H 3363 Session 110 (1993-1994)
H 3363 General Bill, By R.S. Corning
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 6
to Title 14 so as to create the Judicial Nominating Commission and to
establish its powers and duties; to amend Sections 2-19-10, relating to the
Joint Legislative Committee to Review Candidates, so as to delete provisions
on electing the members of the Judiciary; 14-1-215, as amended, relating to
retired judges or justices presiding in certain courts, so as to provide for
screening by the Judicial Nominating Commission; 14-3-10, relating to the
composition of the Supreme Court, so as to provide that they be appointed by
the Governor instead of elected by the General Assembly; 14-3-20, relating to
the qualifications of Justices of the Supreme Court, so as to provide for
their appointment by the Governor instead of election by the General Assembly;
14-3-40, relating to the vacancies in the Supreme Court, so as to provide
appointment to fill a vacancy; 14-5-110, relating to the qualification of
circuit court judge, so as to provide for the appointment; 14-5-160, relating
to the assignment of a judge to fill a vacancy, so as to provide the procedure
to fill a vacancy; 14-5-610, as amended, relating to judicial circuits and
election of judges, so as to provide for their appointment by the Governor and
screening by the Judicial Nominating Commission; 14-8-20, relating to the
election of judges of the Court of Appeals, so as to provide for their
appointment; 14-8-30, relating to the qualifications of judges of the Court of
Appeals, so as to provide for appointment by the Governor; 14-8-40, relating
to the oath of office, so as to provide for appointment by the Governor;
14-8-60, relating to the vacancies on the Court of Appeals, so as to provide
for the procedure to fill a vacancy; 20-7-1370, as amended, relating to the
qualifications and terms of family court judges, so as to provide for
appointment by the Governor; 20-7-1410, relating to the initial election of
family court judge, so as to provide for appointment by the Governor; to
repeal Sections 2-19-70 and 2-19-80, relating to the prohibition against
pledging and reopening of filing where incumbent judges withdraw, die, or are
found not qualified, respectively; and to provide that the above provisions
take effect upon ratification of an amendment to Article V of the Constitution
of this State establishing the Judicial Nominating Commission to assist the
Governor in appointing judges for the above-referenced courts.
02/03/93 House Introduced and read first time HJ-11
02/03/93 House Referred to Committee on Judiciary HJ-12
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE
JUDICIAL NOMINATING COMMISSION AND TO ESTABLISH ITS
POWERS AND DUTIES; TO AMEND SECTIONS 2-19-10,
RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO
REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON
ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS
AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES
PRESIDING IN CERTAIN COURTS, SO AS TO PROVIDE FOR
SCREENING BY THE JUDICIAL NOMINATING COMMISSION;
14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME
COURT, SO AS TO PROVIDE THAT THEY BE APPOINTED BY
THE GOVERNOR INSTEAD OF ELECTED BY THE GENERAL
ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF
JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR
THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF
ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING
TO THE VACANCIES IN THE SUPREME COURT, SO AS TO
PROVIDE APPOINTMENT TO FILL A VACANCY; 14-5-110,
RELATING TO THE QUALIFICATION OF CIRCUIT COURT
JUDGE, SO AS TO PROVIDE FOR THE APPOINTMENT; 14-5-160,
RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A
VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A
VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL
CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR
THEIR APPOINTMENT BY THE GOVERNOR AND SCREENING
BY THE JUDICIAL NOMINATING COMMISSION; 14-8-20,
RELATING TO THE ELECTION OF JUDGES OF THE COURT OF
APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE
COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT
BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF
OFFICE, SO AS TO PROVIDE FOR APPOINTMENT BY THE
GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE
COURT OF APPEALS, SO AS TO PROVIDE FOR THE
PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED,
RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY
COURT JUDGES, SO AS TO PROVIDE FOR APPOINTMENT BY
THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL
ELECTION OF FAMILY COURT JUDGE, SO AS TO PROVIDE FOR
APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST
PLEDGING AND REOPENING OF FILING WHERE INCUMBENT
JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED,
RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE
PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN
AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS
STATE ESTABLISHING THE JUDICIAL NOMINATING
COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING
JUDGES FOR THE ABOVE-REFERENCED COURTS.
