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(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.

(E) 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 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session.

Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the 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 review of that justice or judge is required until that term would have expired.

Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration."

SECTION 2. Title 2 of the 1976 Code is amended by adding:

Section 2-20-10. Except as otherwise provided in Section 58-3-26, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.

Section 2-20-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek the office from any candidate as provided by Section 2-20-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of the notices has expired.

(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.

(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of the vacancy.

(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the State at large, each member of the General Assembly shall receive the notice.

Nothing in this section prevents the joint committee from providing notices other than those required by this section, which the committee believes are appropriate.

Section 2-20-20. Any person wishing to seek an office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee. Upon receipt of the notice of intention, the joint committee shall begin to conduct investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. The agency shall, upon request, cooperate fully with the joint committee.

Section 2-20-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. The hearing shall be conducted no later than two weeks prior to the date set in the election resolution for the 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. These 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.

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.

Section 2-20-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee.

Section 2-20-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not the candidate be an incumbent, and no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the joint committee chairman upon recommendation of the joint committee may determine that a public hearing is unnecessary and shall not be held, but no election shall be held prior to this determination.

Section 2-20-50. All records, information, and other material that the joint committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the joint committee 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 shall be destroyed.

Section 2-20-60. The joint committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the joint committee.

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction,

In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee may issue to the person an order requiring him to appear before the joint committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee and shall be signed by the joint committee chairman. Subpoenas shall be issued to those persons as the joint committee may designate."

SECTION 3. 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 eight 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 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 the office of family court judge."

SECTION 4. Section 14-1-215 of the 1976 Code is 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

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 reviewed in the manner provided in Section 2-19-10 et seq. 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 14-11-20 of the 1976 Code is amended to read:

"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six thirty-two years upon his appointment, has not been a licensed attorney for at least five eight years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.

Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.

A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited

SECTION 6. 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 constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 7. (A) This act, except as otherwise provided in subsections (B), (C), and (D) of this section, 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 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

(C) Section 3 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 an eight-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the circuit court.

(D) Sections 4 and 5 take effect upon approval of this act by the Governor./

Amend title to conform.

/s/Glenn F. McConnell .......... /s/Francis G. "Greg" Delleney, Jr.
/s/Thomas L. Moore .......... /s/William D. "Doug" Smith
/s/John E. Courson .......... /s/Ronald N. Fleming

On Part of the Senate. .......... On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

I was out of the Chamber when the vote was taken on H. 3961. As a longtime advocate of judicial reform, including many changes that are addressed by this Bill, I ask that I be reflected as voting "yes".

Rep. JOSEPH T. McELVEEN, JR.

I was in the Senate Chamber when H. 3961 was given two-thirds affirmative vote for consideration of the Conference Report. I was following my Convicted Felon Bill on the Senate floor. Had I been here, I would have voted in favor of Free Conference like I did earlier as well as having voted in favor of the Conference Report.

Rep. JAMES L.M. CROMER, JR.

I did not vote for H. 3961 giving Free Conference powers nor for the Conference Report because I believe the Bill to be a form of systemic discrimination against minorities and females, especially African-Americans. These two groups are few in number in the General Assembly and would not be able to compete fairly with the white male majority members of the General Assembly who hold power.

We have not reached the stage of human existence where there is assurance that race or sex is not a factor in the decision making process. As written the Judicial Reform Bill only builds in the advantages of the majority power.

I agree that Legislators should retire before running for Judgeship; I also agree that a Panel should include non-Legislators. However, I cannot vote for legislation that creates additional hardship for African-Americans and their aspirations.

Rep. LUCILLE S. WHIPPER

Rep. DELLENEY moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3962 -- Reps. 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: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO 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, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison              Bailey               Beck
Boan                 Brown, G.            Brown, H.
Brown, J.            Byrd                 Cain
Canty                Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harvin               Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jennings             Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Martin
Mason                McCraw               McElveen
McKay                McTeer               Meacham
Moody-Lawrence       Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Townsend             Trotter              Tucker
Waldrop              Walker               Wells
Whatley              Wilder               Wilkins

Witherspoon          Wofford              Wright
Young                Young-Brickell       

Those who voted in the negative are:

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

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