Justices of the peace are judges who handle both civil and criminal cases, including small claims court, justice court, and administrative hearings. In practical terms, these are lawsuits over debts, evictions, car accidents, unlawful towing, and property.
Their criminal workload involves disposing of all class C criminal misdemeanor complaints, such as traffic citations, issuance of bad check, and others. These cases involve payment, setting contested cases for trial, and pretrial hearings with the county prosecutor.
Other duties include presiding over peace bond hearings, reviewing applications for mental health or chemically dependent commitments, conducting compulsory school attendance trials, and giving warnings to juveniles required by law. They issue warrants for and conduct hearings concerning seizure and disposition of cruelly treated animals. Most justices of the peace perform marriage ceremonies as well.
In South Carolina, justices of the peace are not a part of the modern judicial system. Instead, the state has a system of magistrates who perform some of the functions that might traditionally be associated with justices of the peace. South Carolina magistrates have jurisdiction over civil cases when the amount in controversy does not exceed $7,500 and they handle small claims matters. They also preside over criminal cases involving misdemeanors that carry a fine of not more than $500 or imprisonment for 30 days, or both. This includes traffic violations and minor criminal offenses. Magistrates also conduct bond hearings and preliminary hearings. In terms of administrative duties, magistrates may issue warrants, summonses, and restraining orders. They are authorized to perform marriage ceremonies as well. The duties related to mental health commitments, compulsory school attendance, and juvenile warnings are typically handled by other specialized courts or agencies within the state. For instance, Family Courts often deal with juvenile matters, and Probate Courts handle mental health commitments. It's important to note that the specific procedures and jurisdictional limits can vary by county, and local rules may also apply.