Be it enacted by the General Assembly of the State of South Carolina:
Part I
SECTION 1. Title 14 of the 1976 Code is amended by adding:
"CHAPTER 6
Judicial Nominating Commission
Section 14-6-10. (A) There is created a Judicial Nominating
Commission to assist the Governor in the selection of qualified justices
and judges to all judicial vacancies on the family court, Circuit Court,
Court of Appeals, and Supreme Court. The commission shall consist
of the following:
(1) six members of the House of Representatives, appointed by
the Speaker of the House; at least one of whom must not be a lawyer;
(2) six members of the Senate, appointed by the Speaker Pro
Tempore of the Senate; at least one of whom must not be a lawyer;
(3) six practicing members of the South Carolina Bar admitted to
practice for at least five years, to be appointed by the Governor and who
are not members of the General Assembly; one of whom is from each
congressional district;
(B) The terms of office of the legislative members on the
commission are coterminous with their terms of office in the legislature.
The terms of office of the nonlegislative members on the commission are
for four years, and until their successors are appointed and qualify,
except those initially appointed shall have terms as follows: from the
First and Fifth Congressional Districts, one year; from the Second and
Sixth Congressional Districts, two years; from the Third Congressional
District, three years; from the Fourth Congressional District, four years.
No member is eligible to succeed himself on the commission except that
members of the House of Representatives may be appointed to serve two
successive two-year terms on the commission, and except those
nonlegislative members initially appointed to terms of two years or less
may be reappointed for a full term.
Section 14-6-20. Vacancies on the Judicial Nominating Commission
must be filled for the remainder of the unexpired term in the same
manner as provided for the original appointment.
Section 14-6-30. No member of the Judicial Nominating Commission
is eligible for nomination, or appointment as a judge or justice of the
state court system while serving on the commission or for three years
after he ceases to be a member. No member of the commission may
hold any other elected or appointed office under the United States, the
State, or other governmental entity. No member of the commission shall
hold an office in a political party.
Section 14-6-40. The Judicial Nominating Commission shall meet at
least once annually and at other times as may be designated by the
chairman. The commission, at its first meeting and then annually, shall
elect a chairman who shall serve for a term of one year and until his
successor is appointed and qualifies. A member may succeed himself
as chairman. In the event that the chairman must be absent, the
commission shall choose a member to act as temporary chairman. The
commission at its first meeting also shall organize and adopt rules for the
purpose of governing its proceedings to be approved by the General
Assembly. Ten members of the commission constitutes a quorum at all
meetings. No act of the commission is valid except by concurrence of
the majority of its voting members.
Section 14-6-50. All organizational meetings of the Judicial
Nominating Commission are open to the public. A notice outlining the
topics to be discussed must be given to the public not less than seventy-two hours before the meeting. Public participation is allowed at each
organizational meeting. For purposes of this act, an `organizational
meeting' is an initial meeting to discuss the commission's procedures and
requirements for a vacancy.
Section 14-6-60. The General Assembly shall provide for the staff
and operating expenses of the Judicial Nominating Commission. No
member of the commission shall receive any compensation for
commission services, except those set by law for travel, board, and
lodging expenses incurred in the performance of commission duties.
Section 14-6-70. It is the responsibility of the Judicial Nominating
Commission to determine when judicial vacancies are to occur in the
family court, Circuit Court, Court of Appeals, or Supreme Court and to
expeditiously investigate in advance the qualifications of those who seek
nomination unless otherwise provided by law. For purposes of this
chapter, a vacancy is created on family court, Circuit Court, Court of
Appeals, or Supreme Court when any of the following occurs: an
appointed term expires; a new judicial position is created; or a judge can
no longer serve due to resignation, retirement, disciplinary action,
disability or death.
