Clarendon County is down to three magistrates as a state budget change threatens health insurance coverage for part-time judges and raises concerns about the county’s ability to continue holding bond hearings twice a day.
County Administrator Walt Ackerman said Thursday he had been told Clarendon is now operating with one full-time and two part-time magistrates. The county previously had one full-time and eight quarter-time magistrates, which together filled the equivalent of three full-time magistrate positions.
“Could be more to come,” Ackerman said of possible departures.
At the center of the issue is Proviso 108.1, a provision that had allowed magistrates in counties participating in the State Health and Dental Insurance Plan to receive coverage even if they did not work enough hours to otherwise qualify. The provision was included in the House version of South Carolina’s 2026-27 state budget, which also proposed expanding eligibility to municipal court judges.
However, Proviso 108.1 was removed during the Senate’s consideration of the budget. On April 22, Sen. Shane Martin raised a point of order under Senate rules arguing that the proviso was not germane to the appropriations bill. The Senate president sustained Martin’s point of order, and Proviso 108.1 was ruled out of order. The Senate did not take a separate roll-call vote on whether to eliminate the magistrates’ insurance eligibility.
The final budget ultimately became law without the provision. Without that exception, part-time magistrates who do not meet the normal eligibility requirements are set to lose their State Health Plan coverage Oct. 1.
For Clarendon County, Ackerman said the most immediate concern is keeping bond court operating.
“Bond court is most critical,” Ackerman said. “All other functions can be pushed out in time, but bonding must be done twice daily.”
Clarendon’s remaining judges are in contact with Court Administration seeking assistance, potentially from magistrates in other counties, but Ackerman said Thursday there was no word yet on a solution.
The loss of insurance is particularly significant because Clarendon’s part-time magistrates earn relatively small salaries. County payroll information provided to The Manning Times shows the seven part-time magistrates listed were paid between $9,740 and $12,987 annually, while the county’s full-time magistrate was paid $51,948.
The health insurance benefit added substantial value to the part-time positions despite the limited salaries. The county has since worked on a temporary solution for the affected magistrates’ health coverage, but Ackerman said it has not been enough so far to secure commitments from those considering leaving.
Ackerman said officials found a way to maintain their health care at the current rate through COBRA, which allows certain employees and their families to temporarily continue group health coverage after otherwise losing eligibility. The solution, however, would last only as long as COBRA coverage remains available.
“They didn’t like that part, so they will not commit to returning as of my last conversation with them this morning,” Ackerman said Thursday.
A shortage of magistrates could have consequences beyond the courtroom. Bond court allows people who are eligible for bail to be released from the Clarendon County Detention Center while awaiting resolution of their cases. Without enough magistrates to conduct those hearings, Ackerman said the jail population could increase quickly.
“There is only so much room in our jail,” Ackerman said. “Think of like an elevator. If people are always going in, but no one comes out, it fills up very quickly until there is no more room.”
Ackerman said the detention center normally has a population of around 50, which he estimated is about half its capacity. If bond hearings could not be held, he said it could take only a few days for the facility to reach its maximum population. His larger concern is the county’s potential liability if defendants remain incarcerated because bond hearings cannot be conducted.
“Having people sit in jail, which violates law, opens the County up to a tremendous liability,” Ackerman said. “We could be sued for something we have no control over.”
The Manning Times has requested additional information from Sen. Jeff Zell about the removal of Proviso 108.1, Clarendon County’s magistrate vacancies and whether the insurance provision could be restored. The newspaper has also contacted the South Carolina Judicial Branch for clarification on training and certification requirements for newly appointed magistrates, including when a new magistrate may begin conducting bond hearings and what options are available to maintain bond court coverage while replacements are trained.
This story will be updated as additional information becomes available.
