H 3679 Session 111 (1995-1996)
H 3679 General Bill, By Cotty and J.L.M. Cromer
Similar(H 3961)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 6
to Title 14 so as to create the Judicial Nominating Commission and to
establish its powers, duties, and functions.-short title
02/23/95 House Introduced and read first time HJ-24
02/23/95 House Referred to Committee on Judiciary HJ-25
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO
CREATE THE JUDICIAL NOMINATING COMMISSION AND
TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO
AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530,
AND 1-23-550, RELATING TO JUDGES OF THE
ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO
PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY
THE GOVERNOR, UPON THE ADVICE AND CONSENT OF
THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY
THE JUDICIAL NOMINATING COMMISSION; 2-19-10,
RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO
REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON
ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS
AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES
PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER
PROVIDE FOR THE MANNER AND CONDITIONS OF THIS
SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF
THE SUPREME COURT, SO AS TO PROVIDE THAT THEY BE
APPOINTED BY THE GOVERNOR IN THE MANNER
PROVIDED ABOVE INSTEAD OF ELECTED BY THE
GENERAL ASSEMBLY; 14-3-20, RELATING TO THE
QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT,
SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE
GOVERNOR INSTEAD OF ELECTION BY THE GENERAL
ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN
THE SUPREME COURT, SO AS TO PROVIDE FOR
APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING
TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO
AS TO REFER TO THEIR APPOINTMENT RATHER THAN
THEIR ELECTION; 14-5-160, RELATING TO THE
ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO
PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610,
AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND
ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR
APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO
THE ELECTION OF JUDGES OF THE COURT OF APPEALS,
SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE
GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS
OF JUDGES OF THE COURT OF APPEALS, SO AS TO
PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40,
RELATING TO THE OATH OF OFFICE, SO AS TO PROVIDE
FOR APPOINTMENT BY THE GOVERNOR; 14-8-60,
RELATING TO THE VACANCIES ON THE COURT OF
APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO
FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO
THE QUALIFICATIONS AND TERMS OF FAMILY COURT
JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT
BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL
ELECTION OF FAMILY COURT JUDGE, SO AS TO PROVIDE
FOR APPOINTMENT BY THE GOVERNOR; AND TO REPEAL
SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE
PROHIBITION AGAINST PLEDGING AND REOPENING OF
FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR
ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO
PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT
UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V
OF THE CONSTITUTION OF THIS STATE ESTABLISHING
THE JUDICIAL NOMINATING COMMISSION TO ASSIST THE
GOVERNOR IN APPOINTING JUDGES FOR THE
ABOVE-REFERENCED COURTS.
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
SECTION 1. Title 14 of the 1976 Code is amended by adding:
"CHAPTER 6
Judicial Nominating Commission
Section 14-6-10. (A) There is created a Judicial Nominating
Commission to assist the Governor in the selection of qualified
justices and judges for all judicial vacancies in the Administrative
Law Judge Division and on the Family Court, Circuit Court, Court
of Appeals, and Supreme Court. The commission shall consist of
the following:
(1) one member of the Judiciary Committee of the House of
Representatives, appointed by the Speaker of the House, who shall
serve ex officio;
(2) one member of the Judiciary Committee of the Senate,
appointed by the Speaker Pro Tempore of the Senate, who shall
serve ex officio;
(3) six practicing members of the South Carolina Bar
admitted to practice for at least five years. The House of
Representatives shall elect these members from congressional
districts one, three, and five, and the Senate shall elect these
members from congressional districts two, four, and six;
(4) two members who are retired justices or judges of courts
of the unified court system of this State;
(5) two members of the general public who are not practicing
or retired attorneys or current or former justices or judges of the
unified court system of this State, one to be elected by the Senate
and one to be elected by the House of Representatives.
(B) The terms of office of the legislative members on the
commission are coterminous with their terms of office in the
General Assembly. The terms of office of the nonlegislative
members on the commission are for four years, and until their
successors are elected and qualify, except that the terms of those
members initially elected shall be as follows: the practicing
attorneys at law elected by the House from the first, third, and fifth
congressional districts, the retired justice or judge elected by the
House and the member of the general public elected by the House
shall serve initial terms of two years each. No member is eligible
to succeed himself on the commission except that those members
initially elected to two-year terms may be reelected for one full
four-year term.
