H 3296 Session 111 (1995-1996)
H 3296 Joint Resolution, By J.T. McElveen
A Joint Resolution proposing an amendment to Article V, Constitution of South
Carolina, 1895, relating to the Judicial Department, by adding Section 29 so
as to provide that the General Assembly shall establish a Judicial Nominating
Commission to nominate candidates for election to judicial positions on courts
of the Unified Judicial System which are filled by election of the General
Assembly, to provide that the General Assembly shall elect these judges and
justices from among these nominees, and to provide that no person may be
elected to these judicial positions who has been found "not qualified" by the
Commission.
01/18/95 House Introduced and read first time HJ-20
01/18/95 House Referred to Committee on Judiciary HJ-20
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE V,
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
THE JUDICIAL DEPARTMENT, BY ADDING SECTION 29 SO
AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL
ESTABLISH A JUDICIAL NOMINATING COMMISSION TO
NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL
POSITIONS ON COURTS OF THE UNIFIED JUDICIAL
SYSTEM WHICH ARE FILLED BY ELECTION OF THE
GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL
ASSEMBLY SHALL ELECT THESE JUDGES AND JUSTICES
FROM AMONG THESE NOMINEES, AND TO PROVIDE THAT
NO PERSON MAY BE ELECTED TO THESE JUDICIAL
POSITIONS WHO HAS BEEN FOUND "NOT
QUALIFIED" BY THE COMMISSION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article V of the Constitution of
this State be amended by adding:
"Section 29. In addition to the qualifications for circuit
court and court of appeals judges and Supreme Court justices
contained in this article, the General Assembly shall establish a
Judicial Nominating Commission to consider the qualifications and
fitness of candidates for all judicial positions on courts of the
unified judicial system which are filled by election of the General
Assembly. The commission shall nominate the best qualified
applicants for a vacancy on the courts. The General Assembly shall
select the judges and justices from among the nominees of the
commission to fill a vacancy. No person may be elected to these
judicial positions who has been found `not qualified' by the
commission."
SECTION 2. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballots:
"Must Article 5 of the Constitution of this State be
amended by adding Section 29 so as to provide that the General
Assembly shall establish a judicial nominating commission to
nominate candidates for election to judicial positions on courts of
the unified judicial system which are filled by election of the
General Assembly, to provide that the General Assembly shall elect
these judges and justices from among these nominees, and to
provide that no person may be elected to these judicial positions
who has been found `not qualified' by the commission?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes', and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
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