Section 14-6-80. (A) The Judicial Nominating Commission shall
announce and publicize vacancies and forthcoming vacancies on the
family court, Circuit Court, Court of Appeals, or Supreme Court. A
person who may desire to be considered for nomination as justice or
judge may make application to the commission and any person or
organization may submit to the commission the name of a person whom
it desires to be considered for nomination. The commission will
announce the names of those persons who have applied, or who have
agreed to be considered.
(B) The commission shall establish procedures for, among other
things:
(1) receipt of public statements in support of, or in opposition to,
any of these candidates;
(2) private or public hearings when the commission considers it
necessary;
(3) meetings in executive session when the commission considers
it necessary.
Section 14-6-90. The responsibility of the Judicial Nominating
Commission is to investigate and consider the qualifications of the
candidates for judicial office on the family court, Circuit Court, Court
of Appeals, or Supreme Court. Investigations and consideration of the
commission should include, but must not be limited to the following
areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
Section 14-6-100. The Judicial Nominating Commission is
authorized to investigate and obtain information relative to any
candidate from any state agency or other group, including, but not
limited to, court administration, any law enforcement agency, and the
South Carolina Bar, to the extent permitted by law, and shall have the
power to issue subpoenas requiring the appearance of persons or the
production of documents or other tangible things.
The commission in the discharge of its duties may administer oaths
and affirmations, take depositions, and issue subpoenas to compel the
attendance of witnesses and the production of books, papers,
correspondence, memoranda, and other records considered necessary for
the investigation of candidates.
No person may be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, or other records
before the commission on the ground that the testimony or evidence,
documentary, or otherwise, required of him may tend to incriminate him
or subject him to a penalty or forfeiture. But no individual may be
prosecuted or subjected to any criminal penalty based upon testimony or
evidence submitted or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having claimed
his privilege against self incrimination, to testify or produce evidence,
documentary or otherwise. However, the individual testifying is not
exempt from prosecution and punishment for perjury and false swearing
committed in so testifying.
In case of contumacy by a person or refusal to obey a subpoena issued
to a person, any Circuit Court of this State or circuit judge within the
jurisdiction of which the person guilty of contumacy or refusal to obey
is found, resides, or transacts business, upon application by the
commission may issue an order requiring the person to appear before the
commission to produce evidence if so ordered or to give testimony
concerning the matter under investigation. The failure to obey an order
of the court may be punished as a contempt. Subpoenas must be issued
in the name of the commission and must be signed by the commission
chairman. Subpoenas must be issued to any person the commission
designates.
Section 14-6-110. (A) Upon completion of the investigation, the
Chairman of the Judicial Nominating Commission shall schedule a
public hearing concerning the qualifications of the candidates. A person
who desires to testify at the hearing, including candidates, shall furnish
a written statement of his proposed testimony to the chairman of the
commission. The statements must be furnished no later than forty-eight
hours before the date and time set for the hearing. The commission shall
determine the persons who shall testify at the hearing. All testimony,
including documents furnished to the commission, must be submitted
under oath and persons knowingly furnishing false information either
orally or in writing are subject to the penalties provided by law for
perjury and false swearing.
(B) During the course of the investigation, the commission may
schedule an executive session at which each candidate, and other
persons whom the commission wishes to interview, may be interviewed
by the commission on matters pertinent to the candidate's qualification
for the office to be filled. All final deliberations of the commission are
secret and confidential. Within a reasonable time thereafter the
commission shall render its tentative findings with its reasons to each
candidate.
(C) As soon as possible after the completion of the hearing a
verbatim copy of the testimony, documents submitted at the hearing, and
findings of fact must be transcribed and published before the date of the
scheduled appointment and a copy must be furnished to each candidate.
