MURRELLS INLET -- One man is nominated to fill a magistrate's position in the Georgetown County town of Murrells Inlet. State Senator Ray Cleary nominated Dave Joliff, 36, who's a former Horry County police officer.
That nomination is causing controversy, and here's why. According to Horry County police, Joliff was disciplined twice during his time at the department. In 2005, reports say he was verbally counseled for an alcohol related issue. Then in 2006, Joliff was suspended after a report said he was "out of control" and "intoxicated". The report also says Joliff urinated on a car outside a bar. His nomination for magistrate is leading many to ask serious questions about the qualifications for the position, and how people are nominated for it.
Murrells Inlet resident, Bill Chandler says he and many people in the Inlet voted for Senator Cleary last election. But he says because of how Senator Cleary's gone about nominating a magistrate to fill the place of outgoing judge William Moeller, that support turned into concern and now anger.
By law, magistrates are appointed to four-year terms with criminal jurisdiction over setting bail, conducting preliminary hearings, and issuing arrest and search warrants. That includes criminal traffic courts, small claims court, evictions, restraining orders, assault and battery and domestic violence, just to name a few. But what qualifies someone for a magistrate position has some people upset with state law. In South Carolina, a magistrate doesn't have to have a law degree. The only qualification is a college degree. A state senator nominates a person, and then it's up to the governor to make the appointment. But there is some wiggle room when it comes to how a nominee is selected.
Former Georgetown County Councilman Tom Swatzel says a screening committee was successfully used in Dorchester County in 2009. State Senator Mike Rose used a nine-member selection committee that helped him narrow the field of 55 applicants, down to 42.
State law does allow for another alternative. A special election could be held, although Swatzel says he's not aware of that being used recently. A special election or screening committee would take a lot of heat off Senator Cleary. We asked Senator Cleary about the nomination process, and he sent us this statement, "At this time, I have advised everyone that the tensions have become too high concerning my possible appointment, and will not speak more on it until the reports are completed." The South Carolina Law Enforcement Division, or SLED is doing a criminal background check on Dave Joliff and will send those findings to Senator Cleary.
State law says Judge William Moeller has to step aside due to mandatory retirement, giving Senator Cleary until June 30th to give the governor his nominee.
Although time is running out quickly, many in Murrells Inlet just want to get the best man. We contacted Dave Joliff's lawyer, David Durant for a response. He said the magistrate nomination process is what it is, and "at this time they have no further comment."
To view a copy of the Horry County disciplinary report, click here.
What do you think about the way magistrates are chosen in South Carolina? What do you think about the qualifications for the position? Leave your thoughts below.
