H 4802 General Bill, By Harrison
 A Bill to amend Section 14-1-215, as amended, Code of Laws of South Carolina,
 1976, relating to retired judges or justices being assigned to preside in
 certain courts by the Chief Justice, so as to add family court judges to the
 list of judges who may be assigned, to provide that all such judges and
 justices may serve in any court within the Unified Judicial System, and to
 revise the eligibility requirements applicable to such judges or justices in
 order for them to be so assigned.

   03/21/96  House  Introduced and read first time HJ-8
   03/21/96  House  Referred to Committee on Judiciary HJ-8
   04/10/96  House  Committee report: Favorable Judiciary HJ-6
   04/17/96  House  Read second time HJ-22
   04/18/96  House  Read third time and sent to Senate HJ-14
   04/23/96  Senate Introduced and read first time SJ-27
   04/23/96  Senate Referred to Committee on Judiciary SJ-27

COMMITTEE REPORT

April 10, 1996

H. 4802

S. Printed 4/10/96--H.

Read the first time March 21, 1996.

To whom was referred a Bill (H. 4802), to amend Section 14-1-215, as amended, Code of Laws of South Carolina, 1976, relating to retired judges or justices, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED TO PRESIDE IN CERTAIN COURTS BY THE CHIEF JUSTICE, SO AS TO ADD FAMILY COURT JUDGES TO THE LIST OF JUDGES WHO MAY BE ASSIGNED, TO PROVIDE THAT ALL SUCH JUDGES AND JUSTICES MAY SERVE IN ANY COURT WITHIN THE UNIFIED JUDICIAL SYSTEM, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO SUCH JUDGES OR JUSTICES IN ORDER FOR THEM TO BE SO ASSIGNED.

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

SECTION 1. Section 14-1-215 of the 1976 Code, as last amended by Act 89 of 1995, is further amended to read:

"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or circuit court, or family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any Circuit Court of this State serve as a judge or justice in any court within the unified judicial system. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the Family Court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any Family Court of this State.

In order to be eligible to be appointed assigned by the Chief Justice to serve, any retired justice or judge or justice of this State must have been screened in the manner provided in Section 2-19-10 under procedures the committee shall establish and found by the committee to be qualified to serve in these situations within two years of the date of his appointment the assignment to serve, except that if a justice or judge or justice retired before the expiration of his or her then current term, no further screening of that justice or judge or justice 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 2. This act takes effect upon approval by the Governor.