(D) A candidate may withdraw at any stage of the proceedings and
in that event no further inquiry, report on, or consideration of his
candidacy may be made.
Section 14-6-120. Notwithstanding the provisions of this chapter,
when there is no known opposition to a candidate, and there appears to
be no substantial reason for having a public hearing, whether or not the
candidate is an incumbent, and no request is made by at least four
members of the Judicial Nominating Commission for a public hearing,
the commission chairman, upon recommendation of the commission,
may determine that a public hearing is unnecessary and it may not be
held.
Section 14-6-130. All records, information, and other material that
the Judicial Nominating Commission has obtained or used to make its
findings of fact, except materials, records, and information presented
under oath at the public hearing, must be kept strictly confidential. After
the commission has reported its findings of fact, or after a candidate
withdraws his name from consideration, all records, information, and
material required to be kept confidential must be destroyed.
Section 14-6-140. (A) After careful consideration of the
qualifications of all candidates for each judicial vacancy, the Judicial
Nominating Commission shall select and submit to the Governor the
names of not more than three nominees whom it considers best qualified
for the judicial office under consideration. Should the commission
conclude that there are fewer than three candidates qualified for a
vacancy, it shall report to the Governor only the names of those
determined to be qualified, with a written explanation for submitting
fewer than three names.
(B) If the commission submits three names to the Governor, he must
select one of these nominees. If the commission submits fewer than
three names to the Governor, he may reject the persons so nominated
and require further nominations from the commission. From the list of
nominees submitted, the Governor shall appoint a nominee whose name
must be submitted to the General Assembly for confirmation. If the
General Assembly fails to reject any appointment of the Governor or the
commission within thirty days after its submission, it is considered to
have given its consent to the appointment. If the General Assembly
rejects any appointment, the same appointment procedure must be
followed again. If this procedure fails a second time to secure an
appointment, the Governor shall make the appointment from the original
list of nominees, without the General Assembly's consent.
Section 14-6-150. No candidate for a family court, Circuit Court,
Court of Appeals, or Supreme Court judgeship, including a sitting judge,
may directly or indirectly campaign or lobby the Governor until the
Judicial Nominating Commission has submitted its nominations.
Section 14-6-160. At least six months before the expiration of a
justice's or judge's term of office, every justice or judge shall petition the
Judicial Nominating Commission to be retained in office or shall inform
the commission of an intention to retire. The commission shall review
the incumbent's qualifications. There is a presumption that each
incumbent judge who seeks reappointment to the same court qualifies
for retention in judicial office. The burden of rebutting this presumption
is on the commission. The commission shall investigate and interview
each incumbent judge who seeks reappointment and, before the
expiration of a term of office of the judge, shall recommend the
incumbent judge for nomination for reappointment by the Governor to
the same court unless, as provided in this section, recommendation of
the judge is denied. If a preliminary examination indicates further
inquiry is necessary before a recommendation of reappointment may be
made, the commission shall hold a hearing concerning the reappointment
of the judge. The commission, not later than twenty days after the close
of the hearing, must render its decision whether it will recommend the
incumbent judge for nomination for reappointment by the Governor. An
affirmative vote of a majority plus one of the members present and
voting is required to deny recommendation to the Governor for
nomination of an incumbent judge to the same court.
A judge who has not received approval by the commission within ten
days after receipt of the notice of decision, which includes a record of
the numerical vote, may request a rehearing on the grounds that the
conclusions of the commission are contrary to the evidence presented at
the hearing or the commission failed to comply with the procedural or
substantive requirements of this section.
The decision of the commission is final. There is no right of appeal
to any judge appearing before the commission, at law or in equity, or
any resort to any court following the decision of the commission.
If the commission determines that the justice or judge is qualified and
should be retained in office, the commission shall forward the
incumbent's name to the Governor with a recommendation that the judge
be reappointed.
