S 0303 General Bill, By Ryberg
 A BILL TO AMEND SECTION 2-19-10 AND SECTION 2-19-80, AS AMENDED, CODE OF LAWS
 OF SOUTH CAROLINA, 1976, RELATING TO THE CONSIDERATION AND NOMINATION OF
 JUDICIAL CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO
 REQUIRE THE COMMISSION TO REVIEW THE QUALIFICATIONS OF AN INCUMBENT MEMBER OF
 THE JUDICIARY WHO HAS FILED A DECLARATION OF CANDIDACY FOR ELECTION TO SUCCEED
 HIMSELF AND TO DELETE REFERENCES TO THE NAME OF THE INCUMBENT JUDGE BEING
 SUBMITTED TO THE GENERAL ASSEMBLY FOR RE-ELECTION; TO AMEND SECTION 14-3-10,
 RELATING TO THE ELECTION OF SUPREME COURT JUSTICES, SO AS TO PROVIDE
 REQUIREMENTS UNDER WHICH THE JUSTICES MAY SUCCEED THEMSELVES; TO AMEND SECTION
 14-5-610, RELATING TO THE ELECTION OF CIRCUIT JUDGES, SO AS TO DELETE THE
 AT-LARGE JUDGESHIPS WHO ARE REASSIGNED TO PARTICULAR CIRCUITS AND TO PROVIDE
 REQUIREMENTS UNDER WHICH CIRCUIT COURT JUDGES MAY SUCCEED THEMSELVES; TO AMEND
 SECTION 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS,
 SO AS TO PROVIDE REQUIREMENTS UNDER WHICH THE JUDGES MAY SUCCEED THEMSELVES;
 AND TO AMEND SECTION 20-7-1370, RELATING TO THE ELECTION OF FAMILY COURT
 JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH FAMILY COURT JUDGES MAY
 SUCCEED THEMSELVES.

   02/08/01  Senate Introduced and read first time SJ-7
   02/08/01  Senate Referred to Committee on Judiciary SJ-7

TO AMEND SECTION 2-19-10 AND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSIDERATION AND NOMINATION OF JUDICIAL CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THE COMMISSION TO REVIEW THE QUALIFICATIONS OF AN INCUMBENT MEMBER OF THE JUDICIARY WHO HAS FILED A DECLARATION OF CANDIDACY FOR ELECTION TO SUCCEED HIMSELF AND TO DELETE REFERENCES TO THE NAME OF THE INCUMBENT JUDGE BEING SUBMITTED TO THE GENERAL ASSEMBLY FOR RE-ELECTION; TO AMEND SECTION 14-3-10, RELATING TO THE ELECTION OF SUPREME COURT JUSTICES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH THE JUSTICES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-5-610, RELATING TO THE ELECTION OF CIRCUIT JUDGES, SO AS TO DELETE THE AT-LARGE JUDGESHIPS WHO ARE REASSIGNED TO PARTICULAR CIRCUITS AND TO PROVIDE REQUIREMENTS UNDER WHICH CIRCUIT COURT JUDGES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH THE JUDGES MAY SUCCEED THEMSELVES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH FAMILY COURT JUDGES MAY SUCCEED THEMSELVES.

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

SECTION    1.    Section 2-19-10(A) of the 1976 Code is amended to read:

    "(A)    Whenever an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. In addition, 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. The Judicial Merit Selection 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 and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:

        (1)    the confidentiality of records and other information received concerning candidates for judicial office;

        (2)    the conduct of proceedings before the commission;

        (3)    receipt of public statements in support of or in opposition to any of the candidates;

        (4)    procedures to review the qualifications of retired judges for continued judicial service;

        (5)    contacting incumbent judges regarding their desire to seek re-election;

        (6)    prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.

    A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."

SECTION    2.    Section 2-19-80 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:

    (A)(1) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.

        (2)    In addition, 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.

    (B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.

    (C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.

        (2) If the commission finds an incumbent judge not qualified for the office sought, or If an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.

    (D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.

    (E) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.

SECTION    3.    Section 14-3-10 of the 1976 Code is amended to read:

"Section 14-3-10.    (A)    The Supreme Court shall consist of a Chief Justice and four associate justices, who shall be elected by a joint viva voce vote of the General Assembly for a term of ten years and shall continue in office until their successors are elected 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 each 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 the first day of August January after their election. Members of the Supreme Court shall succeed themselves only as provided in subsection (B).

    (B)(1)    Not less than ninety days prior to the holding of the general election next preceding the expiration of his term of office, a member of the Court may file in the office of the Secretary of State a declaration of candidacy for election to succeed himself. If a declaration is not so filed by a member of the Court, the vacancy resulting from the expiration of his term of office shall be filled as provided in subsection (A). If the declaration is filed, his name shall be submitted at the next general election to the voters eligible to vote within the state on a separate judicial ballot, without party designation, reading: