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S 285 Session 123 (2019-2020) S 0285 Joint Resolution, By Talley
TO AMEND SECTION 3, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SECTION 8, ARTICLE V, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUITS AND CIRCUIT COURT JUDGES, SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THESE JUDICIAL OFFICES, AND SECTION 27, ARTICLE V, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, TO PROVIDE THAT SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, AND CIRCUIT COURT JUDGES SHALL BE APPOINTED BY THE GOVERNOR, SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE COMPOSITION OF THE JUDICIAL MERIT SELECTION COMMISSION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. It is proposed that Section 3, Article V of the Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court shall SECTION 2. It is proposed that Section 8, Article V of the Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals shall SECTION 3. It is proposed that Section 13, Article V of the Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit, a judge or judges
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be SECTION 4. It is proposed that Section 18, Article V of the Constitution of this State be amended to read:
"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled SECTION 5. It is proposed that Section 27, Article V of the Constitution of this State be amended to read:
"Section 27. In addition to the qualifications for circuit court and court of appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State
No person may be appointed and confirmed or elected, as the case may be, to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period The Judicial Merit Selection Commission shall consist of the following: (1) five members appointed by the Speaker of the House of Representatives and, of these appointments: (a) three members must be serving members of the General Assembly; and (b) two members must be selected from the general public; (2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President of the Senate and, of these appointments: (a) three members must be serving members of the General Assembly; and (b) two members must be selected from the general public; (3) three members appointed by the Governor; (4) one member, appointed by the Chief Justice of the Supreme Court of South Carolina, who shall be a retired member of the Judiciary; and (5) the President of the South Carolina Bar Association." SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot: "Must Section 3, Article V of the Constitution of this State, relating to the election of members of the Supreme Court, Section 8, Article V, relating to the election of judges of the Court of Appeals, Section 13, Article V, relating to judicial circuits and circuit court judges, Section 18, Article V, relating to vacancies in these judicial offices, and Section 27, Article V, relating to the Judicial Merit Selection Commission, be amended so as to provide that these justices or judges be appointed by the Governor from among the nominees of the Judicial Merit Selection Commission, subject to the advice and consent of the Senate, and to provide for the membership of the Judicial Merit Selection Commission?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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