H 4803  Joint Resolution, By Harrison and Wilkins
 A Joint Resolution proposing an amendment to Section 17, Article V of the
 Constitution of South Carolina, 1895, relating to the removal or retirement of
 judges, so as to permit the Supreme Court to remove any judge within the
 Unified Judicial System from office for misconduct, breach of any ethical
 obligation, habitual intemperance, or persistent failure to perform the duties
 of the office, and also to permit the Supreme Court to remove or retire any
 judge from office upon a finding of mental or physical incapacity rather than
 disability which seriously interferes with the performance of his duties which
 is or is likely to become permanent.
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   03/21/96  House  Introduced and read first time HJ-8
   03/21/96  House  Referred to Committee on Judiciary HJ-9
   04/10/96  House  Committee report: Favorable Judiciary HJ-6
   04/17/96  House  Amended HJ-26
   04/17/96  House  Read second time HJ-26
   04/17/96  House  Roll call Yeas-116  Nays-0 HJ-27
   04/18/96  House  Reconsider second reading HJ-21
   04/18/96  House  Reconsider vote whereby amendment number 1
                     adopted HJ-23
   04/18/96  House  Amendment no. 1 tabled HJ-23
   04/18/96  House  Read second time HJ-23
   04/18/96  House  Unanimous consent for third reading on next
                     legislative day HJ-23
   04/19/96  House  Read third time and sent to Senate HJ-1
   04/23/96  Senate Introduced and read first time SJ-27
   04/23/96  Senate Referred to Committee on Judiciary SJ-27
   05/09/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-46
   05/14/96  Senate Amended SJ-89
   05/14/96  Senate Read second time SJ-89
   05/14/96  Senate Ordered to third reading with notice of
                     amendments SJ-89
   05/15/96  Senate Amended SJ-18
   05/15/96  Senate Read third time and returned to House with
                     amendments SJ-18
   05/23/96  House  Non-concurrence in Senate amendment HJ-54
   05/29/96  Senate Senate insists upon amendment and conference
                     committee appointed  Sens. McConnell, Russell,
                     Rankin SJ-9
   05/29/96  House  Conference committee appointed  Jennings, Baxley
                     & J. Young HJ-123

AS PASSED BY THE SENATE

May 15, 1996

H. 4803

S. Printed 5/15/96--S.

Read the first time April 23, 1996.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:

"Section 17. Within the unified court judicial system, the Supreme Court shall have the power, after a hearing, to remove any judge from office for misconduct, breach of judicial code of conduct, or persistent failure to perform the duties of the office, or to remove or retire any judge from office upon a finding of disability a mental or physical incapacity seriously interfering with the performance of his judicial duties which is, or is likely to become, of a permanent character. A justice shall not sit in any hearing involving his own that justice's removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court. The provisions of this section shall not be construed as precluding the removal of a judge by impeachment or any other method provided by this Constitution nor is the General Assembly, in a judicial impeachment proceeding, bound by the Supreme Court's findings of fact or conclusions of law made in a removal proceeding under this section."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 17, Article V, of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges be amended so as to permit the Supreme Court to remove any judge within the unified judicial system from office for misconduct, breach of any ethical obligation, habitual intemperance, or persistent failure to perform the duties of the office, and also to permit the Supreme Court to remove or retire any judge from office upon a finding of mental or physical incapacity rather than disability which seriously interferes with the performance of his duties which is or is likely to become permanent?

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'."