September 19, 1978


TO: Magistrates
FROM: Neal Forney, Assistant Director
RE: Bonding of Magistrates and their Staff who are Assigned Financial Responsibilities

S.C. Code Ann. § 22-1-150 and § 22-1-160 provides for the bonding of magistrates and magistrates' employees who are charged with financial responsibilities.

Section 22-1-150 provides that the magistrates must file with the clerk of court a bond specified by the county governing body which is not less than 25% of the collections for the previous year that were reported to the county treasurer. If collections did not exceed a total of $2,000, the county governing body can waive the bond requirement for the magistrate. A magistrate not properly bonded could be considered as serving in a de facto capacity. 1992 Op. Atty Gen. No. 92-62.

You are requested to read the provisions of these sections. Please notice that § 22-1-160 requires that employees of the magistrates are also to be bonded when their duties consist of financial responsibilities.