peremptory challenges.
Parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
SECTION 22-2-120. Selection of additional jurors at time of trial.
If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100.
SECTION 22-2-130. Penalty for failure of duly summoned juror to appear; frequency of jury service.
If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year.
SECTION 22-2-135. Essential service to business excuse.
Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
SECTION 22-2-140. Transfer of names between compartments of jury box.
After a jury has been drawn from Compartment A, the names, whether accepted or rejected for jury service, shall as soon as practicable, be placed in compartment B, and they shall remain in Compartment B until all the names have been exhausted in drawing juries from Compartment A. At that time, all names in Compartment B shall be returned to Compartment A, and thereafter juries shall continue to be drawn therefrom in the manner provided in this act until a new jury box is prepared.
SECTION 22-2-150. Persons entitled to trial by jury.
Every person arrested and brought before a magistrate charged with an offense within his jurisdiction shall be entitled on demand to trial by jury which shall be selected as provided in this chapter.
SECTION 22-2-160. Compensation and mileage for service on coroner's and magistrate's juries.
Jurors serving in magistrate's court, and on coroner's juries shall receive a per diem of ten dollars, and mileage. Compensation and mileage shall be paid by the county in which the jury sits.
SECTION 22-2-170. Trial of criminal cases in jury area where offense was committed; waiver of right by defendant.
Magistrates shall have jurisdiction throughout the county in which they are appointed. Criminal cases shall be tried in the Jury Area where the offense was committed, subject to a change of venue, pursuant to the provisions of Section 22-3-920 of the 1976 Code; provided, however, that the chief magistrate for administration of the county, upon approval of the county governing body, may provide for the selection of magistrates' jurors countywide upon the affirmative waiver by the defendant of his right to be tried in the jury area where the offense was committed.
SECTION 22-2-190. County jury areas.
The following jury areas for magistrates' courts in the various counties of the State are established:
Sheldon--Comprised of Sheldon 1, 2, and Dale Lobeco precincts and bounded as follows: by a line beginning at the intersection of the Beaufort-Jasper County line and the Beaufort-Hampton County line; thence northeastward following the Beaufort-Hampton County line to its intersection with the Beaufort-Colleton County line; thence southeastward following the Beaufort-Colleton County line until its intersection with the center line of the Coosaw River; thence westward following the center line of the Coosaw River to its intersection with the center line of Whale Branch; thence westward following the center line of Whale Branch to its intersection with the Beaufort-Jasper County line; thence northward following the Beaufort-Jasper County line to its intersection with the Beaufort-Hampton County line, the point of origin.
Bluffton--Comprised of Bluffton 1, 2, 3, and Chechessee precincts and bounded as follows: by a line beginning at the intersection of the center line of Ramshorn Creek and the Beaufort-Jasper County line; thence northward by its various courses following the Beaufort-Jasper County line to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of the Chechessee River in Port Royal Sound; thence westward following the center line of the Chechessee River to its intersection with the center line of Skull Creek; thence southwestward following the center line of Skull Creek to its intersection with the center line of Mackay Creek; thence southward following the center lines of Mackay Creek and Calibogue Sound to the intersection of the center line of Calibogue Sound and the center line of the Cooper River; thence southwestward following the center line of the Cooper River to its intersection with the center line of Ramshorn Creek; thence southwestward following the center line of Ramshorn Creek to its intersection with the Beaufort-Jasper County line, the point of origin.
Daufuskie--Comprised of Daufuskie precinct and bounded as follows: by a line beginning at the intersection of Ramshorn Creek and the Beaufort-Jasper County line; thence southeastward following the Beaufort-Jasper County line to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 135
SECTION 22-2-5. Eligibility examinations for magistrates.
(A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made.
(B) The court administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The court administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall begin on or after July 1, 2000.
SECTION 22-2-10. Screening committee to assist in selection of magistrates.
A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.
SECTION 22-2-15. Special election for nonpartisan preferential selection of magistrate.
Notwithstanding the provisions of Section 22-2-10, in the event a senatorial delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial delegation shall call for such election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such sixty day period setting forth the date and subject of such election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections.
