H 3296 Joint Resolution, By J.T. McElveen
 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.

   01/18/95  House  Introduced and read first time HJ-20
   01/18/95  House  Referred to Committee on Judiciary HJ-20

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?

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'."