Who could set a South Carolina magistrate court’s office hours under the 2006 chief judge order?

Plain-English summary

In 2006, the South Carolina Attorney General said the Chief Judge for Administrative Purposes of the Summary Courts had authority to set magistrate court office hours. The opinion quoted a June 11, 2006 order by Chief Justice Toal assigning chief judges power to designate both each court office's operating hours and the hours a magistrate would be present, taking account of hours fixed by the county governing body.

The request described a McCormick County court that changed its hours from 9:00–5:00 to 8:00–4:00. The Attorney General did not decide whether that change was authorized. It said the schedule had to be compared with the chief magistrate's designation.

Currency note

This opinion was issued in 2006. 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: Who had authority to designate magistrate court office hours in the opinion?
A: The Chief Judge for Administrative Purposes, under the order the Attorney General quoted.

Q: Did the Attorney General approve the McCormick County hours change?
A: It did not decide that factual question. It said the new hours had to be measured against the chief magistrate's designated hours.

Background and statutory framework

The opinion answered a narrow administrative question by quoting the chief justice's order. It did not analyze a statute or decide whether the local schedule was consistent with the order.

Citations and references

The linked opinion quotes the June 11, 2006 chief justice order's provision on magistrate office hours.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-6-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06sept6-Callison.pdf

Original opinion text

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HENRY McMASTER
ArroRNEY GENERAL

September 6, 2006

G. P. Callison, Jr., Esquire
McCormick County Attorney
Post Office Box 3208
Greenwood, South Carolina 29648-3208
Dear Mr. Callison:
In a letter to this office you questioned whether a McCormick County magistrate has the authority to set office hours for the magistrate's court. You indicated that formerly the office hours were from 9:00 to 5:00 but have been changed to 8:00 to 4:00.

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Chief Justice Toal in an order dated June 11 , 2006 designated the various Chief Judges or Associate Chief Judges for Administrative Purposes of the Summary Courts in the various counties of this State. Pursuant to the order, A Chief Judges' authority shall include, but not be limited to, the following:
... 10. Designate the hours ofoperation ofeach magistrate' s court office in the county, and designate the hours during which each magistrate shall be present in the office, based upon the number of hours fixed for each magistrate by the county governing body. Therefore, by such Order, a Chief Judge has the authority to set office hours for magistrate' s court. As a result, a determination would have to be made as to whether the hours for the McConnick County magistrate referenced in your letter are consistent with the hours designated by the Chief Magistrate.

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• Po5' OFAC!i Bo• 11549 • COLUMBL..SC 29211 - 1549 • TumnN>' R03-734-1970 • "'"-""" ' R01-1<1-6?'1

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Mr. Callison
Page 2
September 6, 2006

With kind regards, I am,
Sincerely,

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Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General