SECTION 22-2-20. Establishment of jury areas for juries serving courts of magistrates.
The General Assembly shall establish jury areas from which juries shall be drawn to serve in the courts of various magistrates within the counties of this State. Initially, the jury areas shall be determined in the following manner:
The chief magistrate for administration of the county shall fix the area from which the jury shall be drawn to serve in the courts of the various magistrates within the county. The boundaries, as close as practical, shall conform to precinct lines; provided, however, that every effort should be made to conform such jury areas to existing magisterial districts or if no districts exist, then such boundaries shall include the area in the vicinity of each magistrate's court within the county.
SECTION 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas.
In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Research and Statistical Services Division of the State Budget and Control Board and the Senate Research staff for demographic information and the State Election Commission for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina.
SECTION 22-2-40. Number and location of magistrates in county; ministerial magistrates.
(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area.
(B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
(1) to issue criminal warrants;
(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and
(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate.
(C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office.
SECTION 22-2-50. Preparation of jury lists.
In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates.
SECTION 22-2-60. Preparation and custody of jury box.
A constable or other person appointed by a magistrate shall, during the first thirty days of each calendar year, prepare a jury box for use in the magistrate's court which shall be provided by the governing body of the county. Each box shall contain two compartments designated as A and B respectively. The person charged with the preparation of the box shall, within the specified period, place in Compartment A of the box the individual names of all qualified electors in the Jury Area. After Compartment A has been filled with names, the box shall be locked and kept in the magistrate's custody.
SECTION 22-2-70. Jury trials following improper preparation of jury box.
If it is determined that the jury box has not been prepared as provided in this chapter, no jury trial shall be held until the box has been prepared as provided by law; provided, however, that no verdict shall be rendered invalid by reason of failure to comply with the provisions of this chapter if no challenge was raised prior to a jury being sworn.
SECTION 22-2-80. Selection of jury list.
(A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party.
SECTION 22-2-85. Optional postponement of jury service for students.
If a student selected for jury service during the school term so requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this section, a student is a person enrolled in high school or an institution of higher learning, including technical college.
SECTION 22-2-90. Additional procedure for selection of jury list in court which schedules terms for jury trials.
(A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned.
SECTION 22-2-100. Selection of primary and alternate jurors; peremptory challenges.
The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.
SECTION 22-2-110. Time for exercise of peremptory challenges.
Parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
SECTION 22-2-120. Selection of additional jurors at time of trial.
If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100.
SECTION 22-2-130. Penalty for failure of duly summoned juror to appear; frequency of jury service.
If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year.
SECTION 22-2-135. Essential service to business excuse.
Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
SECTION 22-2-140. Transfer of names between compartments of jury box.
After a jury has been drawn from Compartment A, the names, whether accepted or rejected for jury service, shall as soon as practicable, be placed in compartment B, and they shall remain in Compartment B until all the names have been exhausted in drawing juries from Compartment A. At that time, all names in Compartment B shall be returned to Compartment A, and thereafter juries shall continue to be drawn therefrom in the manner provided in this act until a new jury box is prepared.
SECTION 22-2-150. Persons entitled to trial by jury.
Every person arrested and brought before a magistrate charged with an offense within his jurisdiction shall be entitled on demand to trial by jury which shall be selected as provided in this chapter.
SECTION 22-2-160. Compensation and mileage for service on coroner's and magistrate's juries.
Jurors serving in magistrate's court, and on coroner's juries shall receive a per diem of ten dollars, and mileage. Compensation and mileage shall be paid by the county in which the jury sits.
SECTION 22-2-170. Trial of criminal cases in jury area where offense was committed; waiver of right by defendant.
Magistrates shall have jurisdiction throughout the county in which they are appointed. Criminal cases shall be tried in the Jury Area where the offense was committed, subject to a change of venue, pursuant to the provisions of Section 22-3-920 of the 1976 Code; provided, however, that the chief magistrate for administration of the county, upon approval of the county governing body, may provide for the selection of magistrates' jurors countywide upon the affirmative waiver by the defendant of his right to be tried in the jury area where the offense was committed.
SECTION 22-2-190. County jury areas.
