Magistrates

2025-2026 Bill 4668: Magistrates - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4668
STATUS INFORMATION
General Bill
Sponsors: Reps. C. Mitchell, Pope and Chumley
Document Path: LC-0286HDB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: Magistrates
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 51
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 51
)

1/30/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
01/30/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
2-19-115
SO AS TO REQUIRE CANDIDATES FOR MAGISTRATE POSITIONS TO BE REVIEWED BY
THE JUDICIAL MERIT SELECTION COMMISSION IN THE SAME MANNER AS OTHER JUDICIAL
CANDIDATES UPON VACANCIES, AND TO DEFINE WHEN VACANCIES OCCUR; BY AMENDING
SECTION
22-3-10
, RELATING TO CIVIL JURISDICTION IN MAGISTRATES COURT, SO AS TO
INCREASE THE CIVIL JURISDICTION OF MAGISTRATES COURT; AND BY AMENDING SECTION
22-8-30
, RELATING TO THE FACILITIES AND PERSONNEL OF MAGISTRATES COURTS IN EACH
COUNTY, SO AS TO REQUIRE THE PERSONNEL PROVIDED FOR MAGISTRATES IN EACH COUNTY
TO INCLUDE ONE OR MORE LICENSED ATTORNEYS IN GOOD STANDING OF THE SOUTH
CAROLINA BAR.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 19, Title 2 of the S.C. Code is amended by
adding:

S
ection
2-19-115
.
(
A) Upon a magistrate
position vacancy, the Senate shall forward a magistrate candidate to the
Judicial Merit Selection Commission for review. The commission shall conduct
the same review as for other judicial candidates and may conduct a public
hearing in the same manner as other judicial candidates pursuant to the
provisions of this chapter as the commission deems necessary. The commission
shall forward a report on a magistrate candidate's qualifications to the Senate
and Governor prior to the Governor's appointment. The Governor's appointment
process followed by advice and consent of the Senate is pursuant to the
provisions of Section
22-1-10
. No person found not qualified by the commission
may be appointed to a magistrate position.

(
B)
For purposes of this section, a vacancy is created in a magistrate position
when any of the following occurs, a:

(
1)
term expires;

(
2)
new magistrate position is created; or

(
3)
magistrate no longer can serve due to resignation, retirement, disciplinary
action, disability, or death.

S
ECTION 2.
S
ection
22-3-10
of the S.C. Code is amended to read:

S
ection
22-3-10
.
M
agistrates have concurrent civil
jurisdiction in the following cases:

(
1) in
actions arising on contracts for the recovery of money only, if the sum claimed
does not exceed
seven thousand five hundred
fifteen thousand
dollars;

(
2) in
actions for damages for injury to rights pertaining to the person or personal
or real property, if the damages claimed do not exceed

seven thousand five hundred
fifteen thousand

dollars;

(
3) in
actions for a penalty, fine, or forfeiture, when the amount claimed or
forfeited does not exceed
seven thousand five hundred
fifteen thousand
dollars;

(
4) in
actions commenced by attachment of property, as provided by statute, if the
debt or damages claimed do not exceed
seven thousand five
hundred
fifteen thousand
dollars;

(
5) in
actions upon a bond conditioned for the payment of money, not exceeding
seven thousand five hundred
fifteen
thousand
dollars, though the penalty exceeds that sum, the judgment to
be given for the sum actually due, and when the payments are to be made by
installments an action may be brought for each installment as it becomes due;

(
6) in
any action upon a surety bond taken by them, when the penalty or amount claimed
does not exceed
seven thousand five hundred
fifteen thousand
dollars;

(
7) in
any action upon a judgment rendered in a court of a magistrate or an inferior
court when it is not prohibited by the South Carolina Rules of Civil Procedure;

(
8) to
take and enter judgment on the confession of a defendant in the manner
prescribed by law when the amount confessed does not exceed seven thousand five
hundred dollars;

(
9) in
any action for damages or for fraud in the sale, purchase, or exchange of
personal property, if the damages claimed do not exceed

seven thousand five hundred
fifteen thousand

dollars;

(
10)
in all matters between landlord and tenant and the possession of land as
provided in Chapters 33 through 41
,
of
Title 27;

(
11)
in any action to recover the possession of personal property claimed, the value
of which, as stated in the affidavit of the plaintiff, his agent, or attorney,
does not exceed the sum of
seven thousand five hundred
fifteen thousand
dollars;

(
12)
in all actions provided for in this section when a filed counterclaim involves
a sum not to exceed
seven thousand five hundred
fifteen thousand
dollars, except that this limitation
does not apply to counterclaims filed in matters between landlord and tenant
and the possession of land;

(
13)
in interpleader actions arising from real estate contracts for the recovery of
earnest money, only if the sum claimed does not exceed

seven thousand five hundred
fifteen thousand

dollars; and

(
14)
in actions for damages arising from a person's failure to return leased or
rented personal property within seventy-two hours after the expiration of the
lease or rental agreement, such damages to be based on the loss of revenue or
replacement value of the property, whichever is less, if the damages claimed do
not exceed
seven thousand five hundred
fifteen thousand
dollars; however, the lease or rental
agreement must set forth the manner in which the amount of the loss of revenue
or replacement value of the item leased or rented is calculated.

S
ECTION 3.
S
ection
22-8-30
of the S.C. Code is amended to read:

S
ection
22-8-30
.
(
A) Each county shall
provide sufficient facilities and personnel for the necessary and proper
operation of the magistrates' courts in that county.

(
B)
Other personnel determined to be necessary by the county for magistrates in a
county must be provided by the governing body of the county and must be county
employees and be paid by the county.

(
C)
The compensation of constables may vary, and salaries and perquisites must be
determined by the governing board of the county and funded by the county.

(
D)
(
1)
Notwithstanding the provisions of this section, and subject to the provisions
of subsection (D)(2), the personnel provided for magistrates in each county
must include at least one person who is a licensed attorney in good standing
with the State.

(
2) In counties with populations in
excess of ninety thousand citizens, the personnel provided for magistrates in
each county must include two or more persons who are licensed attorneys in good
standing with the State.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 30, 2026 at 1:59 PM