2017 Town of Quinby

Municipal Court

 

Article I-General

 

Sec. 9.101 Establishment

Sec. 9.102 Jurisdiction

Sec. 9.103 Municipal Judge; Appointment, Term, Salary

Sec. 9.104 Vacancy in Office, or Temporary Absence

Sec. 9.105 Sessions

Sec. 9.106 Penalties

Sec. 9.107 Disposition of fines and penalties

Sec. 9.108 Clerk of Court

Sec. 9.109 Town Ordinance Forms

Article II- Juries

 

Sec. 9.201 Right to Request Jury Trial

Sec. 9.202 Recording of Testimony

Sec. 9.203 Jury Commissioners

Sec. 9.204 Jury List

Sec. 9.205 Drawing Jury List

Sec. 9.206 Jurors Names or Number to be Returned to the Jury Box

Sec. 9.207 Juror may be punished For Contempt

 

Article III-Appeals

 

Sec. 9.301 Appeals from Sentence or Judgment of Municipal Court

Sec. 9.302 Judge Shall Make Return to Court of General Sessions

 

Article I

General

 

Sec. 9.101 Establishment

 

Pursuant to the Code of Laws of South Carolina, the Quinby Town Council does hereby establish a municipal court for the trial and determination of all cases within its jurisdiction, and such court shall be part of the unified judicial system of the State of South Carolina.

 

Sec. 9.102 Jurisdiction

 

The Municipal Court shall have jurisdiction to try all cases arising under the ordinances of the municipality. The Court shall also have all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The Court shall have the power to punish for contempt of court by imposition of sentences up to limits imposed on municipal courts. The Court shall have no jurisdiction in civil matters.

 

Sec. 9.103 Municipal Judge; Appointment, Term, Salary.

 

The Municipal Court shall be presided over by a Municipal Judge who shall be appointed by the Quinby Town Council. The Municipal Judges term shall expire at the pleasure of the Council. No Municipal Judge of the Town of Quinby, who is admitted to practice in the courts of South Carolina, shall practice law in the Quinby Town Court. Before entering upon the discharge of the duties of his office, the Municipal Judge shall take and subscribe to the Oath of Office as prescribed by law. The compensation of the Municipal Judge shall be fixed by Council.

 

Sec. 9.104 Vacancy in Office, or Temporary Absence

 

In case of a vacancy in the office of Municipal Judge, a successor shall be appointed by the Town Council. In case of temporary absence, sickness or disability of the Municipal Judge, the court shall be held by a judge of another municipality or some other person qualified to do such proceedings. This person shall be appointed by the Town Council and shall take the prescribed

oath of office before entering upon his duties. The compensation of the acting Municipal Judge will be set by the Town Council.

 

Sec. 9.105 Sessions

 

The Municipal Judge shall convene as many sessions of court as necessary in order for trials and hearings to be held in a speedy and reasonable manner.

 

Sec. 9.106 Penalties

 

Whenever the Municipal Judge finds a party guilty of violating a municipal ordinance or a state law in case presented before him, he may impose a fine or imprisonment, or both, not to exceed five hundred dollars and/or thirty days if the same be allowed by the laws of the state of South Carolina.

 

The Municipal Judge may suspend all or part of sentences imposed by him upon such terms and conditions as he deems proper including, without limitation, restitution or public service employment if the same be allowed by the laws of the state of South Carolina.

 

 

Sec. 9.107 Disposition of fines and penalties

 

All fines and penalties collected by the municipal court shall be turned over by the Clerk of Court to the Treasurer of the town.

 

Sec. 9.108 Clerk of Court

 

The person appointed to function as the Clerk of Court shall be determined by the Mayor upon approval of the Town Council. The Clerk of Court shall keep such records and make such reports as may be determined by the South Carolina Court Administration.

 

 

Sec. 9.109 Town Ordinance Forms

 

The form to be used to summon a person to the Municipal Court for a violation of a city ordinance shall be in such form as prescribed by South Carolina Code of Law §56-7-80 (1992).

