Current Status Bill Number:785 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950426 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:jud6049.jeb Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judicial screening committee
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950426 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; AND TO AMEND SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT CANDIDATES FOR THE FAMILY COURT MUST HAVE BEEN FOUND QUALIFIED BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN JUDICIAL CANDIDATES.
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 a Supreme Court, Court of Appeals, circuit court, family court, or an administrative law 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 Chairman of the Senate Judiciary Committee, one of whom must be an attorney licensed to practice law in this State and one of whom must be from the general public at large and not a lawyer or judge;
(4) two non-legislative members appointed by the Chairman of the Judiciary Committee of the House of Representatives, one of whom must be an attorney licensed to practice law in this State and one of whom must be from the general public at large 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.
The Senate and House of Representatives shall determine how their respective legislative members are selected. The joint committee must meet as soon after its appointment as may be practicable and must elect one of its members as chairman, one as vice-chairman, and other officers as it considers desirable.
(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 20-7-1370 A. of the 1976 Code is amended to read:
"A. No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six, 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, and is not a resident of the circuit wherein the family court of which he is a judge is located, and has not been found qualified for service on the family court by the joint legislative committee charged by law to screen candidates for judicial office. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge."
SECTION 3. The provisions of this act apply only to the review of qualifications of judicial candidates for offices to be filled after January 1, 1996.
SECTION 4. This act takes effect upon approval by the Governor.