Public testimony shows split over clearing decade-old municipal warrants

The House Judiciary Committee held a public hearing on S.P. 82, a proposal to make misdemeanor warrants that remain unserved for 10 years lapse and become void, with certain enumerated exceptions.

Senator proponents described the measure as a limited, practical fix to prevent municipal actions from being put on indefinite hold after a notice of appeal is filed but no appeal is ever filed. The sponsor said the bill would apply to certain minor offenses and preserve exceptions for serious crimes.

In public testimony, a woman who identified herself as a formerly incarcerated and recovered person said an 11-year-old municipal warrant resulted in her arrest in front of her child last year, undermining her rehabilitation and threatening relapse. She asked the committee to protect people in her position and prevent long-stale warrants from producing that outcome.

Municipal judges and court clerks opposed a blanket ten-year extinguishment. Judge James Sturdivant, president of the Municipal Judges Association, said judges already consider custody and victim interests and that a statutory presumption would risk overlooking individual circumstances. Susan Fuqua, a court clerk and magistrate, said the bill could shortchange victims and strip judges of the ability to review warrants on a case-by-case basis; she described the operational expectations for issuing warrants, notifying defendants and the role of court clerks in record-keeping.

Committee members asked whether a mandatory judicial review or a process requiring magistrates to flag old warrants for judge review at the 10-year mark would address concerns. Several members suggested working toward a compromise that preserves victims’ notice and judicial review while preventing indefinite administrative limbo.

The committee closed the public hearing and said it would continue work on the measure before any vote.