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There are sixteen Magistrates' Courts in Charleston County inclusive of Small Claims Court, and the Centralized Preliminary and Bond Hearing Courts. Magistrates serve four-year terms and are appointed by the Charleston County Senate Delegation. Administrative support to the Magistrates' Courts is provided by Summary Court Administration.
Magistrates Courts have jurisdiction over traffic violations and most criminal misdemeanor cases (cases with punishments of a fine not exceeding $500 plus assessments or imprisonment not exceeding 30 days or both). The most common types of criminal matters heard by Magistrates include criminal domestic violence, prostitution, assault and battery, violation of check laws, harassment, stalking, receiving of stolen goods and obtaining goods under false pretenses. In addition, Magistrates preside over Bond Hearing Court and Preliminary Hearing Court in Charleston County. The Centralized Bond Hearing Court was established in 1985 to simplify the bond hearing process. To further increase efficiency, preliminary hearings were centralized to a single court, rather than continue being held at 15 different Magistrates Court locations.
Magistrates Courts handle such types of civil matters as Evictions, Landlord/Tenant Disputes, Predistress Warrants, Civil Trespass, Claim and Delivery and Public Sales of abandoned property. Two Small Claims Courts have countywide jurisdiction over all other Civil matters involving disputed amounts of less than $7,500. The first Small Claims Court was established in Charleston County in 1982 for the purpose of improving litigation in civil cases. A second Small Claims Court was added in 1992 in the North area. Magistrates may also issue bench warrants, restraining orders and temporary restraining orders.
The Summary Courts Department was established in 1977 to provide administrative support to magistrates in Charleston County. Since 1991 this department has received achievement awards from the national Association of Counties for its Magistrate Court Automation Program and for the Magistrates' Oversight Committee. State law requires each Magistrates Court to keep a docket for criminal and civil cases, and to report all fees collected and fines imposed. These are a few of the duties performed for the Magistrates by Summary Court Administration.