Section 14-6-20. Vacancies on the Judicial Nominating
Commission must be filled for the remainder of the unexpired term
in the same manner as provided for the original selection.
Section 14-6-30. No member of the Judicial Nominating
Commission is eligible for nomination, or appointment as a judge
or justice of the state court system or administrative law judge
division while serving on the commission or for three years after he
ceases to be a member. No member of the commission may hold
any other elected or appointed office under the United States, the
State, or other governmental entity. No member of the commission
shall hold an office in a political party.
Section 14-6-40. The Judicial Nominating Commission shall meet
at least once annually and at other times as may be designated by
the chairman. The commission, at its first meeting and then
annually, shall elect a chairman who shall serve for a term of one
year and until his successor is appointed and qualifies. A member
may succeed himself as chairman. In the event that the chairman
must be absent, the commission shall choose a member to act as
temporary chairman. The commission at its first meeting also shall
organize and adopt rules for the purpose of governing its
proceedings. Eight members of the commission constitutes a
quorum at all meetings. No act of the commission is valid except
by concurrence of eight of its voting members.
Section 14-6-50. All organizational meetings of the Judicial
Nominating Commission are open to the public. A notice outlining
the topics to be discussed must be given to the public not less than
seventy-two hours before the meeting. Public participation is
allowed at each organizational meeting. For purposes of this
chapter, an `organizational meeting' is an initial meeting to discuss
the commission's procedures and requirements for a vacancy.
Section 14-6-60. The General Assembly shall provide for the
staff and operating expenses of the Judicial Nominating
Commission. No member of the commission shall receive any
compensation for commission services, except those set by law for
travel, board, and lodging expenses incurred in the performance of
commission duties.
Section 14-6-70. It is the responsibility of the Judicial
Nominating Commission to determine when judicial vacancies are
to occur in the Administrative Law Judge Division and on the
Family Court, Circuit Court, Court of Appeals, or Supreme Court
and to expeditiously investigate in advance the qualifications of
those who seek nomination unless otherwise provided by law. For
purposes of this chapter, a vacancy is created in the Administrative
Law Judge Division or on Family Court, Circuit Court, Court of
Appeals, or Supreme Court when any of the following occurs: a
term expires; a new judicial position is created; or a judge can no
longer serve due to resignation, retirement, disciplinary action,
disability or death.
Section 14-6-80. (A) The Judicial Nominating Commission shall
announce and publicize vacancies and forthcoming vacancies in the
Administrative Law Judge Division or on the Family Court, Circuit
Court, Court of Appeals, or Supreme Court. A person who may
desire to be considered for nomination as justice or judge may
make application to the commission and any person or organization
may submit to the commission the name of a person whom it
desires to be considered for nomination. The commission will
announce the names of those persons who have applied, or who
have agreed to be considered.
(B) The commission shall establish procedures for, among other
things:
(1) receipt of public statements in support of, or in opposition
to, any of these candidates;
(2) private or public hearings when the commission considers
it necessary;
(3) meetings in executive session when the commission
considers it necessary.
Section 14-6-90. The responsibility of the Judicial Nominating
Commission is to investigate and consider the qualifications of the
candidates for judicial office in the Administrative Law Judge
Division or on the Family Court, Circuit Court, Court of Appeals,
or Supreme Court. Investigations and consideration of the
commission should include, but must not be limited to the
following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
Section 14-6-100. The Judicial Nominating Commission is
authorized to investigate and obtain information relative to any
candidate from any state agency or other group, including, but not
limited to, court administration, any law enforcement agency, and
the South Carolina Bar, to the extent permitted by law, and shall
have the power to issue subpoenas requiring the appearance of
persons or the production of documents or other tangible things.
The commission in the discharge of its duties may administer
oaths and affirmations, take depositions, and issue subpoenas to
compel the attendance of witnesses and the production of books,
papers, correspondence, memoranda, and other records considered
necessary for the investigation of candidates.
