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Union County Magistrate Court, South Carolina

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The Union County Magistrate Court resides in South Carolina. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1]

Magistrates have criminal trial jurisdiction over all offenses which are subject to the penalty of a fine not exceeding $500.00 or imprisonment not exceeding 30 days, or both. (S.C. Code Ann. § 22-3-550). Some traffic and criminal statutes grant the summary courts greater jurisdiction. These statutes will specify that the magistrate court can try cases with a higher penalty provision. Examples include, but are not limited to, domestic violence, third degree (S.C. Code Ann. § 16-25-20(D)(1); third offense driving under suspension (S.C. Code Ann. §56-1-460(d); and forgery, no dollar amount involved (S.C. Code Ann. § 16-13-10(C). In addition, S.C. Code Ann. § 22-3-545 provides that magistrates may hear cases transferred from general sessions, the penalty for which does not exceed one year imprisonment or a fine of $5,500, or both, upon petition by the solicitor and agreement by the defendant. Magistrates have civil jurisdiction when the amount in controversy does not exceed $7,500. (S.C. Code Ann. § 22-3-10). In addition, magistrates are responsible for setting bail, conducting preliminary hearings, and issuing arrest and search warrants. Unlike circuit courts and probate courts, magistrate courts are not courts of record. Proceedings in magistrates courts are summary. (S.C. Code Ann. § 22-3-730).[2]

Selection method

See also: Gubernatorial appointment of judges

Judges of the South Carolina Magistrate Courts are each appointed to four-year terms by the governor with the advice and consent of the state senate.[3] To serve on this court, a judge must be a U.S. citizen, a state resident for five years, between the ages of 21 and 72, and have a two-year associate degree.[4]

See also



External links

Footnotes