bill introduced Tuesday by state Sen. Lee Bright would prevent senators who practice law from appearing in front of the magistrates they recommend for appointment.
bill sponsored by Rep. Mike Anthony would give House members a role in appointing magistrates.Bright's bill also would extend to attorneys in the same firm as a senator who recommends magistrates for appointment. Anyone who violated the law would be reported to the state Supreme Court's Office of Disciplinary Counsel for "appropriate disciplinary action."Sens. Shane Martin and Glenn Reese of Spartanburg are among the bill's 11 co-sponsors.Bright said his intent is to make sure everyone feels as if they are treated fairly when they are involved with the judicial system."A lot of people feel when a magistrate is supervised by an attorney appearing before him, it's not a level playing field," said Bright, R-Roebuck.
Sen. John Land, an attorney and the Senate minority leader, said he appears in magistrate court about five times a year, and that he needs to maintain the right to practice there to be able to provide full service to his clients. Land said the bill, if approved, would be "devastating" for other members of his firm.
"I don't see a conflict of interest," said Land, D-Manning. "I've never seen any favoritism. Cases are decided on their merits."Under Anthony's bill, representatives would join senators in being able to recommend magistrate court appointees. Anthony is Union County's only resident legislator, and said he should have a voice in appointing magistrates."I'm just requesting to share the responsibility," Anthony said. "The senators on the (Union County) delegation don't even have to consult me."Anthony said weighted voting - based on the number of people each lawmaker represents - would be used to recommend magistrates. The House and Senate members from each delegation would each total 50 percent.Anthony also sits on the Spartanburg County Legislative Delegation and said the inspiration for the bill came from the current "fiasco" surrounding its 13 members.
The delegation is divided over whether a simple majority or a weighted majority is needed to elect a chairman."We're playing with the fate of Spartanburg County over a procedural thing," Anthony said of the dispute, which has lingered since November. "It's beyond silly now."
Bright said he would look at Anthony's bill, but that he doesn't anticipate supporting it."I'm in favor of the governor making the appointments with the advice and consent of the Senate," he said.
bill sponsored by Rep. Mike Anthony would give House members a role in appointing magistrates.Bright's bill also would extend to attorneys in the same firm as a senator who recommends magistrates for appointment. Anyone who violated the law would be reported to the state Supreme Court's Office of Disciplinary Counsel for "appropriate disciplinary action."Sens. Shane Martin and Glenn Reese of Spartanburg are among the bill's 11 co-sponsors.Bright said his intent is to make sure everyone feels as if they are treated fairly when they are involved with the judicial system."A lot of people feel when a magistrate is supervised by an attorney appearing before him, it's not a level playing field," said Bright, R-Roebuck.
Sen. John Land, an attorney and the Senate minority leader, said he appears in magistrate court about five times a year, and that he needs to maintain the right to practice there to be able to provide full service to his clients. Land said the bill, if approved, would be "devastating" for other members of his firm.
"I don't see a conflict of interest," said Land, D-Manning. "I've never seen any favoritism. Cases are decided on their merits."Under Anthony's bill, representatives would join senators in being able to recommend magistrate court appointees. Anthony is Union County's only resident legislator, and said he should have a voice in appointing magistrates."I'm just requesting to share the responsibility," Anthony said. "The senators on the (Union County) delegation don't even have to consult me."Anthony said weighted voting - based on the number of people each lawmaker represents - would be used to recommend magistrates. The House and Senate members from each delegation would each total 50 percent.Anthony also sits on the Spartanburg County Legislative Delegation and said the inspiration for the bill came from the current "fiasco" surrounding its 13 members.
The delegation is divided over whether a simple majority or a weighted majority is needed to elect a chairman."We're playing with the fate of Spartanburg County over a procedural thing," Anthony said of the dispute, which has lingered since November. "It's beyond silly now."
Bright said he would look at Anthony's bill, but that he doesn't anticipate supporting it."I'm in favor of the governor making the appointments with the advice and consent of the Senate," he said.