No person may be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, or other
records before the commission on the ground that the testimony or
evidence, documentary, or otherwise, required of him may tend to
incriminate him or subject him to a penalty or forfeiture. No
individual may be prosecuted or subjected to any criminal penalty
based upon testimony or evidence submitted or forfeiture for or on
account of any transaction, matter, or thing concerning which he is
compelled, after having claimed his privilege against self
incrimination, to testify or produce evidence, documentary or
otherwise. However, the individual testifying is not exempt from
prosecution and punishment for perjury and false swearing
committed in so testifying.
In case of contumacy by a person or refusal to obey a subpoena
issued to a person, any Circuit Court of this State or circuit judge
within the jurisdiction of which the person guilty of contumacy or
refusal to obey is found, resides, or transacts business, upon
application by the commission may issue an order requiring the
person to appear before the commission to produce evidence if so
ordered or to give testimony concerning the matter under
investigation. The failure to obey an order of the court may be
punished as a contempt. Subpoenas must be issued in the name of
the commission and must be signed by the commission chairman.
Subpoenas must be issued to any person the commission designates.
Section 14-6-110. (A) Upon completion of the investigation,
the Chairman of the Judicial Nominating Commission shall schedule
a public hearing concerning the qualifications of the candidates. A
person who desires to testify at the hearing, including candidates,
shall furnish a written statement of his proposed testimony to the
chairman of the commission. The statements must be furnished no
later than forty-eight hours before the date and time set for the
hearing. The commission shall determine the persons who shall
testify at the hearing. All testimony, including documents furnished
to the commission, must be submitted under oath and persons
knowingly furnishing false information either orally or in writing
are subject to the penalties provided by law for perjury and false
swearing.
(B) During the course of the investigation, the commission may
schedule an executive session at which each candidate, and other
persons whom the commission wishes to interview, may be
interviewed by the commission on matters pertinent to the
candidate's qualification for the office to be filled. All final
deliberations of the commission are secret and confidential. Within
a reasonable time thereafter the commission shall render its tentative
findings with its reasons to each candidate.
(C) As soon as possible after the completion of the hearing a
verbatim copy of the testimony, documents submitted at the
hearing, and findings of fact must be transcribed and published
before the date of the scheduled appointment and a copy must be
furnished to each candidate.
(D) A candidate may withdraw at any stage of the proceedings
and in that event no further inquiry, report on, or consideration of
his candidacy may be made.
Section 14-6-120. Notwithstanding the provisions of this
chapter, when there is no known opposition to the candidates for a
particular judgeship, and there appears to be no substantial reason
for having a public hearing, whether or not a candidate is an
incumbent, and no request is made by at least three members of the
Judicial Nominating Commission for a public hearing, the
commission chairman, upon recommendation of the commission,
may determine that a public hearing is unnecessary and it may not
be held.
Section 14-6-130. All records, information, and other material
that the Judicial Nominating Commission has obtained or used to
make its findings of fact, except materials, records, and information
presented under oath at the public hearing, must be kept strictly
confidential. After the commission has reported its findings of fact,
or after a candidate withdraws his name from consideration, all
records, information, and material required to be kept confidential
must be destroyed.
Section 14-6-140. (A) Except as otherwise provided in this
chapter and after careful consideration of the qualifications of all
candidates for each judicial vacancy, the Judicial Nominating
Commission shall select and submit to the Governor the names of
not less than three nor more than five nominees whom it considers
best qualified for the judicial office under consideration.
(B) The Governor must select one of these nominees from the
list of nominees submitted, and the Governor shall appoint a
nominee whose name must be submitted to the Senate for
confirmation. If the Senate fails to reject any appointment of the
Governor within thirty days after its submission, it is considered to
have given its consent to the appointment. If the Senate rejects any
appointment, the same appointment procedure must be followed
again. If this procedure fails a second time to secure an
appointment, the Governor shall make the appointment from the
original list of nominees, without the Senate's consent.