If the commission denies recommendation of a judge or justice, if the
Governor fails to make the reappointment within thirty days of
presentation, or if the General Assembly rejects the reappointment
within ten days, a list of not more than three nominees must be
submitted by the commission to the Governor as provided under Section
14-6-140.
Section 14-6-170. The Judicial Nominating Commission shall
adopt, with the approval of the General Assembly, regulations as are
necessary to the purposes of the commission. The regulations will
address among other things, the confidentiality of records and other
information received concerning candidates for judicial office,
prohibition against ex parte communication with individual members of
the commission concerning the qualifications of candidates and the
conduct of proceedings before the commission."
Part II
SECTION 2. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. Whenever an election is to be held by the
General Assembly in Joint Session, including members of the
judiciary, a joint committee, composed of eight members,
four of whom shall must be members of the House of
Representatives and four of whom shall must be
members of the Senate, shall must be appointed to
consider the qualifications of the candidates. Each body shall determine
how its respective members shall be are selected. Each
joint committee shall meet as soon after its appointment as may
be practicable and shall elect one of its members as
chairman, one as secretary, and such other officers as it may
deem considers desirable."
SECTION 3. Section 14-1-215 of the 1976 Code, as last amended by
Act 355 of 1992, is further amended to read:
"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 a retired justice or judge of this State must have
been screened in the manner provided in Section 2-19-10 by
the Judicial Nominating Commission and found by the
committee commission to be qualified to serve in these
situations within two years of the date of his appointment to
serve."
SECTION 4. Section 14-3-10 of the 1976 Code is amended to read:
"Section 14-3-10. The Supreme Court shall consist of a Chief
Justice and four associate justices, who shall must be
elected by a joint viva voce vote of the General Assembly
appointed by the Governor with consent by the General Assembly
from a list of nominees submitted by the Judicial Nominating
Commission. Justices shall serve for a term of ten years and shall
continue in office to serve until their successors are
elected appointed and qualified. They shall be so
classified that one of them shall go out of office every two years. The
successors of the Chief Justice and associate justices shall be elected at
the session of the General Assembly next preceding the expiration of
their respective terms. The time for the commencement of their
terms of office shall be is the first day of August after
their election."
SECTION 5. Section 14-3-20 of the 1976 Code is amended to read:
"Section 14-3-20. The justices of the Supreme Court shall
qualify within twelve months after the date of their election
appointment by taking the constitutional oath or the office
shall must be declared vacant by the Governor. The
oath shall must be administered by a justice of
said the court or by a circuit judge."
SECTION 6. Section 14-3-40 of the 1976 Code is amended to read:
"Section 14-3-40. All interim vacancies in the
Supreme Court shall must be filled by elections as
herein prescribed; provided that appointment as prescribed in
Article V, Section 3 of the Constitution. However, if the unexpired
term does not exceed one year such the vacancy may be
filled by executive appointment. When a an interim
vacancy is so filled by either appointment or
election, the incumbent shall hold office only for the
unexpired term of his predecessor."
SECTION 7. Section 14-5-110 of the 1976 Code is amended to read:
"Section 14-5-110. The circuit judges of this State, upon their
election appointment, shall qualify by taking the oath
required by the Constitution of this State before a justice of the Supreme
Court, the President of the Senate, the Speaker or Speaker Emeritus of
the House of Representatives, a circuit judge, a clerk of the Supreme
Court, a clerk of the court of common pleas or a probate judge of the
county, and shall forthwith immediately enter upon their
duties. Such The oath must be filed in the office of the
Secretary of State. Terms of office for all circuit judges elected after
January 1, 1977, shall commence as of July first of the year in which
they are elected appointed."
