This move will save Beaufort County money. But could it hurt your day in court?

Beginning in January, Beaufort County taxpayers will no longer be on the hook for the cost of health insurance for part-time magistrate judges, but some worry the change could have negative consequences for the local judicial system.

Earlier this year, Beaufort County Council voted to end those benefits for magistrates who work fewer than 30 hours per week — citing the fact that no other part-time county employees receive the perk.

Seven magistrates — Lawrence McElynn, Ralph Tupper, Terry Finger, Bernard McIntyre,Tiffany Mikkelson, Jose Fuentes, and Chilton Simmons — sued the county, claiming the loss of insurance could force them to quit their positions. That suit was dismissed late last month.

The current terms for the judges — who are nominated and appointed by state lawmakers — expire in April 2018.

It is unclear whether the part-time judges, many of whom are practicing attorneys, will return to the bench. If they are re-appointed, they will not be eligible for health benefits, court documents show.

S.C. Sen. Tom Davis, who is involved with recruiting magistrate candidates, told county leaders last week that he has concerns about the impact of stripping part-timers of their benefits.

“Taking away those benefits will make it very difficult to get the quality of attorneys on that magistrate bench that we have historically been able to get,” Davis told members of the council’s Executive Committee.

He also noted that the move could hurt the diversity of the bench, given the fact that the one African-American magistrate and the one Hispanic magistrate are part-timers.

Because of the volume of cases these judges handle, “magistrates are the face of the judicial system for most people,” Davis said, adding that it may be worth the extra expense to have a better-qualified pool of judges.

Court documents show that the county spends about $67,000 annual on health benefits for part-time magistrates.

For some county leaders, the issue isn’t exclusively one of dollars cents, but a question of fairness and equality.

“We have a lot of people who would like to have health insurance,” Council Chairman Paul Sommerville said last week. “… If we are going to do it for (the part-time magistrates), we have to do it for all (part-time employees).”

“We aren’t going to select (a specific type of part-time employee) and say, ‘You’re better than this other guy, you’re better than the guy who works at the recycling center,’” he added. “They’re not — nobody is better than anybody else.”

This story was originally published December 22, 2017 at 12:47 PM with the headline "This move will save Beaufort County money. But could it hurt your day in court?."