Title 1 GOVERNMENT AND ADMINISTRATION
Chapter 1.24 MUNICIPAL COURT
1.24.010 Established.
1.24.020 Municipal judge--Compensation--Vacancy.
1.24.030 Appointment and duties of clerk of court.
1.24.040 Jurisdiction of municipal court.
1.24.050 Office of administrative recorder established.
1.24.060 Same--Appointment.
1.24.070 Same--Bond.
1.24.080 Ordinance violation--Penalties established.
1.24.090 Suspended sentences.
1.24.100 Fines and penalties.
1.24.110 Election of charge against accused.
1.24.120 Appeals.
1.24.130 Appeal return to Court of General Sessions.
1.24.140 Review of conviction by writ.
1.24.150 Trial by jury upon demand.
1.24.160 Jury commissioners--Jury box.
1.24.170 Composition and selection of jury--Challenges.
1.24.180 Return of ballots to box--Subsequent drawings.
1.24.190 Testimony may be taken stenographically or mechanically by a reporter.
1.24.200 Refusal of juror to attend--Limit on service.
1.24.210 Jury fees in criminal cases.
1.24.220 Attendance of witnesses.
1.24.230 Person receiving subpoena, etc., to attend municipal court.
1.24.240 Custody and delivery of sentenced prisoners.
1.24.250 Payment and disposition of fines--Credit for time served.
1.24.010 Established.
There is established a municipal court for the city of Travelers Rest,
which shall be a part of the unified judicial system of the State of South
Carolina, pursuant to Act. No. 480 of 1980, for the trial and determination of
all cases within its jurisdiction. (Prior code § 1-6-1)
1.24.020 Municipal judge--Compensation--Vacancy.
The court shall be presided over by one or more full-time or part-time
judges, at the discretion of the city council. The municipal judge shall be
appointed by council for a term fixed by council, not to exceed four years, and
until his successor is appointed and qualified. The compensation of the
municipal judge shall be as from time to time determined by the council. Any
vacancy shall be filled in accordance with South Carolina Code, Section
14-25-25. (Prior code § 1-6-2)
1.24.030 Appointment and duties of clerk of court.
The city administrator shall designate a clerk of the municipal court, who
shall keep such records and make such reports as may be required by the
municipal judge or the state court administrator. The city administrator may
designate the municipal clerk or other municipal employees to serve as clerk of
the court. (Prior code § 1-6-3)
1.24.040 Jurisdiction of municipal court.
The municipal court shall have jurisdiction to try all cases arising under
the ordinances of the city. The court shall also have all such powers, duties
and jurisdiction in criminal cases made under state law and preferred upon the
magistrates. The court shall have the power to punish for contempt of court by
the imposing of sentences of up to the limits imposed on municipal courts. The
court shall have no jurisdiction in civil matters. (Prior code §
1-6-4)
1.24.050 Office of administrative recorder established.
There is hereby established the office of administrative recorder for the
city who shall, under the supervision of the municipal judge or the assistant
municipal judge, have the following powers and duties:
(1) To fix the amount
of bond for persons arrested by city law enforcement officers for violation of
state and municipal law, and effect release of such persons upon their posting
required bond, or in the exercise of sound discretion, release such persons on
their own recognizance;
(2) Issue arrest and search warrants, summons and
subpoenas in all cases arising under municipal and state law and occurring
within the city;
(3) Fix court dates for municipal court cases with minimal
delay as circumstances allow;
(4) Conduct waiver of extradition
hearings;
(5) Maintain accurate files and records of all proceedings and
documents;
(6) Have such other powers and perform such other duties as may
be specified by the city administrator, chief of police, municipal judge and/or
assistant municipal judge, not inconsistent with the powers and duties above set
forth; provided that no administrative recorder has the authority to try cases.
(Ord. O-10-93 § 4 (part), 1993; Prior code § 1-6-5)
1.24.060 Same--Appointment.
The city administrator shall appoint such person or persons best qualified
to hold the office of administrative recorder, considering the experience,
ability and educational level of applicants. The person or persons so appointed
shall be subject to the personnel rules of the city of Travelers Rest, and shall
hold office at the pleasure of the city administrator. (Prior code §
1-6-6)
1.24.070 Same--Bond.
The council may require that the administrative recorder be bonded in an
amount determined by it and required of other employees of the city who are
responsible for the handling of sums of money belonging to the city. (Prior code
§ 1-6-7)
