The Supreme Court of South Carolina

MEMORANDUM

TO:             Magistrates and Municipal Judges

FROM:       The Honorable Jean Hoefer Toal

RE:             Delays in Disposal of Magistrate and Municipal Court Cases

DATE:        October 23, 2008

I am troubled by reports of large numbers of cases languishing in magistrate and municipal courts due to mandatory continuances necessitated by Rule 601, SCACR, "Conflicts in Hearing Dates." I receive numerous complaints from litigants whose cases are repeatedly continued as a result of conflicting attorney obligations to courts of higher jurisdiction. Pursuant to the Rule, magistrates and municipal judges have no choice but to defer to the court of higher jurisdiction, which is increasing the backlog of cases in the summary courts. Often times these conflicts can be easily avoided. In an attempt to alleviate this problem, I provide the following suggestions to assist in disposing of those cases.  By copy of this letter, I am asking for the cooperation of the entire Bench and Bar in addressing this problem. 

After a magistrate or municipal court case (civil or criminal) has been continued on at least two occasions due to attorney conflicts with courts of higher jurisdiction, the trial judge should utilize the following strategies:

• Contact the administrative circuit or family court judge concerning the feasibility of releasing attorneys of record from circuit or family court appearances in order to dispose of dated summary court cases

• Attorneys of record should work within their firm or with an associate to substitute counsel in cases of repeated conflicts with courts of higher jurisdiction

• Set cases for trial on Fridays, in the late afternoon or early evening on week days, and, if necessary, on Saturdays

• Encourage pre-trial resolutions to cases.  Where possible, set pre-trial conferences to resolve preliminary matters.  Bringing both parties together could result in an alternative resolution to the case

Again, I urge the Bench and the Bar to work with our magistrates and municipal court judges in this effort. The suggestions I provide are pointless without your assistance. Please feel free to contact me or my staff if you have questions or suggestions concerning this matter.