§ 22-2-40 — Number and location of magistrates in county; ministerial magistrates.

(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area. (B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities: (1) to issue criminal warrants; (2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds; (3) to order the release of prisoners when proper and adequate bonds have been duly posted; and (4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction. Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate. (C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) as provided in Section 22-1-30(B), or by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office.

Legislative History

HISTORY: 1979 Act No. 164, Part III, SECTION 5; 2000 Act No. 226, SECTION 11; 2011 Act No. 70, SECTION 4, eff June 28, 2011. Effect of Amendment The 2011 amendment, in subsection (C), inserted "as provided in Section 22-1-30(B), or".