1.24.080 Ordinance violation--Penalties established.
Whenever a person charged with an offense subject to the jurisdiction of
the municipal court is found guilty upon a trial or enters a plea of guilty or
nolo contendere, the municipal court shall be authorized to impose a fine or
imprisonment, or both, up to the maximum authorized by state law for municipal
courts, mutatis mutandis. The municipal court shall also have the power to
punish for contempt of court of the imposition of a fine or imprisonment, or
both, up to the same limitation. The general power provided by this section
shall not be deemed to authorize the municipal court to impose a fine or
imprisonment greater than that otherwise set by state law for a specific
violation. (Ord. O-17-93 § 2, 1993)
1.24.090 Suspended sentences.
The municipal judge may suspend sentences imposed by himself upon such
terms and conditions as he deems proper including, without limitation,
restitution or public service employment. (Prior code § 1-6-9)
1.24.100 Fines and penalties.
All fines and penalties collected by the municipal court shall be
forthwith turned over to the city clerk-treasurer for deposit to the general
fund of the city. (Prior code § 1-6-10)
1.24.110 Election of charge against accused.
Whenever a person is accused of committing an act which is susceptible of
being designated as several different offenses, the judge of the municipal court
upon the trial of such person shall be required to elect which charge to prefer
and a conviction or an acquittal upon such elected charge shall be a complete
bar to further prosecution for the alleged offense. (Prior code §
1-6-11)
1.24.120 Appeals.
Any party shall have the right to appeal from the sentence or judgment of
the municipal court to the Court of General Sessions. Notice of intention to
appeal, setting forth the grounds for such appeal, shall be given in writing and
served on the municipal judge or the clerk of the municipal court within ten
days after sentence has passed or judgment is rendered or the appeal shall be
deemed waived. The party appealing shall enter into a bond, payable to the city,
to appear and defend such appeal at the next term of the Court of General
Sessions or shall pay the fine assessed. (Prior code § 1-6-12)
1.24.130 Appeal return to Court of General Sessions.
In the event of an appeal, the municipal judge shall make a return to the
Court of General Sessions as provided by S. C. Code, Section 14-25-105. (Prior
code § 1-6-13)
1.24.140 Review of conviction by writ.
Whenever a person shall have been convicted in the municipal court, such
person may, upon petition, obtain from any circuit judge or justice of the
supreme court at chambers or in open court a writ of certiorari requiring the
municipal court to certify the entire record of the case, together with a copy
of the municipal ordinance or a reference to the statute involved, as the case
may be, and the rulings, findings and sentence, returnable at such time as such
circuit judge or justice of the supreme court may direct. Upon the hearing of
the writ, such circuit judge or justice of the supreme court shall have the same
jurisdiction of the entire matter as circuit judges now have in cases appealed
from municipal courts. (Prior code § 1-6-14)
1.24.150 Trial by jury upon demand.
Any person to be tried in the municipal court may, prior to trial, demand
a jury trial, and such jury when demanded, shall be composed of six persons
drawn from the qualified electors of the municipality in the manner prescribed
by law. The right to a jury trial shall be deemed to have been waived unless
demand is made prior to the trial. All jurors shall be selected in accordance
with Act No. 480 of the 1980 S. C. Acts and Joint Resolutions. (Prior code
§ 1-6-15)
1.24.160 Jury commissioners--Jury box.
The city administrator, clerk-treasurer and chief of police of the city
shall constitute the jury commissioners for the municipal court and shall,
within the first thirty days of each year, prepare a box to be known as the
“jury box,” which box shall contain two compartments, designated as
A and B respectively. The jury list of the municipality shall be composed of all
names on the official list of qualified electors of the municipality furnished
to the municipality by the state election commission each year, or copied from
the official voter registration list of the municipality. (Ord. O-10-93 § 4
(part), 1993; prior code § 1-6-16)
1.24.170 Composition and selection of jury--Challenges.
(a) The drawing and composing of juries for single trials of terms of
court shall be conducted, mutatis mutandi, according to the statutes relating to
the drawing and composing of juries in magistrates’ courts, except as
otherwise specifically provided by this chapter. A person appointed by the
municipal judge who is not connected with the trial of the case for either party
shall draw out of compartment A of the jury box thirty names and the list of
names so drawn shall be delivered to each party or to the attorney for each
party.
(b) In addition to the procedure for drawing a jury list as provided
for in subsection (a) of this section, in those courts which schedule terms for
jury trials, the judge may select a jury list in the manner provided by this
subsection. Not less than ten or more than twenty days prior to a scheduled term
of jury trials, a person selected by the presiding judge shall draw at least
forty jurors to serve one week only. Immediately after such jurors are drawn the
judge shall issue his writ of venire facias for such jurors requiring their
attendance on the first day of the week for which they have been drawn and such
writ shall be forthwith delivered to the chief of police, or may be served by
regular mail by the clerk of court.
