H 3678 Session 111 (1995-1996)
H 3678 Joint Resolution, By Cotty and J.L.M. Cromer
Similar(H 3962)
A Joint Resolution proposing an amendment to Section 3, Article V of the
Constitution of South Carolina, 1895, relating to the Supreme Court; Section
8, Article V, relating to the Court of Appeals; Section 13, Article V,
relating to the judicial circuits and the courts thereof; Section 17, Article
V, relating to the removal or retirement of judges of the Unified Court
System; and Section 18, Article V, relating to vacancies in the Supreme Court,
Court of Appeals, and the Circuit Court, so as to provide that judges of these
courts must be appointed by the Governor upon the advice and consent of the
Senate from a list of nominees submitted by the South Carolina Judicial
Nominating Commission; and to amend Article V of the Constitution of this
State relating to the Judicial Department by adding Section 27 so as to
establish the South Carolina Judicial Nominating Commission to nominate
candidates for the above judicial offices and for judges of other courts of
uniform jurisdiction as the General Assembly may provide by law.
02/23/95 House Introduced and read first time HJ-23
02/23/95 House Referred to Committee on Judiciary HJ-24
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE
V, RELATING TO THE COURT OF APPEALS; SECTION 13,
ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND
THE COURTS THEREOF; SECTION 17, ARTICLE V,
RELATING TO THE REMOVAL OR RETIREMENT OF
JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION
18, ARTICLE V, RELATING TO VACANCIES IN THE
SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT
COURT, SO AS TO PROVIDE THAT JUDGES OF THESE
COURTS MUST BE APPOINTED BY THE GOVERNOR UPON
THE ADVICE AND CONSENT OF THE SENATE FROM A
LIST OF NOMINEES SUBMITTED BY THE SOUTH
CAROLINA JUDICIAL NOMINATING COMMISSION; AND TO
AMEND ARTICLE V OF THE CONSTITUTION OF THIS
STATE RELATING TO THE JUDICIAL DEPARTMENT BY
ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH
CAROLINA JUDICIAL NOMINATING COMMISSION TO
NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL
OFFICES AND FOR JUDGES OF OTHER COURTS OF
UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY
MAY PROVIDE BY LAW.
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 South Carolina, 1895, is amended to read:
"Section 3. The members of the Supreme Court shall
be elected by a joint public vote of the General Assembly
must be appointed by the Governor upon the advice and consent
of the Senate from a list of nominees submitted by the Judicial
Nominating Commission. Upon a vacancy on the Supreme Court,
the Judicial Nominating Commission shall select not less than three
nor more than five nominees for the vacancy and submit their
names to the Governor, except that in the case of an incumbent,
only his name may be submitted as authorized in Section 17 of this
article. The Governor must select one of these nominees from the
list of nominees submitted and shall appoint a nominee whose name
must be submitted to the Senate for confirmation. However, if only
an incumbent's name is submitted, the Governor may reject such
nominee and require other nominations as though no incumbent
occupied such office. Upon confirmation, members shall serve
for a term of ten years, and shall continue in office until their
successors shall be elected are appointed and
qualified qualify., and The terms of
members of the Supreme Court shall be classified so that the
term of one of them shall expire every two years. In any
contested election, the vote of each member of the General
Assembly present and voting shall be recorded.
If the Senate fails to reject any appointment of the Governor
within thirty days after its submission, the Senate is considered to
have given its consent to the appointment. If the Senate rejects any
appointment, the same appointment procedure must be followed
again. If this procedure fails for a second time to secure an
appointment, the Governor shall thereupon make the appointment
from the original list of nominees without the advice and consent of
the Senate being required.
Any Supreme Court justice serving in office on the effective date
of the ratification of the provisions of this section providing for the
appointment of Supreme Court justices by the Governor upon the
advice and consent of the Senate from a list of nominees submitted
by the Judicial Nominating Commission shall continue to serve until
his then current term of office expires."
SECTION 2. It is proposed that Section 8, Article V of the
Constitution of South Carolina, 1895, is amended to read:
"Section 8. The members of the Court of Appeals
shall be elected by a joint public vote of the General
Assembly must be appointed by the Governor upon the
advice and consent of the Senate from a list of nominees submitted
by the Judicial Nominating Commission. Upon a vacancy on the
Court of Appeals, the Judicial Nominating Commission shall select
not less than three nor more than five nominees for the vacancy and
submit their names to the Governor, except that in the case of an
incumbent, only his name may be submitted as authorized in
Section 17 of this article. The Governor must select one of these
nominees from the list of nominees submitted and shall appoint a
nominee whose name must be submitted to the Senate for
confirmation. However, if only an incumbent's name is submitted,
the Governor may reject such nominee and require other
nominations as though no incumbent occupied such office.
Upon confirmation, members shall serve for a term of six
years, and shall continue in office until their successors shall be
elected are appointed and qualified
qualify. In any contested election, the vote of each
member of the General Assembly present and voting shall be
recorded. Provided, that for the first election of members of the
Court of Appeals, the General Assembly shall by law provide for
staggered terms.
If the Senate fails to reject any appointment of the Governor
within thirty days after its submission, the Senate is considered to
have given its consent to the appointment. If the Senate rejects any
appointment, the same appointment procedure must be followed
again. If this procedure fails for a second time to secure an
appointment, the Governor shall thereupon make the appointment
from the original list of nominees without the advice and consent of
the Senate being required.
Any judge of the Court of Appeals serving in office on the
effective date of the ratification of the provisions of this section
providing for the appointment of Court of Appeals judges by the
Governor upon the advice and consent of the Senate from a list of
nominees submitted by the Judicial Nominating Commission shall
continue to serve until his then current term of office
expires."
