Wednesday, November 27, 2019

Do you want to be a judge?

Move to South Carolina and become friendly with a politician. You don't have to be a lawyer or even have a law degree to preside at a magistrate court. Magistrates include construction workers, insurance agents, pharmacists — even an underwear distributor. You will have to take a training course, but the course is shorter than those for barbers, masseuses and nail salon technicians. You'll rule on cases involving petty thefts, drunken driving, domestic violence, assaults and disorderly conduct. You'll issue arrest warrants, set bail, preside over trials and conduct preliminary hearings to assess if there is sufficient probable cause to support felony charges such as murder, rape and robbery.

Here's what ProPublica discovered about these courts: 

Nearly three-quarters of the state’s magistrates lack a legal degree and couldn’t represent someone in a court of law. 

A loophole in state law has allowed a quarter of South Carolina’s magistrates to remain on the bench after their terms expired, letting them escape the scrutiny of a reappointment process. One controversial magistrate continues to hold court two decades after her four-year term ended. 

In 12 of the state’s 46 counties, magistrate appointments are decided by a single senator who can stock the courts with hand-picked candidates. 

More than a dozen sitting magistrates have been disciplined for misconduct by the state’s judicial watchdog, but they aren’t required to disclose their offenses when seeking a new term. Even the governor, who is supposed to act as a check on nominees, is kept in the dark before signing off on their reappointments.

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