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Current Status Bill Number:View additional legislative information at the LPITS web site.302 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:20010208 Primary Sponsor:Ryberg All Sponsors:Ryberg Drafted Document Number:l:\council\bills\skb\18120som01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judicial candidates, Judicial Merit Selection Commission; Courts, Judges, Justices, Supreme, Appeals, Circuit; Elections History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010208 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
PROPOSING AMENDMENTS TO SECTIONS 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDICIARY MEMBERS, SO AS TO PROVIDE REQUIREMENTS BY WHICH JUDGES AND JUSTICES MAY SUCCEED THEMSELVES; AND PROPOSING AN AMENDMENT TO SECTION 27, ARTICLE V, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE QUALIFICATIONS OF INCUMBENT MEMBERS OF THE JUDICIARY SEEKING TO SUCCEED THEMSELVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3, Article V of the Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court shall be elected for their first term by a joint public vote of the General Assembly for a term of ten years, and shall continue in office until their successors shall be elected and qualified, and 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. Members of the Supreme Court may succeed themselves only by being approved to retain their office for an additional term by the qualified electors in a general election conducted with procedures provided in law by the General Assembly."
SECTION 2. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 3, Article V of the Constitution of this State be amended so as to provide that the members of the Supreme Court may only succeed themselves after their initial term if approved by the voters in a retention election and that the procedures for retention elections shall be provided in law by the General Assembly?
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 Section 8, Article V of the Constitution of this State is amended to read:
"Section 8. The members of the Court of Appeals shall be elected for their first term by a joint public vote of the General Assembly for a term of six years and shall continue in office until their successors shall be elected and qualify. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms. Members of the Court of Appeals may succeed themselves only by being approved to retain their office for an additional term by the qualified electors in a general election conducted with procedures provided in law by the General Assembly."
SECTION 4. The proposed amendment in SECTION 3 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 ballot:
"Shall Section 8, Article V of the Constitution of this State be amended so as to provide that the members of the Court of Appeals may only succeed themselves after their initial term if approved by the voters in a retention election and that the procedures for retention elections shall be provided in law by the General Assembly?
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 5. It is proposed that Section 13, Article V of the Constitution of this State be amended to read:
"Section 13. (A) The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall be elected for their first term 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 for a term of six years, and at the time of his election he 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. The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office. Circuit court judges may succeed themselves only by being approved to retain their office for an additional term by the qualified electors in a general election conducted with procedures provided in law by the General Assembly."
SECTION 6. The proposed amendment in SECTION 5 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 ballot:
"Shall Section 13, Article V of the Constitution of this State be amended so as to provide that Circuit Court judges may only succeed themselves after their initial term if approved by the voters in a retention election and that the procedures for retention elections shall be provided in law by the General Assembly, and to delete the requirement of at-large Circuit Court judges?
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 7. It is proposed that Section 27, Article V of the Constitution of this State be amended to read:
"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 or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law.
The commission shall review the qualifications of an incumbent member of the judiciary who has filed a declaration of candidacy for election to succeed himself as provided in law by the General Assembly."
SECTION 8. The proposed amendment in SECTION 5 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 ballot:
"Shall Section 27, Article V of the Constitution of this State be amended so as to provide that the Judicial Merit Selection Commission shall review the qualifications of an incumbent member of the judiciary who has filed a declaration of candidacy for election to succeed himself as provided in law by the General Assembly?
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'."
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