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Printed Page 4210, May 30
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| The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\22001SD.95), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 3, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 3. The members of the Supreme Court shall be elected by a joint public vote of the General Assembly must be appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission. Upon a vacancy on the Supreme Court and except as otherwise provided in this article, the Judicial Merit Selection 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
If the commission submits at least three names to the Governor, he must select one of these nominees. If the commission submits fewer than three names to the Governor, he may reject the persons so nominated and require further nominations from the commission. Upon appointment, members shall serve for a term of ten years, and shall continue in office until their successors shall be elected are appointed and qualified qualify., and The terms of members of the Supreme Court shall be classified so that the term of one of them shall expire every two years. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded.
Any Supreme Court Justice serving in office on the effective date of the ratification of the provisions of this section providing for the appointment of Supreme Court Justices by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission shall continue to serve until his then current term of office expires."
SECTION 2. It is proposed that Section 8, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 8. The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly must be appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission. Upon a vacancy on the Court of Appeals and except as otherwise provided in this article, the Judicial Merit Selection 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. If fewer than three persons apply to fill the vacancy or if the commission concludes that there are fewer than three candidates qualified for the vacancy, it shall report to the Governor only the names of those who apply and are determined to be qualified, with a written explanation for submitting fewer than three names. In addition, the commission by unanimous vote of all members present and voting may submit more than five nominees to the Governor.
If the commission submits at least three names to the Governor, he must select one of these nominees. If the commission submits fewer than three names to the Governor, he may reject the persons so nominated and
Any Judge of the Court of Appeals serving in office on the effective date of the ratification of the provisions of this section providing for the appointment of Court of Appeals Judges by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission shall continue to serve until his then current term of office expires."
SECTION 3. It is proposed that Section 13, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall must be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded. He shall hold office appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission. Upon a vacancy on the Circuit Court and except as otherwise provided in this article, the Judicial Merit Selection 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. If fewer than three persons apply to fill the vacancy or if the commission concludes that there are fewer than three candidates qualified for the vacancy, it shall report to the Governor only the names of those who apply and are determined to be qualified, with a written explanation for submitting fewer than three names. In addition, the commission by unanimous vote of all members present and voting may submit more than five nominees to the Governor.
If the commission submits at least three names to the Governor, he must
select one of these nominees. If the commission submits fewer than three names
to the Governor, he may reject the persons so nominated and require further
nominations from the commission. Upon appointment, a Circuit Court Judge
shall serve for a term of six years, and until his successor is appointed
and qualifies. At the time of his appointment, and at the time of his
election he the judge shall be an elector of a county of, and during
his continuance in office he shall reside in, the circuit of which he is judge.
Any Judge of the Circuit Court serving in office on the effective date of the ratification of the provisions of this section providing for the appointment of Circuit Court Judges by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission shall continue to serve until his then current term of office expires."
SECTION 4. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 17. At least six months prior to the expiration of a justice's or judge's term of office which is filled by appointment of the Governor from a list of nominations submitted by the Judicial Merit Selection Commission, the justice or judge shall petition the Judicial Merit Selection Commission to be retained in office or shall inform the commission of his intention to retire. The commission shall review the incumbent's qualifications if he desires to be retained in office using the same criteria that apply to any other applicants to fill the vacancy. If at least eight members of the commission do not vote to deny retaining the incumbent judge in office, he is retained in such office for another term and must be so appointed by the Governor. If at least eight members of the commission vote to deny retaining the incumbent judge in office, he shall not be deemed retained in office by the commission, but the commission in its discretion may include the name of the incumbent judge in its list of nominees to be submitted to the Governor. In this event, the commission shall then 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. If fewer than three persons apply to fill a vacancy or if the commission concludes that there are fewer than three candidates qualified for a vacancy, it shall report to the Governor only the names of those who apply and are determined to be qualified, with a written explanation for submitting fewer than three names. In addition, the commission by unanimous vote of all members present and voting may submit more than five nominees to the Governor.
