H 4003 Session 111 (1995-1996)
H 4003 Joint Resolution, By J.H. Neal, Canty, Cave, Cobb-Hunter, Govan, Howard,
Inabinett, Lloyd, Moody-Lawrence, Scott, L.S. Whipper and J.M. White
Similar(H 3274)
A Joint Resolution proposing an amendment to Article V of the Constitution of
South Carolina, 1895, relating to the Judicial Department by adding Section 27
so as to provide that the General Assembly by law shall establish a Judicial
Merit Selection Panel to nominate candidates for election to judicial
positions on the courts of this State which are filled by election of the
General Assembly and to provide that the General Assembly must elect these
judges and justices from among these nominees, except that nothing herein
prevents the General Assembly from rejecting the nominees of the Panel and
requiring further nominations.
04/12/95 House Introduced and read first time HJ-15
04/12/95 House Referred to Committee on Judiciary HJ-16
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO
AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW
SHALL ESTABLISH A JUDICIAL MERIT SELECTION PANEL
TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL
POSITIONS ON THE COURTS OF THIS STATE WHICH ARE
FILLED BY ELECTION OF THE GENERAL ASSEMBLY AND
TO PROVIDE THAT THE GENERAL ASSEMBLY MUST
ELECT THESE JUDGES AND JUSTICES FROM AMONG
THESE NOMINEES, EXCEPT THAT NOTHING HEREIN
PREVENTS THE GENERAL ASSEMBLY FROM REJECTING
THE NOMINEES OF THE PANEL AND REQUIRING FURTHER
NOMINATIONS.
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 27. In addition to the qualifications for Circuit
Court and Court of Appeals judges and Supreme Court justices
contained in this article, the General Assembly by law shall
establish a Judicial Merit Selection Panel to consider the
qualifications and fitness of candidates for all judicial positions on
these courts and on other courts of this State which are filled by
election of the General Assembly. The General Assembly must elect
the judges and justices from among the nominees of the panel to fill
a vacancy on these courts, provided that nothing herein prevents the
General Assembly from rejecting the nominees of the panel and
requiring further nominations."
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 V of the Constitution of this State be
amended by adding Section 27 so as to provide that the General
Assembly by law shall establish a judicial merit selection panel to
nominate candidates for election to judicial positions on the courts
of this State which are filled by election of the General Assembly,
and to provide that the General Assembly must elect judges and
justices for these courts from among these nominees, except that
nothing herein prevents the General Assembly from rejecting the
nominees of the panel and requiring further nominations?
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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