2009-10

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

ROSALYN W. FRIERSON
DIRECTOR

 

 

1015 SUMTER STREET, SUITE 200
COLUMBIA, SOUTH CAROLINA  29201
TELEPHONE:  (803) 734-1800
FAX:  (803) 734-1355

MEMORANDUM

TO:                 Magistrates and Municipal Judges

FROM:           Robert L. McCurdy, Assistant Director

RE:                 Smoking Ordinance Violations

DATE:           April 24, 2009

By memo dated March 23, 2009, Chief Justice Toal directed that smoking ordinance violations be heard in magistrate and municipal court. The purpose of this memorandum is to provide guidance in disposing of those cases. Justice Toal has reviewed and approved the process provided below.

A copy of Justice Toal’s March 23, 2009 memorandum is attached, as well as a copy of the Greenville decision referenced in the footnote. Should you have questions concerning this matter, please do not hesitate to contact this Office.

RLM/mhb
Attachment


1 In City of Greenville v. Foothill Brewing, Op. No. 26467 (S.C. Sup. Ct. filed March 31, 2008), the Supreme Court upheld the City of Greenville smoking ordinance, which was termed a "civil infraction." Accordingly, State -mandated assessments required on criminal convictions would not apply to "civil infractions." The action of the Court upholding smoking ordinance violations as "civil infractions" was a narrow ruling. The Court was clear that the Constitution requires "statewide uniformity" regarding the criminal laws of this State. Therefore, local governments may not criminalize conduct that is legal under a statewide criminal law. Further, local governments are without authority to decriminalize an action which is criminal under State law and order to avoid State mandated assessments.