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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 Merit Selection 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 election and a copy must be furnished to each candidate and anyone else

(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 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 six members of the Judicial Merit Selection 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 Merit Selection 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) The commission shall make nominations to the General Assembly of candidates for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of three candidates 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 there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names of those who are considered to be qualified, with a written explanation for submitting fewer than three names.

(B) The nominations of the commission for any judgeship are binding on the General Assembly and it may not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names for that position. Further nominations in the manner required by this chapter must be made until the office is filled.

(C) (1) If an incumbent justice or judge does desire reelection, his name must be submitted by the commission to the General Assembly if the commission finds him qualified to serve in the judicial office held. The commission, if it finds an incumbent justice or judge qualified and submits

(2) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for reelection and upon expiration of his then current term of office, he shall cease serving in that judicial position.

(3) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for such office may not be held at that scheduled time and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names of persons other than the incumbent judge it included in its previous nominations.

(D) If the commission submits more than one nomination to the General Assembly for a particular judgeship, including the name of an incumbent justice or judge it finds qualified, the General Assembly shall elect one of these nominees to that judicial office; provided that nothing herein prevents the General Assembly from rejecting all persons so nominated. In this event, the commission shall submit other nominations to the General Assembly for that judicial vacancy, and this procedure shall continue until the judicial vacancy is filled.

(E) If only the name of an incumbent judge or justice is submitted by the commission to the General Assembly, the General Assembly in joint session by recorded public vote shall determine whether or not the judge or justice is to be retained in office. If a majority of those voting vote to retain the judge or justice in office, he is deemed reelected for a new term. If a majority of those voting vote against retaining the judge or justice in office, he is deemed to not be reelected for a new term, and the commission shall then expeditiously proceed in accordance with the provisions of this chapter to submit other nominees to the General Assembly for the vacancy which is created by the expiration of the term of the judge or justice who is not retained in office.

(G) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly, and the date the General Assembly conducts the election for these judgeships.

Section 14-6-160. (A) Before a sitting member of the General Assembly may submit an application with the commission for his nomination by the commission for election to a judicial office and before the commission may accept or consider such an application, the member of the General Assembly shall first resign his office.

(B) The privilege of the floor in either House of the General Assembly may not be granted to a former member during the time his application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.

(C) No person may seek directly or indirectly the pledge of a member of the General Assembly's vote or contact a member of the General Assembly regarding the judicial office until the qualifications of all candidates for that office have been determined by the judicial merit selection commission and the commission has furnished the names of its nominees for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the judicial merit selection commission and the commission has furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the commission. Violations of this section may be considered by the merit selection commission when it considers the applicant's qualifications. Violations of this section by judicial candidates are also a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding ninety days.

Section 14-6-170. The Judicial Merit Selection Commission shall adopt rules necessary to the purposes of the commission which shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. The rules shall address, among other things:

(2) prohibition against ex parte communication with individual members of the commission concerning the qualifications of candidates;

(3) the conduct of proceedings before the commission;

(4) receipt of public statements in support of, or in opposition to, any of the candidates;

(5) private or public hearings when the commission considers it necessary;

(6) meetings in executive session when the commission considers it necessary; and

(7) contacting incumbent judges regarding their desire to seek reelection.

Section 14-6-180. The provisions of Chapter 19 of Title 2 do not apply to the selection and screening of candidates for the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division."

SECTION 2. Section 1-23-510(C) of the 1976 Code, as added by Act 181 of 1993, is deleted.

SECTION 3. 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 4. Section 14-1-215 of the 1976 Code, as last amended by Act 89 of 1995, 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

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 Merit Selection Commission established pursuant to Chapter 6 of Title 14 under procedures it shall establish 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 review of that justice or judge is required until that term would have expired.

(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 and found by the committee to be qualified to serve."

SECTION 5. Section 20-7-1370(A) of the 1976 Code, as last amended by Act 17 of 1989, is further 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 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, and is not a resident of the circuit wherein the Family Court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of Family Court judge.

Any Family Court judge serving in office on the effective date of the provisions of this section requiring a Family Court 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 reelections to the office of Family Court judge."

SECTION 6. Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed.

SECTION 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the

SECTION 8. (A) This act, except as otherwise provided in subsections (B) and (C), takes effect July 1, 1997, and is contingent upon a ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Merit Selection Commission to assist the General Assembly in the election of Supreme Court justices, judges of the Court of Appeals and the Circuit Court, and judges of other courts of this State who are elected by the General Assembly.

(B) Notwithstanding the provisions of subsection (A), upon the approval of this act by the Governor, the powers, duties, and responsibilities of the Joint Committee to Review Judicial Candidates pursuant to Chapter 19 of Title 2 of the 1976 Code are hereby devolved upon the Judicial Merit Selection Commission established by this act and for this purpose the members of the Judicial Merit Selection Commission may be appointed and at this time the commission may organize and adopt rules of procedure. The commission in performing these screening duties shall apply existing provisions of law as applicable without regard to the provisions contained in Chapter 6 of Title 14 as added by this act, and its findings as to candidates' qualifications shall be advisory only and not binding on the General Assembly in the same manner the findings of the legislative screening committee for judicial candidates in regard to their qualifications applied to the General Assembly.

When the amendment to Article V of the Constitution authorizing the establishment of the commission is ratified, the commission shall begin making binding nominations to the General Assembly for judicial vacancies which occur on or after July 1, 1997, in the manner provided in this act. If this amendment to Article V of the Constitution authorizing the establishment of the commission is not ratified, the commission after July 1, 1997, shall continue to act as the legislative screening committee for judicial vacancies which are filled by election of the General Assembly as above provided.

(C) Section 5 of this act takes effect upon ratification of an amendment to Section 15 of Article V of the Constitution of this State providing for a thirty-two-year-old age requirement and a ten-year requirement as a

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROGERS spoke against the amendment.

Rep. ROGERS continued speaking.

Rep. WILKINS spoke in favor of the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

The Senate amendments to the following Bill were taken up for consideration.

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Rep. CARNELL explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason,

Reps. WILKINS and HARRISON proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22822SD.96), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, is 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 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.

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

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:

"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 election 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 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 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 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'."

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

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