Age

• An age limit exists for the position of magistrate in South Carolina. Prior to accepting an appointment for the office of magistrate, the candidate must be between the ages of 21 and 72. The mandatory retirement age of a magistrate is 72 and occurs on the last day of the fiscal year in which he becomes 72, per S.C. Code Ann. § 22-1-25. In situations where the magistrate does not retire, an order by the Supreme Court can issue an order for removal.
  
  

Residency

• To receive an appointment to become a magistrate, the candidate must possess U.S. citizenship. Residency within the state of South Carolina for a minimum of five years is an additional requirement, along with being a qualified elector in the county for which he wants to serve as magistrate.
  
  

Minimum Educational Requirement

• The educational requirements of appointment vary. For magistrate appointments prior to July 1, 2001, a high school diploma or its equivalent was a requirement. However, between July 1, 2001, and July 1, 2005, a two-year associate degree became the educational requirement. After July 1, 2005, a four-year bachelors' degree is required.
  
  

Eligibility Examination

• Prior to receiving an appointment to become a magistrate, all candidates must take and pass the eligibility examination. This purpose of the eligibility exam is to test the basic skills of the candidate in relation to the ones a magistrate might require during his appointment. Scheduling of the test occurs approximately three times per year. Test results remain valid for six months before and six months after the time the appointment is to be made.
  
  

Training Program and Certification

• Part of the qualifications to become a magistrate in South Carolina include a training program and certification after an appointment. A non-attorney magistrate must observe 10 trials prior to presiding over one in his courtroom. According to S.C. Code Ann. § 22-1-16 (B), "The required trial experiences must include the following: (1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside; (2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside; (3) one criminal jury trial in circuit court; and (4) one civil jury trial in circuit court." Upon completion of this observation, the magistrate will receive his certification and can conduct trials in his courtroom.