The following jury areas for magistrates' courts in the various counties of the State are established:
Sheldon--Comprised of Sheldon 1, 2, and Dale Lobeco precincts and bounded as follows: by a line beginning at the intersection of the Beaufort-Jasper County line and the Beaufort-Hampton County line; thence northeastward following the Beaufort-Hampton County line to its intersection with the Beaufort-Colleton County line; thence southeastward following the Beaufort-Colleton County line until its intersection with the center line of the Coosaw River; thence westward following the center line of the Coosaw River to its intersection with the center line of Whale Branch; thence westward following the center line of Whale Branch to its intersection with the Beaufort-Jasper County line; thence northward following the Beaufort-Jasper County line to its intersection with the Beaufort-Hampton County line, the point of origin.
Bluffton--Comprised of Bluffton 1, 2, 3, and Chechessee precincts and bounded as follows: by a line beginning at the intersection of the center line of Ramshorn Creek and the Beaufort-Jasper County line; thence northward by its various courses following the Beaufort-Jasper County line to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of the Chechessee River in Port Royal Sound; thence westward following the center line of the Chechessee River to its intersection with the center line of Skull Creek; thence southwestward following the center line of Skull Creek to its intersection with the center line of Mackay Creek; thence southward following the center lines of Mackay Creek and Calibogue Sound to the intersection of the center line of Calibogue Sound and the center line of the Cooper River; thence southwestward following the center line of the Cooper River to its intersection with the center line of Ramshorn Creek; thence southwestward following the center line of Ramshorn Creek to its intersection with the Beaufort-Jasper County line, the point of origin.
Daufuskie--Comprised of Daufuskie precinct and bounded as follows: by a line beginning at the intersection of Ramshorn Creek and the Beaufort-Jasper County line; thence southeastward following the Beaufort-Jasper County line to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 135
SECTION 22-2-5. Eligibility examinations for magistrates.
(A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made.
(B) The court administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The court administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall begin on or after July 1, 2000.
SECTION 22-2-10. Screening committee to assist in selection of magistrates.
A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.
SECTION 22-2-15. Special election for nonpartisan preferential selection of magistrate.
Notwithstanding the provisions of Section 22-2-10, in the event a senatorial delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial delegation shall call for such election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such sixty day period setting forth the date and subject of such election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections.
SECTION 22-2-20. Establishment of jury areas for juries serving courts of magistrates.
The General Assembly shall establish jury areas from which juries shall be drawn to serve in the courts of various magistrates within the counties of this State. Initially, the jury areas shall be determined in the following manner:
The chief magistrate for administration of the county shall fix the area from which the jury shall be drawn to serve in the courts of the various magistrates within the county. The boundaries, as close as practical, shall conform to precinct lines; provided, however, that every effort should be made to conform such jury areas to existing magisterial districts or if no districts exist, then such boundaries shall include the area in the vicinity of each magistrate's court within the county.
SECTION 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas.
In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Research and Statistical Services Division of the State Budget and Control Board and the Senate Research staff for demographic information and the State Election Commission for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina.
SECTION 22-2-40. Number and location of magistrates in county; ministerial magistrates.
(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area.
(B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
(1) to issue criminal warrants;
(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and
(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate.
(C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office.
SECTION 22-2-50. Preparation of jury lists.
In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates.
SECTION 22-2-60. Preparation and custody of jury box.
A constable or other person appointed by a magistrate shall, during the first thirty days of each calendar year, prepare a jury box for use in the magistrate's court which shall be provided by the governing body of the county. Each box shall contain two compartments designated as A and B respectively. The person charged with the preparation of the box shall, within the specified period, place in Compartment A of the box the individual names of all qualified electors in the Jury Area. After Compartment A has been filled with names, the box shall be locked and kept in the magistrate's custody.
SECTION 22-2-70. Jury trials following improper preparation of jury box.
If it is determined that the jury box has not been prepared as provided in this chapter, no jury trial shall be held until the box has been prepared as provided by law; provided, however, that no verdict shall be rendered invalid by reason of failure to comply with the provisions of this chapter if no challenge was raised prior to a jury being sworn.