Section 14-6-150. No candidate for an Administrative Law
Judge, Family Court, Circuit Court, Court of Appeals, or Supreme
Court judgeship, including a sitting judge, may directly or indirectly
campaign or lobby the Governor for appointment to the office
sought until the Judicial Nominating Commission has submitted its
nominations.
Section 14-6-160. At least ninety days before the expiration of a
justice's or judge's term of office, every justice or judge shall
petition the Judicial Nominating Commission to be retained in
office or shall inform the commission of an intention to retire. The
commission shall review the incumbent's qualifications. There is a
presumption that each incumbent judge who seeks reappointment to
the same court qualifies for retention in judicial office. The burden
of rebutting this presumption is on the commission. The
commission shall investigate and interview each incumbent judge
who seeks reappointment and, before the expiration of a term of
office of the judge, shall recommend the incumbent judge for
nomination for reappointment by the Governor to the same court
unless, as provided in this section, recommendation of the judge is
denied. If a preliminary examination indicates further inquiry is
necessary before a recommendation of reappointment may be made,
the commission shall hold a hearing concerning the reappointment
of the judge. The commission, not later than twenty days after the
close of the hearing, must render its decision whether it will
recommend the incumbent judge for nomination for reappointment
by the Governor. An affirmative vote of eight members present
and voting is required to deny recommendation to the Governor for
nomination of an incumbent judge to the same court.
A judge who has not received approval by the commission within
ten days after receipt of the notice of decision, which includes a
record of the numerical vote, may request a rehearing on the
grounds that the conclusions of the commission are contrary to the
evidence presented at the hearing or the commission failed to
comply with the procedural or substantive requirements of this
section.
The decision of the commission is final. There is no right of
appeal to any judge appearing before the commission, at law or in
equity, or any resort to any court following the decision of the
commission.
If the commission determines that the justice or judge is qualified
and should be retained in office, the commission shall forward the
incumbent's name only to the Governor with a recommendation that
the judge be reappointed.
If the commission denies recommendation of a judge or justice, if
the Governor fails to make the reappointment within thirty days of
presentation, or if the Senate rejects the reappointment within thirty
days, a list of not less than three nor more than five nominees must
be submitted by the commission to the Governor as provided under
Section 14-6-140.
Section 14-6-170. In the case of Administrative Law Judges and
Family Court Judges, if at least three applicants which the
commission finds qualified do not apply for a particular judgeship,
less than three names for that judgeship may be submitted by the
commission to the Governor.
Section 14-6-180. The Judicial Nominating Commission shall
adopt procedures to review the qualifications of retired justices or
judges assigned to serve in particular courts pursuant to Section
14-1-215.
Section 14-6-190. The Judicial Nominating Commission shall
adopt, with the approval of the General Assembly, regulations as
are necessary to the purposes of the commission. The regulations
shall address among other things, the confidentiality of records and
other information received concerning candidates for judicial office,
prohibition against ex parte communication with individual
members of the commission concerning the qualifications of
candidates and the conduct of proceedings before the
commission."
Part II
SECTION 2. Section 1-23-510 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-510. (A) The judges of the division must
be elected by the General Assembly in joint session,
appointed by the Governor, upon the advice and consent of the
Senate, from a list of nominees submitted by the Judicial
Nominating Commission for a term of five years and until their
successors are elected appointed and qualify;
provided, that of those judges initially elected, the chief judge,
elected to Seat 1 must be elected for a term of five years, the judge
elected to Seat 2 must be elected for a term of three years, the
judge elected to Seat 3 must be elected for a term of one year. The
remaining judges of the division must be elected for terms of office
to begin February 1, 1995, for terms of five years and until their
successors are elected and qualify; provided, that those judges
elected to seats whose terms of office are to begin on February 1,
1995, to Seat 4 must be initially elected for a term of five years, the
judge elected to Seat 5 must be initially elected for a term of three
years, and the judge elected to Seat 6 must be initially elected for a
term of one year. The terms of office of the judges of the division
for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of
office of the judges of the division for Seats 4, 5, and 6 shall begin
on February 1, 1995. The terms of office of each of the seats
shall terminate on the thirtieth day of June in the final year of the
term for the respective seats.
