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Jayroe v. Newberry County

Supreme Court of South Carolina

July 22, 2015

Arthur L. Jayroe, Jr., in his Capacity as Chief Magistrate of Newberry County, Plaintiff,
v.
Newberry County, South Carolina and Wayne Adams, Defendants, and The Honorable Hugh K. Leatherman, Sr., in his capacity as President Pro Tempore of the South Carolina Senate, Intervenor

Heard June 16, 2015.

Appellate Case No. 2015-000373.

QUESTION ANSWERED " NO" .

Desa A. Ballard and Harvey M. Watson, III, both of Ballard & Watson, of West Columbia, for Plaintiff.

Steve A. Matthews and Sarah P. Spruill, both of Haynsworth Sinkler Boyd, P.A. and James E. Smith, Jr., of James E. Smith, Jr., P.A., all of Columbia, for Defendants.

Kenneth M. Moffitt, Edward H. Bender and Elizabeth H. Brogdon, Counsel to the South Carolina Senate, for Intervenor, President Pro Tempore Hugh K. Leatherman, Sr.

PLEICONES, Acting Chief Justice, BEATTY, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.

OPINION

IN THE ORIGINAL JURISDICTION

PER CURIAM:

We granted plaintiff's request that we exercise our original jurisdiction to " determine whether [defendants] have the authority to abolish part-time magistrate positions in Newberry County." S.C. S.Ct. Order dated May 7, 2015. We hold defendants do not have such authority and therefore answer the question " No." We also note that no Newberry County magistrate position has been abolished.

FACTS

Plaintiff, formerly the part-time Chief Magistrate of Newberry County, brought this action in the Court's original jurisdiction to determine whether defendants Newberry County and Wayne Adams, County Administrator, have the authority to abolish part-time magistrate positions in Newberry County. In addition, the Court permitted the Senate President Pro Tempore to intervene in this action. Defendants and the Intervenor agree with plaintiff that defendants do

Page 383

not have such authority, contending that all of defendants' actions have been done in compliance with the South Carolina ...


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