H 4117 Joint Resolution, By Kirsh
 A Joint Resolution proposing an amendment to Section 17, Article V of the
 Constitution of South Carolina, 1895, relating to the removal or retirement of
 judges, so as to authorize the Supreme Court, after hearing, to remove any
 judge from office upon a finding of misconduct in office.

   01/14/92  House  Introduced and read first time HJ-188
   01/14/92  House  Referred to Committee on Judiciary HJ-188
   02/19/92  House  Committee report: Favorable Judiciary HJ-10
   02/26/92  House  Read second time HJ-43
   02/27/92  House  Read third time and sent to Senate HJ-14
   03/03/92  Senate Introduced and read first time SJ-6
   03/03/92  Senate Referred to Committee on Judiciary SJ-6
   04/15/92  Senate Committee report: Favorable Judiciary SJ-13

COMMITTEE REPORT

April 15, 1992

H. 4117

S. Printed 4/15/92--S.

Read the first time March 3, 1992.

To whom was referred a Joint Resolution (H. 4117), proposing an amendment to Section 17, Article V of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JOHN A. MARTIN, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.

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

SECTION 1. It is proposed that Section 17, Article V of the Constitution of this State be amended to read:

"Section 17. Within the unified court system, the Supreme Court shall have has the power, after hearing, to remove or retire any judge from office upon a finding of misconduct in office or to retire any judge upon a finding of disability seriously interfering with the performance of his duties which is, or, likely to become, of a permanent character. A justice shall may 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 2. 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 or written on the ballot:

"Must Section 17, Article V of the Constitution of this State be amended so as to authorize the Supreme Court, after hearing, to remove any judge from office upon a finding of misconduct in office?

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'."