(B) In electing appointing administrative law
judges, race, gender, and other demographic factors including age,
residence, type of practice, and law firm size should be considered
to assure nondiscrimination, inclusion, and representation to the
greatest extent possible of all segments of the population of this
State.
(C) Before election as an administrative law judge, a
candidate must undergo screening pursuant to the provisions of
Section 2-19-10, et seq.
(D) Each seat on the division must be numbered.
Elections Appointments are required to be for a
specific seat. The office of chief administrative law judge is a
separate and distinct office for the purpose of an election
appointment.
(E) (D) In the event that there is a vacancy in
the position of the chief administrative law judge or for any reason
the chief administrative law judge is unable to act, his powers and
functions must be exercised by the administrative law judge
occupying Seat 2."
SECTION 3. Section 1-23-520 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-520. No person is eligible for the office of
law judge of the division who does not at the time of his
election appointment meet the qualification for
justices and judges as set forth in Article V of the Constitution of
this State."
SECTION 4. Section 1-23-525 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-525. No member of any General Assembly
who is not otherwise prohibited from being elected
appointed to an administrative law judge position may be
elected appointed to such position while he is a
member of the General Assembly and for a period of four years
after he ceases to be a member of the General Assembly."
SECTION 5. Section 1-23-530 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-530. The judges of the division shall
qualify after the date of their election appointment
by taking the constitutional oath of office."
SECTION 6. Section 1-23-550 of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"Section 1-23-550. All vacancies in the office of
administrative law judge must be filled in the manner of original
appointment. When a vacancy is filled, the judge elected
appointed shall hold office only for the unexpired term of
his predecessor."
SECTION 7. Section 2-19-10 of the 1976 Code is amended to
read:
"Section 2-19-10. Whenever an election is to be held by
the General Assembly in Joint Session, including except
for members of the judiciary, a joint committee,
composed of eight members, four of whom shall
must be members of the House of Representatives and four
of whom shall must be members of the Senate,
shall must be appointed to consider the
qualifications of the candidates. Each body shall determine how its
respective members shall be are selected. Each joint
committee shall meet as soon after its appointment as may
be practicable and shall elect one of its members as
chairman, one as secretary, and such other officers as it
may deem considers desirable."
SECTION 8. Section 14-1-215 of the 1976 Code, as last
amended by Act 22 of 1993, is further amended to read:
"Section 14-1-215. (A) A retired judge or justice from
the Supreme Court, Court of Appeals, or Circuit Court of this State
may be assigned by the Chief Justice of the Supreme Court to
preside over any official proceeding in any Circuit Court of this
State. A retired judge or justice from the Supreme Court or Court
of Appeals of this State may be assigned by the Chief Justice of the
Supreme Court to act as an associate justice or judge in any
proceeding before the Supreme Court or Court of Appeals. A
retired judge from the family court of this State may be assigned by
the Chief Justice of the Supreme Court to preside over any official
proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to
serve, any retired justice or judge of this State must have been
screened in the manner provided in Section 2-19-10
reviewed by the Judicial Nominating Commission established
pursuant to Chapter 6 of Title 14 and found by the
committee commission to be qualified to serve in
these situations within two years of the date of his appointment to
serve, except that if a justice or judge retired before the expiration
of his then current term, no further screening of that justice or
judge is required until that term would have expired if he is to
be assigned to sit on the Court of Appeals or the Supreme Court.
(B) Except as provided by subsection (A), prior to any person
appointed or elected to serve as a justice of the Supreme
Court, Court of Appeals judge, Circuit Court judge, or Family
Court judge acting in that capacity, that person shall be screened
in the manner provided by Section 2-19-10 reviewed by the
Judicial Nominating Commission and found by the
committee commission to be qualified to
serve."
SECTION 9. Section 14-3-10 of the 1976 Code is amended to
read:
"Section 14-3-10. The Supreme Court shall consist of a
Chief Justice and four associate justices, who shall
must be elected by a joint viva voce vote of the General
Assembly appointed by the Governor with consent by the
Senate from a list of nominees submitted by the Judicial
Nominating Commission. Justices shall serve for a term of ten
years and shall continue in office to serve until their
successors are elected appointed and qualified.