SECTION 22-2-80. Selection of jury list.
(A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party.
SECTION 22-2-85. Optional postponement of jury service for students.
If a student selected for jury service during the school term so requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this section, a student is a person enrolled in high school or an institution of higher learning, including technical college.
SECTION 22-2-90. Additional procedure for selection of jury list in court which schedules terms for jury trials.
(A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned.
SECTION 22-2-100. Selection of primary and alternate jurors; peremptory challenges.
The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.
SECTION 22-2-110. Time for exercise of peremptory challenges.
Parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
SECTION 22-2-120. Selection of additional jurors at time of trial.
If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100.
SECTION 22-2-130. Penalty for failure of duly summoned juror to appear; frequency of jury service.
If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year.
SECTION 22-2-135. Essential service to business excuse.
Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
SECTION 22-2-140. Transfer of names between compartments of jury box.
After a jury has been drawn from Compartment A, the names, whether accepted or rejected for jury service, shall as soon as practicable, be placed in compartment B, and they shall remain in Compartment B until all the names have been exhausted in drawing juries from Compartment A. At that time, all names in Compartment B shall be returned to Compartment A, and thereafter juries shall continue to be drawn therefrom in the manner provided in this act until a new jury box is prepared.
SECTION 22-2-150. Persons entitled to trial by jury.
Every person arrested and brought before a magistrate charged with an offense within his jurisdiction shall be entitled on demand to trial by jury which shall be selected as provided in this chapter.
SECTION 22-2-160. Compensation and mileage for service on coroner's and magistrate's juries.
Jurors serving in magistrate's court, and on coroner's juries shall receive a per diem of ten dollars, and mileage. Compensation and mileage shall be paid by the county in which the jury sits.
SECTION 22-2-170. Trial of criminal cases in jury area where offense was committed; waiver of right by defendant.
Magistrates shall have jurisdiction throughout the county in which they are appointed. Criminal cases shall be tried in the Jury Area where the offense was committed, subject to a change of venue, pursuant to the provisions of Section 22-3-920 of the 1976 Code; provided, however, that the chief magistrate for administration of the county, upon approval of the county governing body, may provide for the selection of magistrates' jurors countywide upon the affirmative waiver by the defendant of his right to be tried in the jury area where the offense was committed.
SECTION 22-2-190. County jury areas.
The following jury areas for magistrates' courts in the various counties of the State are established:
Sheldon--Comprised of Sheldon 1, 2, and Dale Lobeco precincts and bounded as follows: by a line beginning at the intersection of the Beaufort-Jasper County line and the Beaufort-Hampton County line; thence northeastward following the Beaufort-Hampton County line to its intersection with the Beaufort-Colleton County line; thence southeastward following the Beaufort-Colleton County line until its intersection with the center line of the Coosaw River; thence westward following the center line of the Coosaw River to its intersection with the center line of Whale Branch; thence westward following the center line of Whale Branch to its intersection with the Beaufort-Jasper County line; thence northward following the Beaufort-Jasper County line to its intersection with the Beaufort-Hampton County line, the point of origin.
Bluffton--Comprised of Bluffton 1, 2, 3, and Chechessee precincts and bounded as follows: by a line beginning at the intersection of the center line of Ramshorn Creek and the Beaufort-Jasper County line; thence northward by its various courses following the Beaufort-Jasper County line to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of the Chechessee River in Port Royal Sound; thence westward following the center line of the Chechessee River to its intersection with the center line of Skull Creek; thence southwestward following the center line of Skull Creek to its intersection with the center line of Mackay Creek; thence southward following the center lines of Mackay Creek and Calibogue Sound to the intersection of the center line of Calibogue Sound and the center line of the Cooper River; thence southwestward following the center line of the Cooper River to its intersection with the center line of Ramshorn Creek; thence southwestward following the center line of Ramshorn Creek to its intersection with the Beaufort-Jasper County line, the point of origin.
Daufuskie--Comprised of Daufuskie precinct and bounded as follows: by a line beginning at the intersection of Ramshorn Creek and the Beaufort-Jasper County line; thence southeastward following the Beaufort-Jasper County line to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 135
