Current Status Bill Number:4229 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970527 Primary Sponsor:F. Smith All Sponsors:F. Smith and McMahand Drafted Document Number:egm\18619djc.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Circuit court judges, election of, residency requirements; Courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970527 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE ELECTION OF ADDITIONAL JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO CHANGE THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT; TO DELETE THE PROVISIONS RELATING TO THE ELECTION OF ADDITIONAL JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO REQUIRE THAT ALL JUDGES BE RESIDENTS OF THE JUDICIAL CIRCUIT FROM WHICH THEY ARE ELECTED; AND TO PROVIDE THAT PERSONS SERVING AS CIRCUIT JUDGES ON THE EFFECTIVE DATE OF THE CONSTITUTIONAL PROVISION PROVIDING FOR THE POPULAR ELECTION OF CIRCUIT JUDGES SHALL CONTINUE TO SERVE FOR THE TERM FOR WHICH THEY WERE ELECTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-5-610 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:
(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
(5) The fifth circuit is composed of the counties of Kershaw and Richland.
(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
(9) The ninth circuit is composed of the counties of Charleston and Berkeley.
(10) The tenth circuit is composed of the counties of Anderson and Oconee.
(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
(12) The twelfth circuit is composed of the counties of Florence and Marion.
(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
(16) The sixteenth circuit is composed of the counties of York and Union.
One Two judge judges must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two Three judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three Four judges must be elected from the fifth, ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 respectively.
Persons serving as circuit judges on the effective date of the constitutional provision providing for the popular election of circuit judges shall continue to serve for the term for which they were elected."
SECTION 2. This act takes effect upon ratification of an amendment to Section 13, Article V of the Constitution of South Carolina, 1895, providing that the qualified voters of each judicial circuit shall elect the judges for the judicial circuits.