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)
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)
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)
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)
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:
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;
Issue arrest and search warrants, summons and subpoenas in all cases arising under municipal and state law and occurring within the city;
Fix court dates for municipal court cases with minimal delay as circumstances allow;
Conduct waiver of extradition hearings;
Maintain accurate files and records of all proceedings and documents;
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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.
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.
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.
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)
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)
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)
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)
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)
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)
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)
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)
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)