SECTION 3. It is proposed that Section 13, Article V of the
Constitution of South Carolina, 1895, is 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 shall must be
elected by a joint public vote of the General Assembly;
provided, that in any contested election, the vote of each member of
the General Assembly present and voting shall be recorded. He
shall hold office appointed by the Governor upon the advice
and consent of the Senate from a list of nominees submitted by the
Judicial Nominating Commission. Upon a vacancy on the Circuit
Court, the Judicial Nominating Commission shall select not less
than three nor more than five nominees for the vacancy and submit
their names to the Governor, except that in the case of an
incumbent, only his name may be submitted as authorized in
Section 17 of this article. The Governor must select one of these
nominees from the list of nominees submitted and shall appoint a
nominee whose name must be submitted to the Senate for
confirmation. However, if only an incumbent's name is submitted,
the Governor may reject such nominee and require other
nominations as though no incumbent occupied such office. Upon
confirmation, a Circuit Court judge shall serve for a term of
six years, and until his successor is appointed and qualifies. At
the time of his appointment, and at the time of his election
he the judge shall be an elector of a county of, and
during his continuance in office he shall reside in, the circuit of
which he is judge.
If the Senate fails to reject any appointment of the Governor
within thirty days after its submission, the Senate is considered to
have given its consent to the appointment. If the Senate rejects any
appointment, the same appointment procedure must be followed
again. If this procedure fails for a second time to secure an
appointment, the Governor shall thereupon make the appointment
from the original list of nominees without the advice and consent of
the Senate being required.
The General Assembly may by law provide for additional circuit
judges, to be assigned by the Chief Justice. Such additional circuit
judges shall be elected appointed in the same
manner and for the same term as provided in the preceding
paragraph of this section for other circuit judges, except that
residence in a particular county or circuit shall not be a
qualification for office."
SECTION 4. It is proposed that Section 17, Article V of the
Constitution of South Carolina, 1895, is amended to read:
"Section 17. At least ninety days prior to the
expiration of a justice's or judge's term of office which is filled by
appointment of the Governor upon the advice and consent of the
Senate from a list of nominations submitted by the Judicial
Nominating Commission, the justice or judge shall petition the
Judicial Nominating Commission to be retained in office or shall
inform the commission of his intention to retire. The Judicial
Nominating Commission shall review the incumbent's qualifications
if he desires to be retained in office. If the Judicial Nominating
Commission determines that the justice or judge should be retained
in office, the commission shall forward the incumbent's name to the
Governor with a recommendation that the judge be reappointed as
provided by law.
Within the unified court system, the Supreme Court shall have
the power, after hearing, to remove or retire any judge from office
upon a finding of disability seriously interfering with the
performance of his duties which is, or is likely to become, of a
permanent character. A Justice shall not sit in any hearing involving
his own removal or retirement. Implementation and enforcement of
this section may be by rule or order of the Supreme Court."
SECTION 5. It is proposed that Section 18, Article V of the
Constitution of South Carolina, 1895, is amended to read:
"Section 18. All vacancies occurring for any reason
other than expiration of a term in the Supreme Court, Court of
Appeals, or Circuit Court shall be filled by elections
appointment as prescribed in Sections 3, 8, and 13 of this
article; provided, that if the unexpired term does not exceed one
year such vacancy may be filled by the Governor as
provided by law. When such a vacancy is filled by
either appointment or election, the incumbent shall
hold office only for the unexpired term of his predecessor."
SECTION 6. It is proposed that Article V of the Constitution of
South Carolina, 1895, is amended by adding:
"Section 27. There is created the South Carolina
Judicial Nominating Commission to consider the qualifications and
fitness of judicial candidates and to assist the Governor in the
selection of qualified justices and judges to all judicial vacancies on
the Circuit Court, Court of Appeals, Supreme Court, and those
other courts of uniform jurisdiction as the General Assembly may
provide by law. The nominating commission shall nominate not less
than three nor more than five persons who are deemed best
qualified among all applicants for a vacancy on any of these courts,
except in cases where an incumbent desires to be reappointed, in
which case his name only shall be submitted, and except in cases
where the court of uniform jurisdiction is not established in the
Constitution and the General Assembly by law provides for the
submission of fewer nominations. The Governor shall appoint
persons from among those nominated by the nominating
commission to fill vacancies on these courts and must submit such
appointments to the Senate for its advice and consent. The General
Assembly by law shall provide for the establishment of the Judicial
Nominating Commission and for its membership, duties, functions,
and procedures."
SECTION 7. The proposed amendment must be submitted to
the qualified electors at the next general election. Ballots must be
provided at the various voting precincts with the following words
printed or written on the ballots:
"Shall Section 3, Article V, of the Constitution of South
Carolina, 1895, relating to the Supreme Court; Section 8, Article V,
relating to the Court of Appeals; Section 13, Article V, relating to
the judicial circuits and the courts thereof; Section 17, Article V,
relating to the removal or retirement of judges of the unified court
system; and Section 18, Article V, relating to vacancies in the
Supreme Court, Court of Appeals, and the Circuit Court, be
amended so as to provide that judges of these courts must be
appointed by the Governor upon the advice and consent of the
Senate from a list of nominees submitted by the South Carolina
Judicial Nominating Commission which shall be established by
adding Section 27 to Article V for the purpose of nominating
candidates for the above judicial offices and for judges of other
courts of uniform jurisdiction as the General Assembly may provide
by law?
Yes []
No []
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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