2010-01

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

MEMORANDUM

TO:                 Magistrates and Municipal Judges

FROM:           Robert L. McCurdy, Assistant Director

RE:                 Disposition of Cases Beyond Magistrate and Municipal Court Jurisdiction

DATE:           April 8, 2010

Magistrates and municipal judges are sometimes asked to “handle” circuit court cases which have been “remanded” to them for disposition. Sometimes this is done as part of a plea bargain agreement in the Court of General Sessions. At other times, the attorneys “agree” that a civil case be tried in magistrate’s court even though the amount in controversy exceeds $7,500.00. Chief Justice Toal has asked us to inform you of her specific instructions that magistrates and municipal judges should not hear cases outside their subject matter jurisdiction, even upon agreement of the parties. If you are ordered to dispose of such cases, you are asked to contact us immediately.

RLM/mhb

Cc:  Solicitors
       Circuit Court Judges