S 629 Session 112 (1997-1998)
S 0629 Joint Resolution, By Holland and McConnell
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 4 OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RULES AND THE DISCIPLINE OF
PERSONS ADMITTED TO PRACTICE LAW, SO AS TO PROVIDE THAT THE SUPREME COURT
SHALL MAKE RULES GOVERNING THE PRACTICE AND PROCEDURE IN ALL COURTS OF THIS
STATE SUBJECT TO STATUTORY LAW AND LEGISLATIVE APPROVAL; TO FURTHER PROVIDE
THAT THE SUPREME COURT SHALL MAKE NO RULE THAT INFRINGES, EITHER DIRECTLY OR
BY IMPLICATION, UPON THE GENERAL ASSEMBLY'S POWER TO QUALIFY AND ELECT JUDGES;
AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS
PRECLUDING THE REMOVAL OF A JUDGE BY IMPEACHMENT 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 DISCIPLINARY PROCEEDING UNDER THIS
SECTION.
04/09/97 Senate Introduced and read first time SJ-3
04/09/97 Senate Referred to Committee on Judiciary SJ-3
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 4 OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO RULES AND THE DISCIPLINE OF PERSONS
ADMITTED TO PRACTICE LAW, SO AS TO PROVIDE THAT
THE SUPREME COURT SHALL MAKE RULES GOVERNING
THE PRACTICE AND PROCEDURE IN ALL COURTS OF THIS
STATE SUBJECT TO STATUTORY LAW AND LEGISLATIVE
APPROVAL; TO FURTHER PROVIDE THAT THE SUPREME
COURT SHALL MAKE NO RULE THAT INFRINGES, EITHER
DIRECTLY OR BY IMPLICATION, UPON THE GENERAL
ASSEMBLY'S POWER TO QUALIFY AND ELECT JUDGES;
AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION
SHALL NOT BE CONSTRUED AS PRECLUDING THE
REMOVAL OF A JUDGE BY IMPEACHMENT 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
DISCIPLINARY PROCEEDING UNDER THIS SECTION.
Whereas, by constitutional and statutory law, it is the General
Assembly which has the power to qualify and elect judges and
justices; and
Whereas, the Supreme Court recognized last year this limitation on
its powers to remove judges when it submitted H. 4803 in the proper,
lawful manner through a proposed constitutional amendment; and
Whereas, the Supreme Court has promulgated Rule 7(b)(1) and (2)
of the Rules for Judicial Disciplinary Enforcement, relating to the
removal and suspension of judges, bypassing the General Assembly
which had serious concerns about the proposal and refused to enact
the legislation. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article V, Section 4 of the
Constitution of this State be amended to read:
"Section 4. The Chief Justice of the Supreme Court shall be the
administrative head of the unified judicial system. He shall appoint
an administrator of the courts and such assistants as he
deems considers necessary to aid in the
administration of the courts of the State. The Chief Justice shall set
the terms of any court and shall have the power to assign any judge
to sit in any court within the unified judicial system. Provided, each
county shall be entitled to four weeks of court each year and such
terms therefor shall be provided for by the General Assembly.
Provided, further, that the Chief Justice shall set a term of at least one
week in any court of original jurisdiction in any county within sixty
days after receipt by him of a resolution of the county bar requesting
it. The Supreme Court shall make rules governing the administration
of all the courts of the State. However, the Supreme Court shall
make no rule that infringes, either directly or by implication, upon the
General Assembly's power to qualify and elect judges. Subject
to the statutory law and legislative approval, the
Supreme Court also shall make rules governing the practice
and procedure in all such these courts. The Supreme
Court shall have jurisdiction over the admission to the practice of law
and the discipline of persons admitted. However, the provisions
of this section shall not be construed as precluding the removal of a
judge by impeachment 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 disciplinary proceeding under
this section."
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:
"Shall Article V, Section 4 of the Constitution of this State,
relating to rules and the discipline of persons admitted to practice
law, be amended so as to provide that subject to statutory law and
legislative approval, the Supreme Court shall make rules governing
the administration of all the courts of the State except rules which
infringe, either directly or by implication, upon the General
Assembly's power to qualify and elect judges; and to provide that the
General Assembly, in a judicial impeachment proceeding, is not
bound by the Supreme Court's findings of fact or conclusions of law
made in a disciplinary proceeding under this section?
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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