No probable cause hearings for magistrate-level offenses
In State v. Ramsey, decided last week, the S.C. Supreme Court held that magistrates cannot conduct probable cause hearings for magistrate-level offenses. I have to disagree with the Court's reasoning on this one.
Essentially, the Court says that 1) the magistrate has no jurisdiction to hold a preliminary hearing (a hearing to determine whether or not there is enough probable cause for a case to go forward). Magistrates are required to hold preliminary hearings in those cases that are beyond their jurisdiction - those cases that carry a potential sentence of more than 30 days, but there is no authority for magistrates to hold preliminary hearings in those cases that they do have jurisdiction over - those cases that carry a potential sentence of 30 days or less.
2) Probable cause hearings in magistrate-level cases would take up too much time; to allow defendants to have probable cause hearings in magistrate-level cases "would undermine the summary nature of magistrate proceedings and unduly expand magistrate dockets."
The Court is correct that there is no statutory right to a preliminary hearing in the magistrate court, but it does not follow that the magistrate can not conduct a probable cause hearing if they see a need for it. If the magistrate only allows for a probable cause hearing in those cases where there is some question as to whether there is any evidence to go forward on, it will not expand the magistrate dockets - it seems to me that allowing the magistrate to dismiss a case for lack of probable cause before a day-long trial gets underway would save time, and would further the "summary nature of magistrate proceedings."
