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Richland County v. Simpkins3/4/2002
Heard January 10, 2002
AFFIRMED
Numerous owners of businesses cited for violations of the Richland County Sexually Oriented Businesses Ordinance (the ordinance) forfeited their bonds, previously tendered to the magistrate's court, in lieu of appearing at their subsequent hearings. Richland County (the County) sought to try these business owners in their absence. The magistrate accepted bond forfeiture as the final disposition of the cases. The County appealed to the circuit court. The circuit court consolidated the appeals and affirmed the magistrate. The County appeals. We likewise affirm.
FACTS/PROCEDURAL BACKGROUND
The County charged Willie D. Simpkins and eight other defendants (the Respondents) for violations of the ordinance including the operation of a sexually-oriented business (SB) without a license and the operation of an SB within 1,000 feet of a residential district.
The County used the Uniform Ordinance Summons for issuing the citations, as authorized by statute. See S.C. Code. Ann. § 56-7-80 (A) (Supp. 2001) ("Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons... for the enforcement of county and municipal ordinances.") The Uniform Ordinance Summons reads as follows:
1. You may post bond by delivering cash to the Court shown on this summons PRIOR to the trial date.
2. You may mail the required bond in the form of a Cashier's Check or Money Order made payable to the Court at the address shown above. Personal Checks are NOT accepted. It is your responsibility to make sure that any bond posted by mail is RECEIVED by the Court PRIOR to your assigned trial date. For proper credit, write the Summons Number o your payment.
3. Posting a bond prior to the trial date in no way affects your right to a trial on the charges brought against you. You may have a trial by the Judge on the assigned trial date or, if you make a WRITTEN request PRIOR to trial, by jury.
4. The Court may impose a fine which is higher or lower than the amount of Bond shown above. If you have posted the required bond and do not appear on the trial date, your bond may be forfeited.
FAILURE TO APPEAR BEFORE THE COURT WITHOUT FIRST HAVING POSTED BOND OR WITHOUT HAVING BEEN GRANTED A CONTINUANCE BY THE COURT MAY RESULT IN A BENCH WARRANT BEING ISSUED FOR YOUR ARREST. IN ADDITION, YOU MAY BE CHARGED WITH A SEPARATE CRIMINAL OFFENSE "FAILURE TO APPEAR AS REQUIRED BY CITATION" AND UPON CONVICTION MAY BE FINED UP TO $200 PLUS COSTS OR IMPRISONED FOR UP TO 30 DAYS.
The summonses each required a $425.00 bond and all of the Respondents posted the bond amounts with the court prior to their trial dates. Additionally, each Respondent requested a jury trial.
The Respondents failed to appear at their respective trials. Their counsel, however, appeared on their behalf and requested the magistrate accept bond forfeiture in lieu of an adjudication of guilt. The County requested the magistrate try the Respondents in their absence. The magistrate accepted forfeiture of the bond as the final disposition in each case.
In its appeal to the circuit court, the County argued bond forfeiture was not an acceptable final disposition because there was no adjudication of guilt. The circuit court affirmed the magistrate. The County appeals.
STANDARD OF REVIEW
"In criminal appeals from magistrate or municipal court, the circuit court does not conduct a de novo review, but instead reviews for preserved error raised to it by appropriate exception. In reviewing criminal cases, this court may review errors of law only." State
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