They shall be so classified that one of them shall go out of
office every two years. The successors of the Chief Justice and
associate justices shall be elected at the session of the General
Assembly next preceding the expiration of their respective
terms. The time for the commencement of their terms of office
shall be is the first day of August after their
election."
SECTION 10. Section 14-3-20 of the 1976 Code is amended to
read:
"Section 14-3-20. The justices of the Supreme Court shall
qualify within twelve months after the date of their election
appointment by taking the constitutional oath or the office
shall must be declared vacant by the Governor.
The oath shall must be administered by a justice of
said the court or by a circuit judge."
SECTION 11. Section 14-3-40 of the 1976 Code is amended to
read:
"Section 14-3-40. All interim vacancies in the
Supreme Court shall must be filled by elections
as herein prescribed; provided that appointment as
prescribed in Article V, Section 3 of the Constitution.
However, if the unexpired term does not exceed one year
such the vacancy may be filled by executive
appointment. When a an interim vacancy is
so filled by either appointment or election,
the incumbent shall hold office only for the unexpired term
of his predecessor."
SECTION 12. Section 14-5-110 of the 1976 Code is amended to
read:
"Section 14-5-110. The circuit judges of this State, upon
their election appointment, shall qualify by taking
the oath required by the Constitution of this State before a justice of
the Supreme Court, the President of the Senate, the Speaker or
Speaker Emeritus of the House of Representatives, a circuit judge, a
clerk of the Supreme Court, a clerk of the court of common pleas
or a probate judge of the county, and shall forthwith
immediately enter upon their duties. Such
The oath must be filed in the office of the Secretary of
State. Terms of office for all circuit judges elected after January
1, 1977, shall commence as of July first of the year in which
they are elected appointed."
SECTION 13. Section 14-5-160 of the 1976 Code is amended to
read:
"Section 14-5-160. Whenever any a
circuit judge, pending his assignment to hold the courts of any
circuit, shall die, resign, be dies, resigns, becomes
disabled by illness, or be is excused for any
other reason considered sufficient in the opinion of the Chief Justice
of the Supreme Court or in case of a an interim
vacancy in the office of circuit judge of any circuit or if a special
session of the court of general sessions or common pleas be
is ordered as provided for in Sections 14-5-910 to
14-5-950, the Chief Justice of the Supreme Court may assign
any other another disengaged circuit judge to hold
the courts of any such the circuit, to fill any
appointment made necessary by such the vacancy or
to hold any special session of the Circuit Court that may be ordered
by the Chief Justice. However, if the unexpired term exceeds
one year, the vacancy must be filled in the original manner of
appointment as prescribed in Article V, Section 13 of the
Constitution. When an interim vacancy is filled by appointment,
the incumbent shall hold office only for the unexpired term of his
predecessor."
SECTION 14. Section 14-5-610 of the 1976 Code, as last
amended by Act 610 of 1990, is further amended to read:
"Section 14-5-610. The State is divided into sixteen
judicial circuits as follows:
(1) The first circuit is composed of the counties of Calhoun,
Dorchester, and Orangeburg.
(2) The second circuit is composed of the counties of Aiken,
Bamberg, and Barnwell.
(3) The third circuit is composed of the counties of Clarendon,
Lee, Sumter, and Williamsburg.
(4) The fourth circuit is composed of the counties of
Chesterfield, Darlington, Marlboro, and Dillon.
(5) The fifth circuit is composed of the counties of Kershaw and
Richland.
(6) The sixth circuit is composed of the counties of Chester,
Lancaster, and Fairfield.
(7) The seventh circuit is composed of the counties of Cherokee
and Spartanburg.
(8) The eighth circuit is composed of the counties of Abbeville,
Greenwood, Laurens, and Newberry.
(9) The ninth circuit is composed of the counties of Charleston
and Berkeley.
(10) The tenth circuit is composed of the counties of Anderson
and Oconee.