This form shall be used by a municipal law enforcement officer for any municipal ordinance violation except; when a custodial arrest is required or a violation of a municipal ordinance which regulates the use of a motor vehicle on public roads, in such case the South Carolina Uniform Traffic Summons will be used.

 

 

 

 

 

 

Article II

Juries

 

Sec. 9.201 Right to Request Jury Trial

 

Any person to be tried in Municipal Court may, prior to trial, request a jury trial, and such jury when requested, shall be composed of six persons from the qualified electors of the municipality in the manner prescribed herein. The right to a jury trial shall be deemed to have been waived unless request is made prior to trial.

 

Sec. 9.202 Recording of Testimony

 

All testimony given at a jury trial shall be recorded by a court reporter through the use of mechanical or electronic means. If a party requests a transcript of the proceedings, that party shall pay the charges of such reporter for taking and transcribing such testimony. Records and/or recordings of jury trial will be kept for a minimum of ninety days, after the trial, before they are destroyed.

 

Sec. 9.203 Jury Commissioners

 

The Quinby Town Council shall serve as Jury Commissioners for the Municipal Court and shall, within thirty days of each year, prepare a box to be known as a jury box. Such box shall contain two compartments, designated as AA@ and AB@, respectively. The jury box shall be locked and kept in a safe place.

 

Sec. 9.204 Jury List

 

The jury list of the municipality shall be composed of all names on the official list of qualified electors of the municipality furnished to the municipality by the State Election Commission each year, or copied from the official voter registration list of the municipality. Compartment AA@ of the jury box shall contain a separate ballot or number for each name on the list.

 

Sec. 9.205 Drawing Jury List

 

A person appointed by the Municipal Judge who is not connected with the trial of the case for either party shall draw out of compartment AA@ of the jury box, thirty names and the list of names so drawn shall be delivered to each party or the attorney for each party.

 

The names drawn shall be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such other challenges for cause as the court permit. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall be randomly drawn from compartment AA@ of the jury box until sufficient jurors and alternates are selected.

Where a jury is drawn and composed for a single trial, as provided in this section, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.

 

Sec. 9.206 Jurors Names or Number to be Returned to the Jury Box

 

Upon the adjournment of the court, the clerk of the court shall take the names or numbers of the jurors who appeared and shall return these ballots or numbers to compartment AB@ of the jury box, and the ballots or numbers corresponding to the names of the jurors who were unable to appear or who were excused by the municipal judge shall be returned to compartment AA@ of the jury box.

 

When all names or numbers in compartment AA@ of the jury box have been exhausted ,the names or numbers from compartment AB@ shall be returned to compartment AA@ and thereafter juries shall continue to be drawn there from in the manner provided herein.

 

Sec. 9.207 Juror may be punished for Contempt

 

Any juror, who being duly summoned, shall neglect or refuse to appear in obedience to any summons issued by any municipal court, shall within twenty four hours render to the Municipal Judge a sufficient reason for his delinquency. Failure to do so may result in the juror be punished for contempt.

 

 

Article III

Appeals

 

Sec. 9.301 Appeals from Sentence or Judgment of Municipal Court

 

Any party shall have the right to appeal from the sentence or judgment of the Municipal Court to the Court of General Sessions of Florence County. Notice of intention to appeal, setting forth the grounds for appeal, shall be given in writing and served on the Municipal Judge or the Clerk of the Municipal Court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such appeal at the next term of the Court of General Sessions or shall pay the fine assessed.

 

Sec. 9.302 Judge Shall Make Return to Court of General Sessions

 

In the event of an appeal, the Municipal Judge shall make a return to the Court of General Sessions, and the appeal shall be heard by the presiding judge upon such return. The return of the Municipal Judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided by law, the return shall include the reporters transcript of the testimony. The return shall be filed with the Clerk of Court of General Sessions of Florence County and the cause shall be docketed for trial in the same manner as is now provided for appeals from Magistrates Courts. There shall be no trial de novo on any appeal from a municipal court.