Chief Justice says infraction courts are repugnant
Chief Justice says infraction courts are repugnant
The Chief Justice of the South Carolina Supreme Court says what some counties and municipalities are attempting to create are in violation of the state Constitution.
Chief Justice Jean Toal sent a memo to County and City administrators, attorneys, council chairs, magistrates and municipal judges saying she’d received information that some counties and municipalities in the state are attempting to create another tier of courts, called “administrative hearing courts.”
The city of Myrtle Beach and the town of Surfside Beach are in the process of setting up an administrative hearing process to deal with infractions like not wearing a helmet and smoking in public places.
Toal’s memo references smoking infractions, but does not reference any other specific violation.
Myrtle Beach spokesman Mark Kruea said he was made aware of the memo Wednesday by a newspaper reporter, but the clerk of court did receive the memo from Justice Toal Tuesday at 4:25 p.m.
Kruea said the memo does raise some questions that need to be answered and the city’s attorney will look at it and Kruea said council members were made aware of the memo and it will likely be discussed at the budget retreat in Pinopolis that stars Wednesday evening.
Surfside Beach mayor Allen Deaton said the memo is just an opinion, not a ruling and until there is a ruling Surfside Beach will continue looking for a person to fill the position of an administrative hearing officer.
