The Supreme Court of South Carolina

RE:    Motions for Bond Reductions, Modifications, and Revocations in
Charleston County

ORDER

By Administrative Orders dated October 31, 2001, and December 13, 2007, magistrates, who were presiding at centralized preliminary hearings, were authorized to consider motions to reduce, modify, or revoke the initial bonds set by a magistrate or municipal judge in Charleston County.  These orders impermissibly expand the authority of magistrates beyond what is granted by section 17-15-55 of the South Carolina Code, in particular subsection (E).  See S.C. Code Ann. § 17-15-55(E) (2014 & Supp. 2017) ("For the purpose of bond revocation only, a summary court has concurrent jurisdiction with the circuit court for ten days from the date bond is first set on a charge by the summary court to determine if bond should be revoked." (emphasis added)).   Accordingly, the Administrative Orders are vacated.

Columbia, South Carolina
October 12, 2018