SPARTANBURG, S.C. - The latest effort to oust a Spartanburg County magistrate has failed after one of the county's three lawmakers refused to vote to replace him.

Gov. Mark Sanford appointed Roebuck resident David Turner to replace Magistrate Larry Hutchins, 16-year-court veteran.

But Democratic Sen. Glenn Reese on Tuesday refused to sign the appointment supported by Republican Sens. Jim Ritchie and John Hawkins. Senate tradition holds that magistrates cannot be appointed without the support of all senators in their counties.

All 19 of the county's magistrates have been working past the end of their four-year terms since April 30 because of the stalemate between the senators.

Hawkins asked Hutchins to resign.

"Sen. Reese has been loyal to Hutchins, but I don't see that loyalty going in the opposite direction," Hawkins said. "Hutchins is like an albatross around Sen. Reese's neck."

Hutchins was accused in May of using a racial slur during a telephone conversation with an employee. The employee was fired and later rehired. Reese said he doesn't believe Hutchins did it, saying the judge would have been suspended.

Reese said Hutchins works hard and routinely gives "fatherly advice and guidance" to younger Spartanburg County residents working their way through the court system.

Reese said Hutchins' retirement status is a "minor" consideration for him. Hutchins, 61, needs to serve until October 2004 to have 30 years in the state retirement system. That would allow him to collect maximum Social Security benefits as well as retirement benefits if he then stepped down as a magistrate.

Information from: Herald-Journal