Current Status Bill Number:658 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950323 Primary Sponsor:Waldrep All Sponsors:Waldrep Drafted Document Number:JUD6022.RLW Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judicial candidates joint screening committee
Body Date Action Description Com Leg Involved
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Senate 19950323 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; TO AMEND SECTION 2-19-20, RELATING TO THE FILING OF THE NOTICE OF INTENTION WITH THE COMMITTEE, SO AS TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY BE ELECTED TO A JUDICIAL OFFICE WHILE SERVING IN THE GENERAL ASSEMBLY; TO AMEND SECTION 2-19-30, RELATING TO HEARINGS ON QUALIFICATIONS OF CANDIDATES, SO AS TO PROVIDE THAT THE COMMITTEE MUST MAKE SPECIFIC FINDINGS AS TO EACH CANDIDATE'S QUALIFICATIONS; TO AMEND SECTION 2-19-80, RELATING TO REOPENING OF FILING WHERE AN INCUMBENT JUDGE WITHDRAWS, DIES, OR IS FOUND NOT QUALIFIED, SO AS TO ADD A REFERENCE TO ADMINISTRATIVE LAW JUDGES; AND TO ADD SECTION 2-19-90 SO AS TO ESTABLISH A PROCEDURE FOR THE SOUTH CAROLINA BAR ASSOCIATION TO PROVIDE ASSESSMENTS CONCERNING CANDIDATES FOR JUDICIAL OFFICES TO THE JOINT LEGISLATIVE COMMITTEE REVIEWING CANDIDATES FOR THESE OFFICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, including except for members of the judiciary and the Public Service Commission, 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 must meet as soon after its appointment as may be practicable and shall must elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable.
(B) When an election is to be held in joint session and the office to be filled is an administrative law, family court, circuit court, court of appeals, or Supreme Court judgeship, the joint committee must be composed of twelve members as follows:
(1) four members of the House of Representatives;
(2) four members of the Senate;
(3) two non-legislative members appointed by the President Pro Tempore of the Senate, one of whom must be a licensed attorney at law and one of whom must be from the general public and not a lawyer or judge;
(4) two non-legislative members appointed by the Speaker of the House, one of whom must be a licensed attorney at law and one of whom must be from the general public and not a lawyer or judge.
In making appointments to the joint committee, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State.
The terms of office for these non-legislative members is for two years from the date of appointment with vacancies to be filled in the manner of original appointment.
(C) The joint committee to consider the qualifications of candidates for the Public Service Commission is provided in Section 58-3-26."
SECTION 2. Section 2-19-20 of the 1976 Code is amended to read:
"Section 2-19-20. (A) Any person wishing to seek an office, which is elected by the General Assembly, except as provided in subsection (B), shall file a notice of intention to seek the office with the joint committee. Upon receipt of such notice of intention, the joint committee shall begin to conduct such investigation of the candidate as it deems considers appropriate and may in such investigation utilize the services of any agency of State state government. Any such agency shall, upon request, cooperate fully with the joint committee.
(B) No member of the General Assembly shall be elected to any judicial office while serving in the General Assembly. A member of the General Assembly who has filed a notice of intention to seek judicial office must resign his seat prior to the date the screening report is released by the joint committee, unless the member withdraws his candidacy prior to the screening report's release. If a member resigns his seat pursuant to this subsection, the resignation may not be revoked."
SECTION 3. Section 2-19-30 of the 1976 Code, as last amended by Act of 1993, is further amended to read:
"Section 2-19-30. (A) Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. Such statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
(B) For judicial offices, the committee shall examine each candidate and make specific findings as to his degree of qualification in the following areas: integrity and impartiality; legal knowledge and ability; professional experience; judicial temperament; diligence and industry; mental and physical capabilities; financial responsibility; public service; and ethics.
(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 shall be transcribed and published in the Journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
(D) A candidate may withdraw at any stage of the proceedings and in such event no further inquiry, report on, or consideration of his candidacy shall be made."
SECTION 4. Section 2-19-80 of the 1976 Code is amended to read:
"Section 2-19-80. Where the joint committee finds an incumbent judge for an administrative law, family court, circuit court, court of appeals Court of Appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates."
SECTION 5. Chapter 19, Title 2 of the 1976 Code is amended by adding:
"Section 2-19-90. Where the election to be held is for an administrative law, family court, circuit court, Court of Appeals, or Supreme Court judgeship, the chairman of the joint committee shall notify the president of the South Carolina Bar Association of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the hearing, as scheduled pursuant to this chapter. The chairman of the joint committee shall also request the association to offer to the committee an assessment of each candidate's qualifications for the judgeship sought, and the date by which the assessment must be returned to the committee. This assessment must specify the association's finding as to whether each candidate is unqualified or qualified for the judgeship sought. The committee may receive the association's assessment in that form and at that time it desires but shall attach the assessment to its findings of fact.
Failure of the association to return the assessment by the date requested is not grounds for delaying the applicable hearings or election."
SECTION 6. The provisions of this chapter apply only to the review of qualifications of judicial candidates for offices to be filled after January 1, 1996.
SECTION 7. This act takes effect upon approval by the Governor.