H 4323 Session 109 (1991-1992)
H 4323 Joint Resolution, By Wilkins and H.H. Clyborne
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
General Assembly 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.
01/30/92 House Introduced and read first time HJ-9
01/30/92 House Referred to Committee on Judiciary HJ-9
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 GENERAL
ASSEMBLY 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 NOMINATION 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. 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 General
Assembly from a list of nominees submitted by the Judicial Nominating
Commission. Upon a vacancy on the Supreme Court, the Judicial
Nominating Commission shall select no more than three 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. 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. 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 General Assembly fails to reject any appointment of the
Governor or the commission within thirty days after its submission, the
General Assembly 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
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 General Assembly 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 General Assembly 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. 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 General
Assembly 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 no more than three 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. 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. 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 General Assembly fails to reject any appointment of the
Governor or the commission within thirty days after its submission, the
General Assembly 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
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 General Assembly 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 General Assembly 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. 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
General Assembly from a list of nominees submitted by the Judicial
Nominating Commission. Upon a vacancy on the Circuit Court, the
Judicial Nominating Commission shall select no more than three
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. 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. 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 General Assembly fails to reject any appointment of the
Governor or the commission within thirty days after its submission, the
General Assembly 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
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 General Assembly 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. Section 17, Article V of the Constitution of South
Carolina, 1895, is amended to read:
"Section 17. At least six months 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 General
Assembly 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. 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. 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 more than three persons who
are deemed best qualified among all applicants for a vacancy on any of
these courts. 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 General Assembly 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 General Assembly 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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