H*4423(Rat #0752, Act #0610 of 1990)  General Bill, By  House Judiciary
 A Bill to amend Section 14-5-610, Code of Laws of South Carolina, 1976,
 relating to the judicial circuits of this State and the number of circuit
 judges to be elected for the State, so as to authorize certain additional
 resident and at-large circuit judges; to amend the 1976 Code by adding Section
 14-1-215 so as to permit retired judges or justices of this State to be
 assigned by the Chief Justice of the Supreme Court to preside over official
 proceedings in particular courts under certain conditions; to amend Section
 9-8-120, relating to the authorization for justices or judges who are retired
 under the Judicial Retirement System to perform judicial duties in certain
 courts, so as to conform the provisions of this Section to the limitations
 contained in Section 14-1-215, and to require a retired judge or justice to
 make an election upon retirement as to whether or not he wishes to practice
 law or be eligible for appointment to serve as a judge or justice in the
 courts of this State in the manner authorized by law; to amend the 1976 Code
 by adding Section 14-1-216 so as to provide that no active family court judge
 may be assigned to preside over any official proceeding in the circuit court;
 to amend the 1976 Code by adding Section 2-19-80 so as to provide that where
 the screening committee finds an incumbent judge for a family court, circuit
 court, court of appeals, or Supreme Court judgeship not qualified for the
 office sought or an incumbent withdraws or dies before the election, the
 election for that office may not be held until additional candidates have been
 given an opportunity to file for election to the office, hearings on these
 candidates, if necessary, have been conducted, and the committee has rendered
 its report concerning these additional candidates; to provide that no
 candidate for judicial office may seek directly the pledge of a member of the
 General Assembly's vote until the qualifications of all candidates for that
 office have been determined by the screening committee, nor may a member offer
 the pledge until the qualifications of all candidates for that office have
 been determined by the screening committee; to provide that a retired judge or
 justice may draw retirement compensation while employed by a public
 institution of education under certain conditions; and to provide for the
 effective dates of the above provisions.-amended title

   01/18/90  House  Introduced, read first time, placed on calendar
                     without reference HJ-19
   01/25/90  House  Debate adjourned until Tuesday, January 30, 1990 HJ-31
   01/25/90  House  Special order, set for Wednesday, January 31,
                     1990 at 2:30 p.m. (Under H 4496) HJ-38
   01/31/90  House  Amended HJ-19
   01/31/90  House  Read second time HJ-33
   02/01/90  House  Read third time and sent to Senate HJ-25
   02/06/90  Senate Introduced and read first time SJ-16
   02/06/90  Senate Referred to Committee on Judiciary SJ-16
   03/21/90  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   04/24/90  Senate Amended SJ-36
   05/02/90  Senate Special order SJ-21
   05/09/90  Senate Debate interrupted SJ-37
   05/10/90  Senate Debate interrupted SJ-38
   05/29/90  Senate Debate interrupted SJ-24
   05/31/90  Senate Amended SJ-50
   05/31/90  Senate Read second time SJ-54
   05/31/90  Senate Ordered to third reading with notice of
                     amendments SJ-54
   06/04/90  Senate Special order SJ-19
   06/05/90  Senate Amended SJ-39
   06/05/90  Senate Read third time and returned to House with
                     amendments SJ-53
   06/06/90  House  Senate amendment amended HJ-17
   06/06/90  House  Returned to Senate with amendments HJ-32
   06/07/90  Senate Non-concurrence in House amendment SJ-33
   06/07/90  House  House insists upon amendment and conference
                     committee appointed Reps. Wilkins, Gentry &
                     Hayes HJ-29
   06/07/90  Senate Conference committee appointed Sens. Holland,
                     Stilwell, Mullinax SJ-33
   06/07/90  House  Conference report received and adopted HJ-68
   06/19/90  Senate Conference report received and adopted SJ-40
   06/19/90  Senate Ordered enrolled for ratification SJ-40
   06/19/90         Ratified R 752
   06/25/90         Signed By Governor
   06/25/90         Effective date 07/01/91
   06/25/90         Act No. 610
   06/25/90         See act for exception to or explanation of
                     effective date
   07/25/90         Copies available

