H 3198 Session 110 (1993-1994)
H 3198 Joint Resolution, 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 and
C.Y. Waites
A Joint Resolution proposing an amendment to Article V, Constitution of South
Carolina, 1895, relating to the Judicial Department, by adding Section 29 so
as to provide that the General Assembly shall establish a Judicial Nominating
Commission to nominate candidates for election to judicial positions on courts
of the Unified Judicial System which are filled by election of the General
Assembly, to provide that the General Assembly shall elect these judges and
justices from among these nominees, and to provide that no person may be
elected to these judicial positions who has been found "not qualified" by the
Commission.
01/20/93 House Introduced and read first time HJ-8
01/20/93 House Referred to Committee on Judiciary HJ-9
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE V, CONSTITUTION
OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL
DEPARTMENT, BY ADDING SECTION 29 SO AS TO PROVIDE
THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A
JUDICIAL NOMINATING COMMISSION TO NOMINATE
CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON
COURTS OF THE UNIFIED JUDICIAL SYSTEM WHICH ARE
FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO
PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT
THESE JUDGES AND JUSTICES FROM AMONG THESE
NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE
ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN
FOUND "NOT QUALIFIED" BY THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this
State be amended by adding:
"Section 29. In addition to the qualifications for circuit court
and court of appeals judges and Supreme Court justices contained in this
article, the General Assembly shall establish a Judicial Nominating
Commission to consider the qualifications and fitness of candidates for
all judicial positions on courts of the unified judicial system which are
filled by election of the General Assembly. The commission shall
nominate the best qualified applicants for a vacancy on the courts. The
General Assembly shall select the judges and justices from among the
nominees of the commission to fill a vacancy. No person may be elected
to these judicial positions who has been found `not qualified' by the
commission."
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 ballots:
"Must Article 5 of the Constitution of this State be amended by
adding Section 29 so as to provide that the General Assembly shall
establish a judicial nominating commission to nominate candidates for
election to judicial positions on courts of the unified judicial system
which are filled by election of the General Assembly, to provide that the
General Assembly shall elect these judges and justices from among these
nominees, and to provide that no person may be elected to these judicial
positions who has been found `not qualified' by the commission?
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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