Who can serve as a municipal judge?
City council may appoint a municipal court judge(s) or may contract with another municipality in the county or a county magistrate to preside over its court. A mayor or councilmember cannot serve as both an elected official and as a municipal judge. A municipal judge does not have to be a resident of the municipality in which he is a municipal judge.
How does council appoint the judge?
Municipalities establish local appointment procedures. "We recommend councils establish procedures that define minimum qualifications for the position and solicit interest from qualified candidates," explained Eric Budds, deputy executive director of the Municipal Association. At a properly noticed and convened meeting, council must vote on the judge's appointment. The appointment motion should specify the term of the appointment (from two to four years) and fix the compensation for the position. The minutes should clearly record this information to establish an easily accessible, permanent record of the appointment.
What is the term of appointment?
Each municipal judge serves for a term set by the council and until his successor is appointed and qualified. State law requires the term be ""not less than two years but not more than four years" " Once appointed and during the term of office specified by council, a municipal judge may only be suspended or removed from office by order of the state Supreme Court according to its rules for incapacity, misconduct or neglect of duty. City council cannot suspend or remove a municipal judge during his appointed term without the court order.
What happens after council makes an appointment?
- The municipality must notify the South Carolina Court Administration of any person(s) appointed or reappointed as municipal judge(s).
- Each appointee must take and subscribe to the oath of office administered by a notary and prescribed by Article VI, Section 5, of the South Carolina Constitution before beginning his duties as municipal judge.
What are the qualifications and educational requirements?
- Municipal judges are not required to be attorneys. If the municipal judge is an attorney admitted to practice in South Carolina, he cannot practice law in the municipal court for which he is appointed.
- According to the state Supreme Court, all municipal judges who are not attorneys must complete a training program and pass a certification examination within one year of appointment. Judges who are attorneys must complete the training course within the first year of appointment but are not required to take the certification exam.
- All municipal judges must attend annual training to receive the number of approved continuing education hours required by the state Supreme Court in criminal law and subject areas related to municipal judges' duties.
- All municipal judges must pass a recertification examination every eight years after they pass the initial certification examination.
- If the judge fails to complete the training program or pass the certification examination, he must forfeit his position.