The Supreme Court of South Carolina

O R D E R

The judges of the Magistrate and Municipal Courts of South Carolina being a part of the uniform statewide judicial system, and pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution; and,

IT APPEARING that there is a lack of uniformity in the manner in which defendants may exercise their rights to trial by jury for criminal or traffic charges triable in magistrate or municipal courts; NOW THEREFORE,

IT IS ORDERED that a person charged with a criminal or traffic offense triable in a magistrate or municipal court may make written demand for jury trial prior to the time and date set for bench trial, and the case shall forthwith be continued until the next available time reserved for jury trials, thereby relieving defendant of the responsibility for appearance at the originally scheduled bench trial. Such demand may be made by the defendant or his attorney and must be received by the trial court prior to the time and date set for bench trial. Further notice of jury selection and trial date may be served upon the defendant or his attorney by regular mail. The provisions of this Administrative Order shall not relieve the defendant of any obligations imposed as conditions of bond, nor shall it prohibit the Court from trying a defendant in his absence pursuant to the Rules of Practice for the Circuit Courts of South Carolina.

April 17, 1985
Spartanburg, South Carolina