2007-05

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

MEMORANDUM

TO:                  Magistrate and Municipal Judges

FROM:            Robert L. McCurdy

RE:                 Bond Procedure Order

DATE:           September 25, 2007

We have been asked for clarification concerning the bolded portion of the following line contained in the September 19, 2007, Bond Procedure Order recently issued by the Chief Justice.  “Bond hearings shall not be conducted over the telephone and orders of release shall not be transmitted by facsimile from remote locations.”  Magistrates and municipal judges may transmit by facsimile orders of release after a defendant has received a proper bond hearing and the judicial officer can confirm that the defendant has made bond.  However, orders of release may not be transmitted by facsimile in response to a bond hearing which was improperly conducted via telephone.  Additionally, the prohibition of transmission of orders of release from “remote locations” prohibits the transmission of discharges by facsimile in such a manner that a recipient at the detention center is unable to positively identify that the order of release was signed and transmitted by an appropriate judicial official. 

Should you have questions concerning this matter, please do not hesitate to contact me.