South Carolina General Assembly
116th Session, 2005-2006

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Bill 4921


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF RETIRED JUSTICES AND JUDGES QUALIFICATIONS FOR CONTINUED JUDICIAL SERVICE, SO AS TO PROVIDE THAT BEGINNING JANUARY 1, 2007, UPON A RETIRED JUSTICE OR JUDGE BEING REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE, THE HOUSE OF REPRESENTATIVES AND THE SENATE MEETING IN JOINT ASSEMBLY BY MAJORITY VOTE MUST RATIFY THE FINDINGS OF THE JUDICIAL MERIT SELECTION COMMISSION IN ORDER FOR THE RETIRED JUSTICE OR JUDGE TO BE ELIGIBLE FOR APPOINTMENT.

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

SECTION    1.    Section 2-19-100 of the 1976 Code is amended to read:

"Section 2-19-100.    (A)    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 four 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.

(B)    Beginning January 1, 2007, upon a retired justice or judge being reviewed by the Judicial Merit Selection Commission and found qualified to serve, the House of Representatives and the Senate meeting in joint assembly by majority vote must ratify the findings of the Judicial Merit Selection Commission in order for the retired justice or judge to be eligible for appointment."

SECTION    2.    This act takes effect upon approval by the Governor.

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