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Bill 3667

                    Current Status

Bill Number:                      3667
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990304
Primary Sponsor:                  J. Smith
All Sponsors:                     J. Smith and Lourie
Drafted Document Number:          l:\council\bills\bbm\9042som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Probate judge, qualifications of; Courts, 
                                  Probate courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990304  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS NECESSARY TO HOLD THE OFFICE OF PROBATE JUDGE, SO AS TO PROVIDE THE CANDIDATE MUST MEET THE CONSTITUTIONAL REQUIREMENTS FOR PERSONS ELECTED TO OFFICE AND TO PROVIDE CANDIDATES MUST BE ATTORNEYS WITH AT LEAST FIVE YEARS OF EXPERIENCE PRACTICING LAW, AND TO PROVIDE THAT A PROBATE JUDGE SERVING ON JULY 1, 1999, OR SEEKING REELECTION AFTER THAT DATE, NEED NOT MEET THESE QUALIFICATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 14-23-1040. No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State. (A) A person is not eligible to hold the office of judge of the probate court unless the candidate possesses the following qualifications:

(1) citizen of the United States;

(2) qualified elector of the county in which he seeks to be judge;

(3) meets the requirements of Section 1, Article VI of the State Constitution;

(4) is at least thirty years old; and

(5) is a licensed attorney at law in this State for at least five years.

(B) The provisions of subsection (A) do not apply to a probate judge serving on July 1, 1999, during the judge's tenure in office or if the judge seeks reelection.

(C) After July 1, 1999, the provisions of subsection (A) apply to a person appointed to fill a vacancy in the office of probate judge."

SECTION 2. This act takes effect July 1, 1999, and applies to all vacancies in and elections for the office of probate judge filled after the effective date except as otherwise provided.

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