AN ACT TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PERMIT RETIRED JUDGES OR JUSTICES OF THIS STATE TO BE ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER OFFICIAL PROCEEDINGS IN PARTICULAR COURTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215, AND TO REQUIRE A RETIRED JUDGE OR JUSTICE TO MAKE AN ELECTION UPON RETIREMENT AS TO WHETHER OR NOT HE WISHES TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE AS A JUDGE OR JUSTICE IN THE COURTS OF THIS STATE IN THE MANNER AUTHORIZED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-80 SO AS TO PROVIDE THAT WHERE THE SCREENING COMMITTEE FINDS AN INCUMBENT JUDGE FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP NOT QUALIFIED FOR THE OFFICE SOUGHT OR AN INCUMBENT WITHDRAWS OR DIES BEFORE THE ELECTION, THE ELECTION FOR THAT OFFICE MAY NOT BE HELD UNTIL ADDITIONAL CANDIDATES HAVE BEEN GIVEN AN OPPORTUNITY TO FILE FOR ELECTION TO THE OFFICE, HEARINGS ON THESE CANDIDATES, IF NECESSARY, HAVE BEEN CONDUCTED, AND THE COMMITTEE HAS RENDERED ITS REPORT CONCERNING THESE ADDITIONAL CANDIDATES; TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE MAY SEEK DIRECTLY THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY'S VOTE UNTIL THE QUALIFICATIONS OF ALL CANDIDATES FOR THAT OFFICE HAVE BEEN DETERMINED BY THE SCREENING COMMITTEE, NOR MAY A MEMBER OFFER THE PLEDGE UNTIL THE QUALIFICATIONS OF ALL CANDIDATES FOR THAT OFFICE HAVE BEEN DETERMINED BY THE SCREENING COMMITTEE; TO PROVIDE THAT A RETIRED JUDGE OR JUSTICE MAY DRAW RETIREMENT COMPENSATION WHILE EMPLOYED BY A PUBLIC INSTITUTION OF EDUCATION UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR THE EFFECTIVE DATES OF THE ABOVE PROVISIONS.

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

Additional circuit judges authorized

SECTION 1. Section 14-5-610 of the 1976 Code is 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 judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.

In addition to the above judges authorized by this section, there must be ten 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. 10 respectively."

Retired judges or justices may preside in certain courts

SECTION 2. The 1976 Code is amended by adding:

"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals or circuit 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. 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 by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within two years of the date of his appointment to serve."

Conformity to limitations

SECTION 3. Section 9-8-120(3) of the 1976 Code is amended to read:

"(3) Subject to the limitations contained in Section 14-1-215, a retired justice or judge may be called upon and appointed by the Chief Justice of the Supreme Court to perform judicial duties in the Supreme Court, Court of Appeals, circuit courts, and family courts as he may be willing and able to undertake. A retired justice or judge serving as an acting associate justice or as a judge shall serve without pay except for his actual expenses while serving. If a retired justice or judge has performed for a period of three or more consecutive months full judicial duties as an acting associate justice or as a judge his retirement pay for each full month during this period must be increased by an amount equal to the difference between retirement payment and active pay. Upon certification by the Chief Justice setting forth the number of full months of the service the State Treasurer shall make payment accordingly."

Prohibition against assignment

SECTION 4. The 1976 Code is amended by adding:

"Section 14-1-216. No active family court judge may be assigned to preside over any official proceeding in the circuit court."

Election required of retiring judges and justices

SECTION 5. Section 9-8-120(4) of the 1976 Code, as last amended by an act of 1990 bearing ratification number 557, is further amended to read:

"(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State."

Prohibition against pledging

SECTION 6. No candidate for judicial office may seek directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee.

Reopening of filing where incumbent judge withdraws, dies, or is found not qualified

SECTION 7. The 1976 Code is amended by adding:

"Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates."

Retirement compensation authorized if employed by public institution of education

SECTION 8. Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof.

Time effective

SECTION 9. This act takes effect July 1, 1991, except that: (1) upon approval of this act by the Governor, the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code may begin screening candidates for the additional circuit judgeships authorized by this act and the General Assembly may elect these circuit judges, who shall take office on July 1, 1991; (2) the provision of this act relating to the practice of law by a retired judge or justice shall take effect upon approval by the Governor; (3) the provisions of this act relating to a justice or judge's employment by an institution of public education shall take effect upon approval by the Governor.

Approved the 25th day of June, 1990.