H 4814

South Carolina General Assembly
126th Session, 2025-2026
Bill 4814
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY AMENDING SECTION 22-1-10, RELATING TO THE APPOINTMENT
OF MAGISTRATES, SO AS TO REVISE THE EDUCATION REQUIREMENTS FOR MAGISTRATES; AND
BY AMENDING SECTION 22-2-10, RELATING TO THE APPOINTMENT OF A SCREENING COMMITTEE
TO ASSIST IN SELECTION OF MAGISTRATES, SO AS TO PROVIDE THAT MEMBERS OF THE
SCREENING COMMITTEE MAY INCLUDE HOUSE DELEGATION MEMBERS AND MEMBERS OF THE
PUBLIC WHO ARE RESIDENTS OF THE COUNTY.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 22-1-10(B) of the S.C. Code is amended to read:
    (B)(1)
No person is eligible to hold the office of magistrate who is not at the time
of his appointment a citizen of the United States and of this State, and who
has not been a resident of this State for at least five years, has not attained
the age of twenty-one years upon his appointment, and has not received a high
school diploma or its equivalent educational training as recognized by the
State Department of Education.
       (2)
Notwithstanding the educational qualifications required in item (1):
  (a)
On and after July 1, 2001, no person is eligible for an initial appointment to
hold the office of magistrate who (i) is not at the time of his appointment a
citizen of the United States and of this State, (ii) has not been a resident of
this State for at least five years, (iii) has not attained the age of
twenty-one years upon his appointment, and (iv) has not received a two-year
associate degree.
  (b)
On and after July 1, 2005, no person is eligible for an initial appointment to
hold the office of magistrate who (i) is not at the time of his appointment a
citizen of the United States and of this State, (ii) has not been a resident of
this State for at least five years, (iii) has not attained the age of
twenty-one years upon his appointment, and (iv) has not received a four-year
baccalaureate degree.
  (c) On and after July 1, 2026, no person
is eligible for an initial appointment to hold the office of magistrate who (i)
is not at the time of his appointment a citizen of the United States and of
this State, (ii) has not been a resident of this State for at least five years,
(iii) has not attained the age of twenty-one years upon his appointment, and
(iv) does not meet one of the following education and experience requirements:
  (A) has received an associate or
bachelor's degree accompanied by at least six years of background experience in
law or, if the associate or bachelor's degree is in criminal justice or legal
studies, accompanied by at least three years of background experience in law;
  (B) has received a master's or doctoral
degree accompanied by at least three years of background experience in law or,
if the master's or doctoral degree is in criminal justice or legal studies,
accompanied by at least one year of background experience in law; or
  (C) has received a Juris Doctor degree.
SECTION 2.  Section 22-2-10 of the S.C. Code is amended to read:
    Section
22-2-10. 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.
Members of the committee may include house delegation members and members of
the public who are residents of the respective county. If a county delegation
has less than five members, at least three members of the public must be
appointed to the screening committee.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 17, 2025 at 01:54 PM