Magistrate reform

2025-2026 Bill 4814: Magistrate reform - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4814
STATUS INFORMATION
General Bill
Sponsors: Reps. Magnuson and Pope
Document Path: LC-0318HDB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Magistrate reform
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 98
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 98
)

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

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.

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

S
ECTION 1.
S
ection
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.

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

S
ection
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.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:41 PM