H 3199 Session 110 (1993-1994)
H 3199 General Bill, By J.T. McElveen, J.J. Bailey, R.A. Barber, C.D. Chamblee,
R.S. Corning, J.L.M. Cromer, T.L. Farr, Haskins, W.S. Houck, W.D. Keyserling,
J.G. Mattos, M. McLeod, Neilson, Richardson, T.F. Rogers, C.Y. Waites and
R.M. Young
A Bill to amend Title 2, Code of Laws of South Carolina, 1976, relating to
government and the General Assembly, by adding Chapter 20 so as to establish
the South Carolina Judicial Nominating Commission to assist the General
Assembly in the selection of justices and judges for vacancies in the offices
of Supreme Court Justice, Judge of the Court of Appeals, Circuit Court, and
Family Court; to provide for the membership of the Commission; to provide the
procedure for the nomination and election of candidates for these judicial
vacancies; and to provide that this Act takes effect upon the ratification of
an amendment to Article V of the Constitution of this State authorizing the
establishment of a Judicial Nominating Commission.
01/20/93 House Introduced and read first time HJ-9
01/20/93 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO GOVERNMENT AND THE GENERAL
ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO ESTABLISH
THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION
TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF
JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF
SUPREME COURT JUSTICE, JUDGE OF THE COURT OF
APPEALS, CIRCUIT COURT, AND FAMILY COURT; TO PROVIDE
FOR THE MEMBERSHIP OF THE COMMISSION; TO PROVIDE
THE PROCEDURE FOR THE NOMINATION AND ELECTION OF
CANDIDATES FOR THESE JUDICIAL VACANCIES; AND TO
PROVIDE THAT THIS ACT TAKES EFFECT UPON THE
RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE
CONSTITUTION OF THIS STATE AUTHORIZING THE
ESTABLISHMENT OF A JUDICIAL NOMINATING COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 2 of the 1976 Code is amended by adding:
"CHAPTER 20
South Carolina
Judicial Nominating Commission
Section 2-20-10. (A) There is created the South Carolina Judicial
Nominating Commission to assist the General Assembly in the selection
of qualified justices and judges to all judicial vacancies on the Family
Court, Circuit Court, Court of Appeals, or Supreme Court.
(B) The commission consists of:
(1) three members elected by the House of Representatives, none
of whom may be members of the General Assembly, and at least two of
whom must be active members of the South Carolina Bar admitted to
practice for at least five years and the remaining member may not be a
lawyer;
(2) three members elected by the Senate, none of whom may be
members of the General Assembly and at least two of whom must be
active members of the South Carolina Bar admitted to practice for at
least five years and the remaining member may not be a lawyer;
(3) one member appointed by the Governor, who is not a member
of the General Assembly. This member also may not be a lawyer.
(C) The terms of office of all members are for three years, except
those initially selected have terms as follows: one member elected by
the House of Representatives, one member elected by the Senate, and
the member appointed by the Governor shall serve one year; one
member elected by the House of Representatives and one member
elected by the Senate shall serve two years; and one member elected by
the House of Representatives and one member elected by the Senate
shall serve three years. No member is eligible to succeed himself on the
commission except members initially appointed or elected to terms of
two years or less may be reappointed or re-elected for a full term.
Vacancies on the commission must be filled for the remainder of the
unexpired term in the same manner as provided for the original
appointment or election.
(D) (1) No member of the commission is eligible for nomination,
election, or appointment as a judge or justice of the state court system
while serving on the commission or for a period of three years after he
ceases to be a member.
(2) No member of the General Assembly may be elected as a
judge or justice of the state court system while serving as a member of
the General Assembly and for a period of one year after he ceases to be
a member.
(E) In order to assure nondiscrimination and inclusiveness of all
segments of the population, selections to the commission provided in
this section should represent to the greatest extent possible the ethnic
and gender composition of the State. Additionally, lawyer selectees
should represent a cross section of the bar giving due consideration to
age, type of practice, firm size, and other demographics. In order to
achieve this representation, those making appointments or elections to
the commission must establish a procedure for rotating who among them
makes the first and subsequent appointments or elections as needed in
successive years.
Section 2-20-20. The commission shall meet at least once annually
and at such other times as may be designated by the chairman. The
commission, at its first meeting and annually after that term, shall elect
a chairman who shall serve for a term of one year and until his successor
is elected and qualifies. Any member may succeed himself as chairman.
The commission also, at its first meeting, shall organize and adopt rules
for the purpose of governing its proceedings. Four members of the
commission constitute a quorum at all meetings. Upon the appropriation
of sufficient funds by the General Assembly, the commission may
employ such clerical and stenographic assistance as may be necessary
to effectuate the provisions of this chapter.
