Edgefield County magistrate suspended for bond hearing delays
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Jul. 12—An Edgefield County magistrate has been suspended for 90 days for failing to conduct bond hearings in a timely manner.
Donald Beatty, chief justice of the South Carolina Supreme Court, issued an order Monday suspending magistrate James A. McLaurin Jr.
South Carolina Code requires that a person charged with a bailable offense — crimes that don't carry life in prison or death as a punishment — receive a bail hearing within 24 hours of their arrest.
Beatty says in the order that he issued a warning to McLaurin in September 2021 for delays in bond hearings.
"Magistrate McLaurin has previously been directed that such neglect of duty is an unacceptable affront to the fair administration of justice and the courts," Beatty continues. "Subsequent to Judge McLaurin's last warning in September of 2021, I issued an order on Nov. 8, 2021, requiring full-time and part-time magistrates perform their judicial duties in conformance with their compensation and assignments."
Beatty says McLaurin developed a plan of improvement after the warning.
When more allegations of the same nature arose, Beatty says he met with McLaurin, and McLaurin provided information about the plan of improvement developed after the warning.
"This plan has not been effective," Beatty wrote. "Having failed to provide an adequate response, and due to the repetitive nature of the misconduct, I find it necessary and in the best interest of the public to take immediate action. It is ordered that Edgefield County Magistrate McLaurin is suspended from his magisterial duties for a definite period of 90 days, without compensation from Edgefield County, and such suspension shall begin immediately."
Beatty adds that given the significance of the matter, the order will be distributed to all magistrates. He says that magistrates are directed to carefully evaluate their own procedures and physically present during their working hours.
He adds that chief judges for administrative purposes are reminded to monitor magistrates to ensure compliance with state law and orders of the chief justice regarding bond procedures.
