Topic: State Law Concerning Magistrate/Summary Court Judges

Once again JD is way off base concerning magistrate appointments. Over three weeks ago I posted this information so that many would be informed about the requirements for being a magistrate judge. It is no secret that the origination process begins with the senator. Having the power to appoint magistrates is one of the most pronounced privileges still within the realm of a seantor at the local level. Yes these appointments are political and yes they reflect a Good Ole Boy judicial system. 

Josiah, I'll quote a portion of what what you posted three weeks ago: " According to Article V, Section 26 of the S.C. Constitution magistrates are appointed for each county by the Governor, by and with the adivice and consent of the Senate."

SSHM said magistrates are appointed by the State Senator in that county. I said magistrates are appointed by the Governor of the State of South Carolina.

What part of, "According to Article V, Section 26 of the S.C. Constitution magistrates are appointed by each county by the GOVERNOR ..."  are you two political flunkies having trouble comprehending?

This isn't that complicated. Kevin Bryant DID NOT appoint any magistrates. He recommends them to the Governor, who then makes the appointment with the consent of the full S.C. State Senate, with Bryant being just one of 46 votes. (By the way, all of those appointees will have undergone a complete SLED background check before the Governor appoints them.)

Now, Josiah, you did bring up another issue in your initial post that's problematic. I understand that, of the state's 314 magistrates, 107 - more than one-third - are "holdovers" under that grandfather clause you mentioned. (I believe that answers the question you posed in your first post.)

That means those magistrates have overstayed their appointed terms and the county's Senator has designated tham as "holdovers" - allowing to serve almost indefinitely unless removed by the Governor  for malfeasance or until replaced by the same Senator who's protecting them from term limits.

That needs to stop, as far as I'm concerned. At the end of the appointed term, each magistrate needs to be either re-appointed or replaced, rather than earning what amounts in some cases to lifetime tenure.

I have no idea if the magistrate in Anderson County who's stirred up this mess falls under that category, but I doubt it. In any event, it's an issue worth addressing before one of those "grandfathered" magistrates breaks the law and we all wind up with egg on our faces.

I'm neither clueless nor off-base on the issue of appointment of magistrates, Josiah. And even with your backing, SSHM is still wrong.

Absolutely!  To be the purveyor of laws, one must be the follower of laws.   When you assault citizens, obstruct investigations, drive wrecklessly and DRUNK, you obviously have outlived your use as figurehead of justice to our community. Huzzah JD!