H 3478 Session 111 (1995-1996)
H 3478 Joint Resolution, By Neilson, Allison, Cooper, Davenport, Easterday,
Fair, R.J. Herdklotz, H.G. Hutson, M.F. Jaskwhich, Kelley, Limehouse,
Littlejohn, Meacham, Riser, Seithel, Simrill, Vaughn, C.C. Wells, D. Williams and
S.S. Wofford
A Joint Resolution proposing an amendment to Article V of the Constitution of
South Carolina, 1895, relating to the Judicial Department, by adding Section
30 so as to provide that a member of the Judiciary elected by the General
Assembly only may serve twelve years in one judicial position, to provide that
service in another judicial position does not constitute prior service, and to
provide that a member of the judiciary serving when this section is ratified
into law may complete the term which the member is currently serving plus
twelve years thereafter.
02/02/95 House Introduced and read first time HJ-9
02/02/95 House Referred to Committee on Judiciary HJ-9
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
THE JUDICIAL DEPARTMENT, BY ADDING SECTION 30 SO
AS TO PROVIDE THAT A MEMBER OF THE JUDICIARY
ELECTED BY THE GENERAL ASSEMBLY ONLY MAY
SERVE TWELVE YEARS IN ONE JUDICIAL POSITION, TO
PROVIDE THAT SERVICE IN ANOTHER JUDICIAL POSITION
DOES NOT CONSTITUTE PRIOR SERVICE, AND TO
PROVIDE THAT A MEMBER OF THE JUDICIARY SERVING
WHEN THIS SECTION IS RATIFIED INTO LAW MAY
COMPLETE THE TERM WHICH THE MEMBER IS
CURRENTLY SERVING PLUS TWELVE YEARS
THEREAFTER.
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
South Carolina, 1895, is amended by adding:
"Section 30. A member of the judiciary elected by the
General Assembly only may serve twelve years in one judicial
position to which the person is elected. Service in a different
judicial position does not constitute prior service for purposes of
this section; however, the twelve-year limitation applies to a judicial
position whether or not the terms served in the position are
consecutive or nonconsecutive. A member of the judiciary serving
on the effective date of the ratification of this section may continue
to serve the member's then current term and if reelected up to
twelve years thereafter."
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 relating to
the Judicial Department be amended so as to provide that members
of the judiciary elected by the General Assembly must be limited to
serving twelve years in one judicial position and to provide that a
member of the judiciary serving when this provision is ratified into
law may complete the term which they are currently serving and if
reelected up to twelve years thereafter?
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'."
-----XX----- |