Section 2-20-30. For purposes of this chapter, a vacancy is created on
a Family Court, Circuit Court, Court of Appeals, or Supreme Court
when any of the following occurs:
(1) an elected term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement,
removal, disability, or death.
Section 2-20-40. (A) It is the responsibility of the commission to
determine when judicial vacancies are to occur in the Family Court,
Circuit Court, Court of Appeals, or Supreme Court and expeditiously to
investigate in advance the qualifications of those who seek nomination.
(B) If possible, the commission must make nominations as provided
below to the General Assembly during the opening week of the regular
sessions of the General Assembly for vacancies which will occur in the
normal course of events during that regular session of the General
Assembly and before the next regular session of the General Assembly.
(C) In the case of vacancies not occurring in the normal course, the
commission shall send to the General Assembly nominations for each
vacancy as promptly as possible.
Section 2-20-50. The commission shall announce vacancies and
forthcoming vacancies on the Family Court, Circuit Court, Court of
Appeals, or Supreme Court. All persons who may desire to be
considered for nomination as justice or judge may make application for
consideration by the commission and a person or organization, except
this commission or any member of this commission, may submit to the
commission the name of a person whom it desires to be considered for
nomination. The commission shall announce the names of those persons
who have applied or who have agreed to be considered. The
commission shall establish procedures for, including, but not limited to:
(1) a receipt of public statements in support of or in opposition to
any of these candidates;
(2) public hearings when testimony is taken as evidence received;
(3) meetings in executive session only when the commission
considers it necessary and then conducted in accordance with the
provisions of Chapter 4 of Title 30.
Section 2-20-60. (A) The commission is responsible for
investigating and considering the ability and suitability of the candidates
for judicial office on the Family Court, Circuit Court, Court of Appeals,
or Supreme Court. Investigations and considerations of the commission
should include, but are not limited to, the following areas: constitutional
qualifications, ethical fitness, professional and academic ability,
character, reputation, physical health, mental stability, experience, and
judicial temperament.
(B) The commission may receive the judicial evaluation information
conducted by the South Carolina Bar on each candidate for judicial
office from those who are the custodians of the data. In the event there
has not been a survey on the candidate, the commission in its discretion
may authorize the survey by the South Carolina Bar and may receive the
judicial evaluation survey data. All of this data requested and received
must be made available to the General Assembly and must be contained
in the report of the commission. Any survey must be conducted at the
expense of the Bar.
(C) The commission is authorized to obtain information relative to
any candidate from any state agency or other group including, but not
limited to, the State Court Administration, any law enforcement agency,
and the South Carolina Bar, to the extent permitted by law, and has the
power to issue subpoenas requiring the appearance of persons or the
production of documents or other tangible things.
Section 2-20-70. (A) After careful consideration of the ability and
suitability of each candidate for a judicial vacancy, the commission shall
submit to the General Assembly the names of nominees, with its
recommendation as to whether each is `Qualified for the Judicial Office
Under Consideration', `Highly Qualified for the Judicial Office Under
Consideration', or `Not Qualified for the Judicial Office Under
Consideration'. If the commission determines that a candidate is either
`Highly Qualified' or `Not Qualified', it must state in writing the reasons
for such designation.
(B) If the commission concludes that no candidate is qualified or
highly qualified for a vacancy, then the nominating process provided
hereinabove shall recommence.
(C) Nothing shall prevent the General Assembly from rejecting all
persons so nominated. In this event, further nominations in the manner
required by this chapter must be made until the office is filled.
(D) The provisions of Chapter 19 of Title 2 do not apply to the
election of Supreme Court Justices and Judges of the Court of Appeals,
Circuit Court and Family Court.
Section 2-20-80. (A) No candidate for a Family Court, Circuit
Court, Court of Appeals, or Supreme Court judgeship, including a sitting
judge, may directly or indirectly campaign among, or lobby, members
of the General Assembly for election or re-election to a judicial position
until such time as the commission has submitted its nominations to the
General Assembly.
(B) No person, at any time, may directly or indirectly seek a pledge
from any member of the General Assembly, whether on his own behalf
or on behalf of another person, for any candidate or nominee for a
vacancy on the Family Court, Circuit Court, Court of Appeals, or
Supreme Court until such time as the commission has submitted its
nominations to the General Assembly.
(C) No member of the General Assembly, at any time, may directly
or indirectly pledge his vote to any candidate or nominee for a vacancy
on the Family Court, Circuit Court, Court of Appeals, or Supreme Court
until such time as the commission has submitted its nominations to the
General Assembly.
Section 2-20-90. The commission shall adopt, with the approval of
the General Assembly, regulations as are necessary to the purposes of
the commission. The regulations shall 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."
SECTION 2. This act takes effect upon the ratification of an
amendment to Article V of the Constitution of this State authorizing the
establishment of a Judicial Nominating Commission.
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