H 4004 Session 111 (1995-1996)
H 4004 Joint Resolution, By J.H. Neal, T. Brown, Canty, Cave, Cobb-Hunter,
Govan, Howard, Inabinett, Lloyd, Moody-Lawrence, Scott, L.S. Whipper and
J.M. White
Similar(H 4126)
A Joint Resolution proposing an amendment to Section 13, Article V of the
Constitution of South Carolina, 1895, relating to the Judicial Circuits of
this State and the Judges therefor, so as to provide that the Judicial
Circuits of this State shall be the same in number and size as are the
districts from which members of the State Senate are elected, to provide that
resident judges of the Circuit Courts must be elected by the qualified
electors of the Circuit in the manner the General Assembly shall provide by
law, and to delete authorization for at-large Circuit Judges.
04/12/95 House Introduced and read first time HJ-16
04/12/95 House Referred to Committee on Judiciary HJ-16
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE
AND THE JUDGES THEREFOR, SO AS TO PROVIDE THAT
THE JUDICIAL CIRCUITS OF THIS STATE SHALL BE THE
SAME IN NUMBER AND SIZE AS ARE THE DISTRICTS
FROM WHICH MEMBERS OF THE STATE SENATE ARE
ELECTED, TO PROVIDE THAT RESIDENT JUDGES OF THE
CIRCUIT COURTS MUST BE ELECTED BY THE QUALIFIED
ELECTORS OF THE CIRCUIT IN THE MANNER THE
GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND TO
DELETE AUTHORIZATION FOR AT-LARGE CIRCUIT
JUDGES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 13, Article V of the
Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State
into judicial circuits of compact and contiguous territory which
in number and size shall be the same as the districts from which
members of the state Senate are elected. For each circuit a
judge or judges shall must be elected by a joint
public vote of the General Assembly; provided, that in any
contested election, the vote of each member of the General
Assembly present and voting shall be recorded the qualified
electors of that circuit in the manner that the General Assembly
provides by law. He shall hold office for a term of six years,
and at the time of his election he shall must be an
elector of a county of, and during his continuance in office he shall
reside in, the circuit of which he is judge. The General
Assembly may by law provide for additional Circuit Judges, to be
assigned by the Chief Justice. Such additional Circuit Judges shall
be elected in the same manner and for the same term as provided in
the preceding paragraph of this section for other Circuit Judges,
except that residence in a particular county or circuit shall not be a
qualification for office.
Nothing herein prevents the General Assembly from
providing for staggered terms of judges of the Circuit Court in the
first popular election of such judges.
Persons serving as Circuit Judges on the effective date of the
provisions in this section providing for the popular election of
Circuit Judges may continue to serve for the term for which they
were elected."
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 13, Article V of the Constitution of this
State relating to the judicial circuits of this State and the judges
therefor be amended so as to provide that the judicial circuits of
this State shall be the same in number and size as are the districts
from which members of the state Senate are elected, to provide that
resident judges of the Circuit Courts must be elected by the
qualified electors of the circuit in the manner the General Assembly
shall provide by law, and to delete authorization for at-large circuit
judges?
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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