If the commission submits at least three names to the Governor, he must
select one of these nominees. If the commission submits fewer than three names
to the Governor, he may reject the persons so nominated and require further
nominations from the commission.
SECTION 5. It is proposed that Section 18, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled by elections appointment as prescribed in Sections 3, 8, and 13 of this article; provided, that if the unexpired term does not exceed one year such vacancy may be filled by the Governor as provided by law. When such a vacancy is filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."
SECTION 6. It is proposed that Article V of the Constitution of South Carolina, 1895, is amended by adding:
"Section 27. (A) There is created the South Carolina Judicial Merit Selection Commission to consider the qualifications and fitness of judicial candidates and to assist the Governor in the selection of qualified justices and judges to all judicial vacancies on the Circuit Court, Court of Appeals, Supreme Court, and those other courts of uniform jurisdiction as the General Assembly may provide by law. The commission shall nominate not less than three nor more than five persons who are deemed best qualified among all applicants for a vacancy on any of these courts, except where fewer than three persons apply to fill the vacancy or where the commission concludes that there are fewer than three candidates qualified to fill the vacancy in which case only the names of candidates who apply and are determined to be qualified shall be submitted, and except that the commission by unanimous vote of all members present and voting may submit more than five nominees to the Governor. The Governor shall appoint persons from among those nominated by the commission to fill vacancies on these courts.
(B) In the case of an incumbent judge, if at least eight members of the commission do not vote to deny retaining the incumbent judge in office, he is retained in such office for another term and must be so appointed by the Governor. If at least eight members of the commission vote to deny retaining the incumbent judge in office, he shall not be deemed retained in office by the commission, but the commission in its discretion may include the name of the incumbent judge in its list of nominees to be
(C) The General Assembly by law shall provide for the establishment of the Judicial Merit Selection Commission and for its membership, duties, functions, and procedures.
(D) A serving member of the General Assembly or a person who is or has been employed in the office of a sitting Governor may not be appointed by him to a judicial office which he fills by appointment upon nominations by the Judicial Merit Selection Commission. The General Assembly by law may also limit the amount of political contributions which may be made by a person to gubernatorial candidates or sitting Governors in order to be eligible for appointment to these judicial offices."
SECTION 7. The proposed amendments must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 3, Article V, of the Constitution of South Carolina,
1895, relating to the Supreme Court; Section 8, Article V, relating to the Court
of Appeals; Section 13, Article V, relating to the judicial circuits and the
courts thereof; Section 17, Article V, relating to the removal or retirement of
judges of the unified court system; and Section 18, Article V, relating to
vacancies in the Supreme Court, Court of Appeals, and the Circuit Court, be
amended so as to provide that judges of these courts and other courts of uniform
jurisdiction as the General Assembly may provide by law must be appointed by the
Governor from a list of nominees submitted by the South Carolina Judicial Merit
Selection Commission which shall be established by adding Section 27 to Article
V for the purpose of nominating candidates for these judicial offices, and to
provide that a serving member of the General Assembly, a person who has made
political contributions to a gubernatorial candidate or Governor above an amount
set by law, and a person who is or has been employed in the office of a sitting
Governor may not be appointed by him to a judicial office which he fills by
appointment upon nominations by the commission?
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'."
"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 selection a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five ten years, and has not been a resident of this State for five years next preceding his election selection.
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 ten 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 selections to that judicial office."
SECTION 9. 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 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 selection to these offices, to increase from
five to ten the number of years which a person must have been a licensed
attorney at law in order to be eligible for selection 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 ten 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 selections 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'."/
Amend totals and title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
Pursuant to the provisions of the Constitution the yeas and nays were taken on
the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe
Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Wofford Worley Wright Young, A.
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.
If I was in the Chamber on this vote I would have voted yes!
Rep. DAVE C. WALDROP, JR.
Rep. J. BROWN moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Reps. COTTY, CROMER and HUFF a leave of the House due to a Conference Committee meeting.
The following Bill was taken up.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe,
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