(11) The eleventh circuit is composed of the counties of
Lexington, McCormick, Saluda, and Edgefield.
(12) The twelfth circuit is composed of the counties of Florence
and Marion.
(13) The thirteenth circuit is composed of the counties of
Greenville and Pickens.
(14) The fourteenth circuit is composed of the counties of
Allendale, Hampton, Colleton, Jasper, and Beaufort.
(15) The fifteenth circuit is composed of the counties of
Georgetown and Horry.
(16) The sixteenth circuit is composed of the counties of York
and Union.
One judge must be elected appointed from the
first, second, sixth, twelfth, and sixteenth circuits. Two judges must
be elected appointed from the third, fourth, seventh,
eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three
judges must be elected appointed from the fifth,
ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there
must be ten additional circuit judges elected by the General
Assembly from the State at large appointed by the Governor
with consent by the Senate from a list of nominees submitted by the
Judicial Nominating Commission. Judges serve for terms
of office of six years. These additional judges must be
elected appointed without regard to county or
circuit of residence. Each office of the at-large judges is a separate
office and is assigned numerical designations of Seat No. 1 through
Seat No. 10 respectively."
SECTION 15. Section 14-8-20 of the 1976 Code is amended to
read:
"Section 14-8-20. (a)(A) The members
of the Court of Appeals shall must be
elected by joint public vote of the General Assembly
appointed by the Governor with consent by the Senate from a
list of nominees submitted by the Judicial Nominating Commission.
Judges serve for a term of six years and until their successors
are elected appointed and qualify; provided,
however, that However, of those judges initially
elected appointed, the Chief Judge (Seat 5) and the
judge elected appointed to Seat 6 shall
must be elected appointed for terms of six
years each, the judges elected appointed to Seats 3
and 4 shall must be elected
appointed for terms of four years each, and the judges
elected appointed to Seats 1 and 2 shall
must be elected appointed for terms of two
years each. The terms of office of the judges of the Court shall
begin on July 1, 1985. Prior to such date, the General Assembly
shall have authority to take such measures as necessary to secure
accommodations, personnel, supplies, and equipment and such other
matters as may be necessary to effect full implementation of the
Court for operation by such date.
(b)(B) Each seat on the court shall must
be numbered. Candidates shall be are required to
file for a specific seat. Seat five 5 shall be
is designated as the office of Chief Judge and shall
be is a separate and distinct office for the purpose of
an election appointment.
(c) In any contested election, the vote of each member of the
General Assembly present and voting shall be recorded; provided,
that the provisions of Chapter 19 of Title 2 shall be followed in the
course of electing the members of the Court."
SECTION 16. Section 14-8-30 of the 1976 Code is amended to
read:
"Section 14-8-30. No person shall be is
eligible for the office of Chief Judge or associate judge of the court
who does not at the time of his election or appointment
meet the qualifications for justices and judges as set forth in Article
V of the Constitution of this State."
SECTION 17. Section 14-8-40 of the 1976 Code is amended to
read:
"Section 14-8-40. The judges of the court shall qualify
within twelve months after the date of their election
appointment by taking the constitutional oath or the office
shall must be declared vacant by the Governor. The
oath shall must be administered by a justice of the
Supreme Court, a judge of the Court of Appeals, or by a Circuit
Court judge."
SECTION 18. Section 14-8-60 of the 1976 Code is amended to
read:
"Section 14-8-60. All interim vacancies in the
Court of Appeals shall must be filled in the
manner of original election; provided, that appointment
as prescribed in Article V, Section 8 of the Constitution.
However, if the unexpired term does not exceed one year
such the vacancy may be filled by executive
appointment. When a an interim vacancy is filled,
the judge selected shall hold office only for the unexpired term of
his predecessor."
SECTION 19. Section 20-7-1370 of the 1976 Code, as last
amended by Act 17 of 1989, is further amended to read:
"Section 20-7-1370. A.(A) No person
shall be is eligible to for the office
of Family Court judge who is not at the time of his assuming the
duties of such the office a citizen of the United
States and of this State, and has not attained the age of twenty-six
years, has not been a licensed attorney at law for at least five years,
and has not been a resident of this State for five years next
preceding his election appointment, and is not a
resident of the circuit wherein where the Family
Court of which he is a judge is located. Notwithstanding any
other provision of law, any A former member of the
General Assembly may be elected appointed to the
office of Family Court judge.
