The Supreme Court of South Carolina

RE:  Disposition of Criminal Summary Court Cases

ORDER

The judges of the magistrate and municipal courts of South Carolina being a part of the statewide unified judicial system, and pursuant to the provisions of Article V, Section 4, South Carolina Constitution,

IT IS ORDERED that each magistrate and municipal judge of this State shall try or otherwise dispose of all non-jury criminal cases, including non-jury traffic cases, within sixty (60) days of the return of the charging paper to the court, in the absence of good cause shown to the court.

IT IS FURTHER ORDERED that each magistrate and municipal judge of this State shall try or otherwise dispose of all criminal cases, including traffic cases, in which a  jury trial has been requested within one-hundred twenty (120) days of the return of the charging paper to the court, in the absence of good cause shown to the court.

IT IS FURTHER ORDERED that magistrates and municipal judges shall report, upon request, to the Office of South Carolina Court Administration the reason that any criminal cases, including traffic cases, have not been tried or otherwise disposed within the time limits prescribed in this Order.  The provisions of this Order in and of itself raise no substantive rights or defenses to parties involved in magistrate or municipal court criminal cases, including traffic cases.

This Order revokes and replaces the previous Order of the Chief Justice dated June 26, 1980, addressing the timely disposition of criminal summary court cases, including traffic cases.  The provisions of this Order are effective immediately and remain in effect unless amended or revoked by subsequent Order of the Chief Justice. 

February 14, 2011
Columbia, SC