South Carolina Code 22-2-40. Number and location of magistrates in county; ministerial magistrates
(B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
Terms Used In South Carolina Code 22-2-40
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) to issue criminal warrants;
(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and
(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate.
(C) Notwithstanding the provisions of subsection (A), § 22-1-10(A), or § 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in § 22-8-40(C) and (D) as provided in § 22-1-30(B), or by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate’s compensation must not be decreased during his term in office.