B.(B) Family Court judges must be elected by
the General Assembly appointed by the Governor with
consent by the Senate from a list of nominees submitted by the
Judicial Nominating Commission. Upon a vacancy on the Family
Court and subject to the provisions of Section 14-6-170, the
commission shall select not less than three nor more than five
nominees for the vacancy and submit their names to the Governor.
The Governor shall appoint one nominee for the position whose
name must be submitted to the Senate for confirmation. However,
in the case of an incumbent, only his name may be submitted, and
in this event the Governor may reject such nominee and require
other nominations as though no incumbent occupied such office.
Upon confirmation, a Family Court judge shall serve for
a terms term of six years and until their
successors are elected and qualify his successor is appointed
and qualifies.
If the Senate fails to reject any appointment of the Governor or
the commission within thirty days after its submission, it is
considered to have given its consent to the appointment. If the
Senate rejects any appointment, the same appointment procedure
must be followed again. If no appointment is made on a second
attempt, the Governor shall make the appointment from the original
list of nominees, without the Senate's consent.
C.(C) The terms of all Family Court judges
expire on the thirtieth day of June of the year in which their terms
are scheduled to expire.
D.(D) For the purpose of electing
appointing Family Court judges, if more than one judge is
to be elected appointed from a circuit, each
judgeship in that circuit shall must be serially
numbered beginning with the number (1) and the General
Assembly shall elect Governor shall appoint a judge
for each such judgeship. Any A candidate
for the office of Family Court judge in a circuit shall specifically
file and run for a serially-numbered judgeship in that circuit.
E.(E) When a vacancy occurs for an unexpired
term in an office of Family Court judge, the vacancy must be
filled in the original manner of appointment as prescribed in (B).
However, if the unexpired term does not exceed one year the
vacancy may be filled by the Governor, upon recommendation
of the Chief Justice shall commission a temporary Family Court
judge to fill such vacancy until such time as the General Assembly
shall elect a successor who shall serve for the remainder of the
unexpired term. Such The temporary Family
Court judge shall receive as compensation for his services the salary
paid to a regular Family Court judge and in addition thereto
also shall also receive the subsistence and mileage
as authorized by law for Family Court judges.
When an interim vacancy is filled by appointment, the
incumbent shall hold office only for the unexpired term of his
predecessor. However, the Chief Justice may assign any other
disengaged Family Court judge to hold the courts of the seat until
the vacancy is filled.
(F) At least ninety days before the expiration of a Family
Court judge's term of office, every Family Court judge shall
petition the commission to be retained in office or shall inform the
commission of an intention to retire. If the commission determines
that the Family Court judge is qualified and should be retained in
office, the commission shall forward the incumbent's name to the
Governor with a recommendation that the Family Court judge be
reappointed as provided under Section 14-6-120."
SECTION 20. Section 20-7-1410 of the 1976 Code is amended
to read:
"Section 20-7-1410. The General Assembly
Governor shall elect appoint, pursuant to
Section 20-7-1370, a number of Family Court judges from
each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court judge
must be a resident of each county in the circuit: fifth, seventh,
ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those
judicial circuits made up of three or more counties at least one
Family Court judge must be a resident of one of the counties which
does not have the largest population in the circuit.
No county in the sixth circuit shall have more than one resident
Family Court judge."
SECTION 21. Sections 2-19-70 and 2-19-80 of the 1976 Code
are repealed.
Part III
SECTION 22. This act takes effect on the first day of January
following the ratification of an amendment to Article V of the
Constitution of this State establishing a Judicial Nominating
Commission to assist the Governor in the selection of judges and
justices of the Administrative Law Judge Division, Circuit Court,
Court of Appeals, Supreme Court, Family Court, and other courts
of uniform jurisdiction as provided by the General Assembly.
-----XX----- |