Who could approve a South Carolina bond set by a circuit judge after a defendant violated an earlier bond?

Plain-English summary

A Union County clerk asked who should handle the surety and paperwork when a circuit judge set a second bond after a defendant violated the first. The September 2001 letter said that if the circuit court amended the bond, the clerk of that court should approve the surety and finalize it. The assistant AG thought it appropriate for the court setting a bond that required sufficient surety to approve that surety through its clerk.

The letter separately answered who could change the bond. Before grand-jury indictment, either the magistrate or the circuit judge could amend it. After indictment, only a circuit judge had jurisdiction to alter or amend the defendant’s bond. The opinion described itself as informal and addressed the clerk’s specific questions.

Currency note

This opinion was issued in 2001. 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.

Historical summary

Circuit court clerks

For a bond amended by the circuit court, the opinion assigned approval of the surety and finalization of the bond to that court’s clerk. It did not say a magistrate could finalize a circuit-court bond after indictment.

Magistrates and circuit judges

The opinion distinguished the period before indictment, when either court could amend the bond, from the period after indictment, when only a circuit judge could do so.

Common questions

Could a magistrate change the bond before indictment?
A: The AG said the bonding magistrate retained authority to amend the bond until the grand jury indicted the defendant; a circuit judge could amend it too.

Who should approve the surety if the circuit court changes the bond? A: The opinion said the clerk of that court should approve the surety and finalize the bond.

Could a magistrate change the bond after indictment?
A: No. The opinion said only the circuit judge then had jurisdiction to alter or amend it.

Background and statutory framework

The letter quoted § 17-15-50 on amending release conditions after notice and hearing and Section 17-15-10 on an appearance bond with court-approved sureties. It cited earlier AG opinions for the indictment boundary and State v. Keenan for a circuit judge’s authority to amend a magistrate-set bond.

Citations and references

• § 17-15-50: amendment of a bond order.
• Section 17-15-10: court approval of sufficient sureties.
• State v. Keenan: cited in the letter on circuit-court authority to amend a bond.

Official title

“concerning bonds that have been set by a circuit court judge.” Specifically, whether approving sureties and finalizing bonds.

Requester

The Honorable June Miller, Clerk of Court, Union County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-17-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01sept-17-miller.pdf

Original opinion text

7121

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

September 17, 2001

The Honorable June Miller
Clerk of Court, Union County
P.O. Box 200
Union, South Carolina 29379

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Re: Approving Sureties and Finalizing Bonds
Dear Ms. Miller:
In a letter to this Office, you indicate that you "need an opinion concerning bonds that have been set by a circuit court judge." Specifically, you present the following: If a defendant was out on bond (personal recognizance, etc.) and violated this bond and the second one was set by the circuit court judge. Does the Clerk of Court have to approve the surety and finalize this bond or can the magistrate handle all of it.

You also indicate that you "need to know if the second one must be set by the judge."

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By way of background you state that you "have always been told that a bond set by the circuit judge must be handled by the Clerk of Court, but our Magistrate says it doesn't matter." Pursuant to S.C. Code Ann.§ 17-15-50, "[t]he court may, at anytime after notice and hearing, amend the [bond] order to impose additional or different conditions of release." The court, at the time of the amendment, would have the authority to impose the same conditions of release as provided for in Section 17-15-10, including " [r]equir[ing] the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court ..." While not mentioned specifically, it is probably appropriate for the same court which sets a bond requiring "good and sufficient surety" to "approve" the surety or sureties as required by Section 17-15-10. Accordingly, if the circuit court amends the conditions of a defendant's bond, it is my opinion that the clerk of that court should approve and finalize the bond. Of course, once the defendant is indicted, "a magistrate has no jurisdiction to act in a general sessions case." See OP. ATTY. GEN. (Dated August 28, 1970). Accordingly, after indictment, it is likely that a magistrate's court would lack the jurisdiction to approve a bond set by a circuit court judge .

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Posr OFFICE Box 11 549

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COLUMBIA,

s.c. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable June Miller
Page2
September 17, 2001

As for your second question, this Office has previously opined that " ... with respect to a case beyond the jurisdiction of the magistrate to try, the bonding magistrate retains jurisdiction to alter or amend its order setting bond or enforce the conditions thereof up until the time of indictment by the grand jury." See OP. ATTY. GEN. (Dated July 5, 1995). Further, this Office has also opined that, pursuant to State v. Keenan, 278 S.C. 361, 296 S.E.2d 676 (1982), and Article V, Section 11 of South Carolina's Constitution, a circuit court judge would be authorized to amend a bond set by a magistrate. See OP. ATTY. GEN. (Dated March 17, 1986). Accordingly, prior to indictment, the bond may be amended by either the magistrate or the circuit court judge. Again, after indictment, only a circuit court judge possesses jurisdiction to alter or amend a defendant's bond.

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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 scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

David K. Avant
Assistant Attorney General
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