News - Local/State

Saturday, Jul. 05, 2008

Critics question senators' control over magistrates

State leaders can fire judges kept on 'holdover' status

COLUMBIA -- A third of South Carolina's magistrates are in a special "holdover" status -- several going on more than 10 years, which, critics say, gives state senators too much control over them.

Under state law, magistrates are nominated by their county's Senate delegation, appointed by the governor and confirmed by the full Senate.

By law, senators can't remove magistrates once they are appointed to four-year terms; only the S.C. Supreme Court has that authority.

But the law allows senators to keep magistrates on indefinitely after their four-year terms expire. That allows senators to fire magistrates whenever they wish during the "holdover" period.

Critics say that gives senators too much influence over the state's 314 magistrates, especially senator-attorneys who practice before the magistrates they nominate.

"It's an enormous conflict of interest," Joel Sawyer, Gov. Mark Sanford's spokesman, said last week. "You can't tell me that doesn't influence his decision -- a magistrate presiding over a senator's case, knowing he can be fired by that senator the next day."

Magistrates handle the vast majority of minor criminal and civil cases in the state. Those cases include speeding tickets and other traffic cases, criminal cases that carry a maximum jail sentence of 30 days, and lawsuits involving disputed amounts of $7,500 or less. They also set bail for most crimes and issue search and arrest warrants.

The magistrates earn $33,868 to $70,962 a year, depending on their county and years of service. Under state law, magistrates don't need a law degree.

"I don't favor keeping them in holdover status," S.C. Supreme Court Chief Justice Jean Toal told The State newspaper in a recent interview. "It leaves a suggestion of pressure on the judiciary."

Toal said she has "encouraged the Senate leadership many times to get magistrates reappointed."

The State newspaper's analysis of S.C. Judicial Department records found that:

• Of 314 magistrates, 107, or 34 percent, are on holdover status.

• In seven counties, all of the magistrates are on holdover status.

• Spartanburg has the most magistrates on holdover status with 18, followed by Orangeburg with 11, Berkeley with nine and Lexington with eight. Richland and Kershaw counties have none.

• More than half of the magistrates held over have been in that situation for more than two years. Four have been held over for more than 10 years.

• Seven of 12 state senators who are also attorneys are elected from counties where at least half of the magistrates are in holdover status.

John Crangle, the attorney-director of the government watchdog group Common Cause of South Carolina, said the practice has been a "serious problem" for "years and years."

"It undermines the independence of a magistrate," he said. "Any time you have any part of the judicial branch becoming the fiefdom of a senator, it becomes open to abuse."

But state Sen. Harvey Peeler, R-Cherokee, whose district includes Spartanburg County, said he thinks "it's a good practice."

"If you had a rotten apple, a judge not doing his job, you shouldn't have to wait four years," said Peeler, who is not an attorney. "If you ask the magistrates ... they will tell you they aren't concerned about it because they feel they are doing a good job."

Cherokee County Magistrate Franklin Crocker, who was nominated by Peeler, said he isn't concerned that he has been in holdover status since April 30, 1998. Crocker is one of four magistrates statewide, including two in Cherokee, who have been held over for at least 10 years.

"That's just the way the senator chooses to do it, and I don't have any problem with it," Crocker said. "If I'm not doing my job, he'll get rid of me."

No 'evil motive'

Chief Justice Toal said she's not aware of any senator trying to take advantage of a magistrate's tenuous employment status.

"I don't think there is any evil motive or hidden intent," she said. "I just don't think they've gotten to (renominating the magistrate)."