Current Status Bill Number:3962 Ratification Number:479 Act Number:471 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950406 Primary Sponsor:Wilkins All Sponsors:Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer Drafted Document Number:gjk\21673sd.95 Date Bill Passed both Bodies:19960529 Date of Last Amendment:19960529 Governor's Action:U Signature of Governor not required Date of Governor's Action:19960530 Subject:Judicial Merit Selection Commission
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960829 Act No. A471 ------ 19960530 Signature of Governor not required ------ 19960530 Ratified R479 Senate 19960529 Ordered enrolled for ratification Senate 19960529 Free Conference Committee Report 89 SFCC adopted Senate 19960529 Free Conference Powers granted, 89 SFCC McConnell appointed Senators to Committee Moore of Free Conference Courson House 19960528 Free Conference Committee Report 99 HFCC adopted House 19960528 Free Conference Powers granted, 99 HFCC Delleney appointed Reps. to Committee of D. Smith Free Conference Fleming Senate 19960523 Reconsidered vote whereby Free 89 SFCC McConnell Conference Powers were granted Moore and Senators appointed to Committee Courson of Free Conference Senate 19960523 Reconsidered vote whereby Free Conference Committee Report was adopted House 19960523 Free Conference Powers rejected Senate 19960522 Free Conference Committee Report 89 SFCC adopted Senate 19960522 Free Conference Powers granted, 89 SFCC McConnell appointed Senators to Committee Moore of Free Conference Courson Senate 19960515 Conference powers granted, 88 SCC McConnell appointed Senators to Committee Moore of Conference Courson House 19960514 Conference powers granted, 98 HCC Delleney appointed Reps. to Committee of D. Smith Conference Fleming House 19960514 Insists upon amendment Senate 19960509 Non-concurrence in House amendment House 19960508 Senate amendments amended, returned to Senate with amendment Senate 19960502 Amended, read third time, returned to House with amendment Senate 19960404 Read second time, ordered to third reading with notice of general amendments Senate 19960404 Amended Senate 19960327 Committee report: Favorable with 11 SJ amendment Senate 19950601 Introduced, read first time, 11 SJ referred to Committee House 19950531 Read third time, sent to Senate House 19950531 Objection withdrawn by Representative Scott House 19950530 Amended, read second time House 19950518 Objection by Representative Hodges Scott Wilkes Knotts Kirsh Lloyd Moody- Lawrence Huff R. Smith Harrison D. Smith Byrd Inabinett Howard Easterday House 19950516 Committee report: Favorable with 25 HJ amendment House 19950406 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A471, R479, H3962)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE REELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Qualifications of justices and judges
SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, be amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."
Question
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:
"Shall Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?
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'."
Judicial Merit Selection Commission; persons eligible
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."
Question
SECTION 4. 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:
"Shall Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?
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'."
Ratified the 30th day of May, 1996.