SECTION 8. Section 14-5-160 of the 1976 Code is amended to read:
"Section 14-5-160. Whenever any a circuit
judge, pending his assignment to hold the courts of any circuit, shall
die, resign, be dies, resigns, becomes disabled by
illness, or be is excused for any other reason
considered sufficient in the opinion of the Chief Justice of the Supreme
Court or in case of a an interim vacancy in the office of
circuit judge of any circuit or if a special session of the court of general
sessions or common pleas be is ordered as provided
for in Sections 14-5-910 to 14-5-950, the Chief Justice of the
Supreme Court may assign any other another
disengaged circuit judge to hold the courts of any such
the circuit, to fill any appointment made necessary by
such the vacancy or to hold any special session of the
Circuit Court that may be ordered by the Chief Justice. However, if
the unexpired term exceeds one year, the vacancy must be filled in the
original manner of appointment as prescribed in Article V, Section 13
of the Constitution. When an interim vacancy is filled by appointment,
the incumbent shall hold office only for the unexpired term of his
predecessor."
SECTION 9. Section 14-5-610 of the 1976 Code, as last amended by
Act 610 of 1990, is further 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 appointed from the first,
second, sixth, twelfth, and sixteenth circuits. Two judges must be
elected appointed from the third, fourth, seventh, eighth,
tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be
elected appointed 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 appointed by the Governor with consent by
the General Assembly from a list of nominees submitted by the Judicial
Nominating Commission. Judges serve for terms of office
of six years. These additional judges must be elected
appointed 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."
SECTION 10. Section 14-8-20 of the 1976 Code is amended to read:
"Section 14-8-20. (a)(A) The members of
the Court of Appeals shall must be elected
by joint public vote of appointed by the Governor with consent
by the General Assembly from a list of nominees submitted by
the Judicial Nominating Commission. Judges serve for a term of
six years and until their successors are elected appointed
and qualify; provided, however, that However, of those
judges initially elected appointed, the Chief Judge (Seat
5) and the judge elected appointed to Seat 6
shall must be elected appointed for
terms of six years each, the judges elected appointed to
Seats 3 and 4 shall must be elected
appointed for terms of four years each, and the judges
elected appointed to Seats 1 and 2 shall
must be elected appointed for terms of two
years each. The terms of office of the judges of the Court shall begin
on July 1, 1985. Prior to such date, the General Assembly shall have
authority to take such measures as necessary to secure accommodations,
personnel, supplies, and equipment and such other matters as may be
necessary to effect full implementation of the Court for operation by
such date.
(b)(B) Each seat on the court shall must be
numbered. Candidates shall be are required to file for
a specific seat. Seat five 5 shall be is
designated as the office of Chief Judge and shall be is
a separate and distinct office for the purpose of an election
appointment.
(c) In any contested election, the vote of each member of the
General Assembly present and voting shall be recorded; provided, that
the provisions of Chapter 19 of Title 2 shall be followed in the course of
electing the members of the Court."
SECTION 11. Section 14-8-30 of the 1976 Code is amended to read:
"Section 14-8-30. No person shall be is
eligible for the office of Chief Judge or associate judge of the court who
does not at the time of his election or appointment meet the
qualifications for justices and judges as set forth in Article V of the
Constitution of this State."
SECTION 12. Section 14-8-40 of the 1976 Code is amended to read:
"Section 14-8-40. The judges of the court shall qualify within
twelve months after the date of their election
appointment by taking the constitutional oath or the office
shall must be declared vacant by the Governor. The oath
shall must be administered by a justice of the Supreme
Court, a judge of the Court of Appeals, or by a Circuit Court
judge."
SECTION 13. Section 14-8-60 of the 1976 Code is amended to read:
"Section 14-8-60. All interim vacancies in the Court
of Appeals shall must be filled in the manner
of original election; provided, that appointment as prescribed
in Article V, Section 8 of the Constitution. However, if the
unexpired term does not exceed one year such the
vacancy may be filled by executive appointment. When a an
interim vacancy is filled, the judge selected shall hold office only
for the unexpired term of his predecessor."
