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Lamb plans resignation

Councilman to accept interim magistrate post

Published Thursday, July 13, 2006
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Beaufort County Councilman Peter Lamb will resign his seat as early as next week to accept an interim position as a county magistrate -- a move that could lead to musical chairs on the County Council.

Gov. Mark Sanford appointed Lamb as a part-time magistrate earlier this month at the recommendation of the county's two state senators, said Sanford spokesman Joel Sawyer. Lamb, a lawyer who was elected to council to represent Bluffton and Daufuskie Island in 2001, expects to be sworn in next week.

His resignation could touch off other changes on the council, Lamb said, because the governor is in charge of appointing replacements when County Council seats are vacated before a general election. Here's what Lamb thinks the governor will do:

• Appoint council Chairman Weston Newton to Lamb's seat. Newton represents the south end of Hilton Head Island but recently moved to Myrtle Island, which is in Lamb's district. At this point, Newton is running unopposed for Lamb's seat in the November election.

• Appoint former Beaufort County school board member Stu Rodman to Newton's Hilton Head seat. At this point, Rodman is running unopposed for Newton's seat in the November election.

The governor hasn't decided what to do once Lamb resigns, Sawyer said. But Lamb thinks the governor will act before the election.

"I personally am reasonably comfortable that the governor will make an appointment to my seat," Lamb said, who decided not to run for council again after Newton told him he was moving to his district.

Newton moved to Myrtle Island last month and is seeking election as the Bluffton-Daufuskie representative. Although he no longer lives in his district, Newton says the governor is aware of the move and that he is continuing to serve his former district "at the governor's pleasure."

"As a practical matter, as chairman, I represent everybody in the entire county," Newton said.

Rodman resigned from the school board this week to meet a deadline that would allow the election for his vacant seat to be held during the November general election. He said his early resignation was not because he might be appointed to the County Council sooner.

"It just made sense to do it now rather than later," Rodman said. "If (the appointment) happens, great. If not, then I'll enjoy a couple of months off before I get sworn in in January."

After being sworn in, Lamb will take a two-week course at the Criminal Justice Academy in Columbia and a certification exam before observing a set of trials, said Rita Simmons, the county's chief magistrate. He'll work about 15 to 20 hours a week, splitting his time on cases in Bluffton, Hilton Head and at the county's detention center in Beaufort.

"Having practiced law for 42 years pretty much all over the country both state and federal and local, being a judge is a very different thing than being a lawyer," said Lamb, 69. "But I've certainly been before many of them, and I think I may be able to mete out some justice with an even and fair hand."

Sen. Scott Richardson, R-Hilton Head, pushed for Lamb's appointment because of his experience as a trial lawyer. It can be difficult to persuade lawyers to work as magistrates because they can make more money in private practice, he said. Lamb will earn about $20,522 in the part-time post.

"It gives us a lot of versatility and a lot of opportunity to deal with more complicated issues and jury trials in the magistrates court," Richardson said.

State law dictates how many magistrates each county can have. Lamb essentially will be filling a vacancy created when St. Helena Island Magistrate Joe McDomick retired from his full-time post, Simmons said.

McDomick's son, Philander McDomick, took over for his father, but he only works part-time, leaving another part-time vacancy, she said. Lamb's appointment will be temporary until he is confirmed by the state Senate, which returns to Columbia in January.

Contact Ginny Skalski at 706-8144 or . To comment on this story, please go to islandpacket.com.

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What does a magistrate do?

In South Carolina, magistrates have criminal trial jurisdiction over all offenses that can be punished with a fine of up to $500 and up to 30 days in jail. They also can hear certain other cases with the permission of the circuit solicitor and agreement by the defendant.

Magistrates are responsible for setting bail, conducting preliminary hearings and issuing arrest and search warrants.

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