(c) The names drawn pursuant to either
subsections (a) or (b) shall be placed in a box or hat and individual names
randomly drawn out one at a time until six jurors and four alternates are
selected. Each party shall have a maximum of six peremptory challenges as to
primary jurors and four peremptory challenges as to alternate jurors and such
other challenges as to alternate jurors and such other challenges for cause as
the court may permit. If for any reason it is impossible to select sufficient
jurors and alternates from the names drawn, names shall be randomly drawn from
compartment A until sufficient jurors and alternates are selected.
(d) When
a jury is drawn and composed for a single trial, as provided in subsection (a)
above, the parties shall exercise peremptory challenges in advance of the trial
date, and only persons selected to serve and alternates shall be summoned for
the trial. (Prior code § 1-6-17)
1.24.180 Return of ballots to box--Subsequent drawings.
Upon the adjournment of the court, the clerk having the custody of the
names drawn under any method in this chapter shall take the names or numbers of
the jurors who appeared and shall return these ballots or numbers to compartment
B of the jury box, and the ballots or numbers corresponding to the names of the
jurors who were unable to appear or who were excused by the municipal judge
shall be returned to compartment A of the jury box. When all names or numbers in
compartment A have been exhausted, the names or numbers from compartment B shall
be returned to compartment A and thereafter juries shall continue to be drawn
therefrom in the manner provided herein. (Prior code § 1-6-18)
1.24.190 Testimony may be taken stenographically or mechanically by a reporter.
Any party shall have the right to have the testimony given at a jury trial
in any municipal court taken stenographically or mechanically by a reporter;
provided, that nothing herein shall operate to prevent any such party from
mechanically recording the proceedings himself. The requesting party shall pay
the charges of such reporter for taking and transcribing if such testimony is
recorded by a municipal reporter. (Prior code § 1-6-19)
1.24.200 Refusal of juror to attend--Limit on service.
Any juror duly summoned who shall neglect or refuse to appear in obedience
to such summons, and shall not, within forty-eight hours thereafter, render to
the municipal judge, a satisfactory excuse for such delinquency, may be punished
for contempt. No person shall be required to serve as a juror in the court more
than one time during any calendar month. (Prior code § 1-6-20)
1.24.210 Jury fees in criminal cases.
Jurors serving in criminal cases in the city shall be paid such sum as may
be set by council for each case in which they serve. (Prior code §
1-6-21)
1.24.220 Attendance of witnesses.
The judge, on application of any party to a cause pending before him,
shall issue a summons for the witness to appear before him at a certain time and
place, the place not being more than twenty miles from the residence of the
witness, to give evidence. The summons shall be served personally at least one
day before attendance is required. If the witness does not attend, the judge may
issue a rule commanding the witness to be brought before him. If any witness
attending shall refuse to give evidence without good cause shown, the judge may
commit him to jail for contempt, not longer than one day, as well as fine him in
an amount not exceeding ten dollars. The witness shall pay all costs as well as
the fine. (Prior code § 1-6-22)
1.24.230 Person receiving subpoena, etc., to attend municipal court.
It is unlawful for any person to fail or refuse to attend a session of the
municipal court to which he has been directed by ticket, summons or subpoena
signed by a police officer, the municipal judge or other presiding officer of
the municipal court, whether such person so ticketed, summoned or subpoenaed is
directed to appear as a witness, defendant or for questioning in behalf of the
court. It also is unlawful for any person, under signed bond to appear before
such court at a time therein stated, to fail or refuse to so appear. It is
likewise unlawful for any person to fail or refuse to attend or appear in the
municipal court when ordered or directed so to do by the municipal judge when
such order or directive has been given to such person in open court, whether
such order or directive is in writing or verbal. The municipal judge may excuse
any person so ticketed, summoned, subpoenaed, ordered, directed or bound over
from attending such court if he considers the facts to justify such act on his
part. (Prior code § 1-6-23)
1.24.240 Custody and delivery of sentenced prisoners.
Immediately upon sentence, the prisoners shall be delivered into the
custody of the chief of police, unless the court orders otherwise, to be safely
delivered by him into the custody of the keepers of the place of confinement to
which the prisoner has been sentenced. Along with the prisoner, the chief of
police shall also deliver a written commitment stating, among other things, the
prisoner’s fine and the number of days he must serve. (O-10-93 § 4
(part), 1993; prior code § 1-6-24)
1.24.250 Payment and disposition of fines--Credit for time served.
Any convicted person, upon whom a fine has been imposed, may secure his
release at the time of conviction or during service of sentence, by paying the
fine imposed. Every convicted person shall be entitled to a pro rata deduction
from his fine for any labor done or time served before payment. The fine so paid
shall be delivered to the city clerk-treasurer. Nothing contained in this
section shall prevent the discharge of any prisoner on account of illness duly
certified by the city or Greenville County physician. (Prior code §
1-6-25)
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