SECTION 14. Section 20-7-1370 of the 1976 Code, as last amended
by Act 17 of 1989, is further amended to read:
"Section 20-7-1370. A.(A) No person shall
be is eligible to for the office of family
court judge who is not at the time of his assuming the duties of
such the office a citizen of the United States and of this
State, and has not attained the age of twenty-six years, has not been a
licensed attorney at law for at least five years, and has not been
a resident of this State for five years next preceding his election
appointment, and is not a resident of the circuit wherein
where the family court of which he is a judge is located.
Notwithstanding any other provision of law, any A
former member of the General Assembly may be elected
appointed to the office of family court judge.
B.(B) Family Court judges must be elected by the
General Assembly appointed by the Governor with consent by
the General Assembly from a list of nominees submitted by the Judicial
Nominating Commission. Upon a vacancy on the family court, the
commission shall select not more than three nominees for the vacancy
and submit their names to the Governor. The Governor shall appoint
one nominee for the position whose name must be submitted to the
General Assembly for confirmation. Upon confirmation, a family court
judge shall serve for a terms term of six
years and until their successors are elected and qualify his
successor is appointed and qualifies.
If the General Assembly fails to reject any appointment of the
Governor or the commission within thirty days after its submission, it is
considered to have given its consent to the appointment. If the General
Assembly rejects any appointment, the same appointment procedure
must be followed again. If no appointment is made on a second attempt,
the Governor shall make the appointment from the original list of
nominees, without the General Assembly's consent.
C.(C) The terms of all family court judges expire on
the thirtieth day of June of the year in which their terms are scheduled
to expire.
D.(D) For the purpose of electing
appointing family court judges, if more than one judge is to be
elected appointed from a circuit, each judgeship in that
circuit shall must be serially numbered beginning with
the number (1) and the General Assembly shall elect
Governor shall appoint a judge for each such judgeship.
Any A candidate for the office of family court judge in
a circuit shall specifically file and run for a serially-numbered judgeship
in that circuit.
E.(E) When a vacancy occurs for an unexpired term
in an office of family court judge, the vacancy must be filled in the
original manner of appointment as prescribed in (B). However, if the
unexpired term does not exceed one year the vacancy may be filled
by the Governor, upon recommendation of the Chief Justice
shall commission a temporary family court judge to fill such vacancy
until such time as the General Assembly shall elect a successor who
shall serve for the remainder of the unexpired term. Such
The temporary family court judge shall receive as compensation
for his services the salary paid to a regular family court judge and in
addition thereto also shall also receive the
subsistence and mileage as authorized by law for family court judges.
When an interim vacancy is filled by appointment, the incumbent
shall hold office only for the unexpired term of his predecessor.
However, the Chief Justice may assign any other disengaged family
court judge to hold the courts of the seat until the vacancy is filled.
(F) At least six months before the expiration of a family court
judge's term of office, every family court judge shall petition the
commission to be retained in office or shall inform the commission of
an intention to retire. If the commission determines that the family court
judge is qualified and should be retained in office, the commission shall
forward the incumbent's name to the Governor with a recommendation
that the family court judge be reappointed as provided under Section 14-6-120."
SECTION 15. Section 20-7-1410 of the 1976 Code is amended to
read:
"Section 20-7-1410. The General Assembly
Governor shall elect appoint, pursuant to Section
20-7-1370, a number of family court judges from each judicial
circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one family court judge must be
a resident of each county in the circuit: fifth, seventh, ninth, tenth,
twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits
made up of three or more counties at least one family court judge must
be a resident of one of the counties which does not have the largest
population in the circuit.
No county in the sixth circuit shall have more than one resident family
court judge."
SECTION 16. Sections 2-19-70 and 2-19-80 of the 1976 Code are
repealed.
SECTION 17. This act takes effect upon the ratification of an
amendment to Article V of the Constitution of this State establishing a
Judicial Nominating Commission to assist the Governor in the selection
of judges and justices of the Circuit Court, Court of Appeals, Supreme
Court, and other courts of uniform jurisdiction as provided by the
General Assembly.
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