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House committee advances bill to raise magistrate jurisdiction, require lawyer magistrates and add judicial screening
Summary
The House Judiciary subcommittee gave a favorable report to H 3530, a package of magistrate-court reforms that would route magistrate appointments through the Judicial Merit Selection Commission, limit holdover service, require magistrates to be attorneys (with grandfathering), expand civil/criminal jurisdiction, and add limited discovery. Members debated costs, rural impacts and remedies for magistrates who fail to file appellate returns.
Representative Jordan introduced H 3530 as a multi-part overhaul of South Carolina’s magistrate court system, saying the bill would increase access to faster adjudication while strengthening judicial vetting. “This legislation requires the senate to forward magistrate candidates to the JMSC,” Jordan said, describing a new referral and reporting process to the JMSC and the governor.
The bill would limit a magistrate’s ‘holdover’ status to 14 days after a term expires and, with the subcommittee amendment, require magistrates to be licensed attorneys going forward while grandfathering existing non‑lawyer magistrates. Jordan described two delayed effective dates tied to the jurisdiction increases: a civil-jurisdiction rise would not take effect before July 1, 2028, and the criminal-jurisdiction increase would not take effect before July 1, 2030.
Under the measure, magistrate courts’ civil jurisdiction would grow from the current $7,500 cap to $25,000. Criminal jurisdiction would expand to allow fines or forfeitures up to $25,000 or imprisonment not exceeding one year where applicable. Jordan told the committee the package grew from recommendations by an ad‑hoc judicial selection and retention committee that met in 2023–24.
The subcommittee amendment also adds a limited discovery regime in civil magistrate cases; Jordan described it as an exchange narrowly limited to witness lists, records expected to be used at trial, and specified self‑authenticating medical records and bills so cases are not decided by surprise.
Members broadly supported speeding cases to finality but raised persistent concerns about cost, rural capacity and the impact of requiring lawyer magistrates. Representative Mitchell asked whether the fiscal impact statement adequately accounts for the cost of converting magistrates to attorney positions; Jordan said a separate funding mechanism is before another committee and that fee increases and provisos are being examined to help fund the change. Representative Robinson and others warned small counties with few practicing lawyers could struggle to staff lawyer‑only magistrate positions.
Representative Lott offered and later refined an amendment aimed at appeals where a magistrate fails to prepare a return. Lott explained that when a magistrate refuses or neglects to file a return, the appellate (circuit) court should have a clear path to resolve the case, saying the appellate court “may proceed under section 18‑7‑90” and, if necessary, examine witnesses to decide the appeal rather than allow it to languish.
Representative Martin proposed allowing limited voir dire in higher‑value magistrate cases; other members raised concerns that voir dire could slow what is intended to be an expedient forum. Martin’s amendment was tabled after discussion.
The committee adopted the subcommittee report and later approved the bill as amended by roll call. The committee clerk announced the result as a favorable report on H 3530 (announced tally: 21 in favor, 0 opposed). The measure will advance next according to the Legislature’s calendar.
The recorded debate focused on balancing faster access to court with safeguards for defendants and on how counties would fund and staff expanded magistrate responsibilities; several members urged that the funding and operational details be finalized before full implementation.
