Who was responsible for providing office space for a South Carolina county magistrate in 1999?

Plain-English summary

In a May 1999 informal opinion, the South Carolina Attorney General's office addressed a Chesterfield County magistrate's report that the county would neither pay rent for his office nor provide facilities. The office pointed to the statutory direction that each county provide sufficient facilities and personnel for its magistrate courts. It understood the responsibility for magistrate offices to belong to the county rather than the state.

The writer said he had found no South Carolina Supreme Court interpretation explaining how the county must carry out that duty. He suggested that the magistrate contact the county attorney for help obtaining office space. The letter did not specify a particular office, rent amount, or enforcement remedy.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the county or the state have to supply the magistrate's office? A: The office read the cited statute as making magistrate office facilities a county responsibility, not a state responsibility.

Q: Did the opinion require the county to pay rent for a particular office? A: No. The letter stated the county's general duty to provide sufficient facilities, but said the writer could not find a Supreme Court ruling on the manner of performance. It did not decide a particular rent arrangement.

Q: What did the AG's office suggest to the magistrate? A: The writer suggested contacting the county attorney for assistance in obtaining the necessary office space.

Background and statutory framework

The magistrate reported that Chesterfield County had declined both rent and other facilities. The letter quoted S.C. Code Ann. § 22-8-30 (A): “(e)ach county shall provide sufficient facilities and personnel for the necessary and proper operation of the magistrates' courts in that county.” It also referred to an October 12, 1990 office opinion assigning responsibility for magistrate offices to counties. This was an informal opinion by the signing assistant attorney general, not one personally reviewed or officially published by the Attorney General.

Citations and references

• Statute: S.C. Code Ann. § 22-8-30 (A), quoted in the opinion.
• Prior AG opinion: October 12, 1990, described in the letter as assigning magistrate office responsibility to the county.

Official title

Referencing that the county has advised you that it would not provide rent for your office space, nor would facilities be otherwise provided.

Requester

The Honorable Charles H. Pate, Magistrate, Chesterfield County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-19-1999-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/99may19pate.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

May 19, 1999
The Honorable Charles H. Pate
Magistrate, Alligator Township
Chesterfield County
Route 1, Box 650
McBee, South Carolina 29101

I Dear Magistrate Pate:

In a letter to this Office . you referenced that the county has advised you that it would not provide rent for your office space nor would facilities be otherwise provided. As you referenced, S.C. Code Ann. § 22-8-30 (A) states that "(e)ach county shall provide sufficient facilities and personnel for the necessary and proper operation of the magistrates' courts in that county." A prior opinion of this Off ice dated October 12, 1990 indicated that by such provision, the responsibility for magistrate offices is a county rather than a State responsibility. I have researched such provision but ha.ve been unable to find where such provision has been interpreted by the Supreme Court as to the manner in which the county is to carry out its responsibilities ·. I can only suggest that inasmuch as it is the responsibility of a county to provide you office space, you should contact the county attorney to obtain

his assistance in providing you the necessary office space. This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I am,

C}:;;;~~

Charles H. Richardson
Senior Assistant Attorney General

CHR:kws

REQUEST LETTER
REMBERT

c. DENNIS BU!LOING • POST OFFTCI! Box 11549 • COLUMBIA. s.c. 29211-1549 • T!iLEPHONfl ' A.n1.7'U.."IO'Tn •

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