H 3274 Session 111 (1995-1996)
H 3274 Joint Resolution, By J.H. Hodges
Similar(H 4003)
A Joint Resolution proposing an amendment to Section 15, Article V, of the
Constitution of South Carolina, 1895, relating to qualifications for justices
of the Supreme Court and judges of the Court of Appeals and the Circuit Court,
so as to increase from twenty-six to thirty-two the age requirement for
election to these offices, to increase from five to ten the number of years
which a person must have been a licensed attorney at law in order to be
eligible for election to these offices, and to provide that any justice or
judge serving in office on the effective date of the provisions of this
Section requiring a justice or judge to be thirty-two years of age and to have
ten years of service as a licensed attorney at law who is not of that age or
who has not been licensed for this required period of time may continue to
serve for the remainder of his ten current term and is considered to have the
requisite age and years of service as a licensed attorney for purposes of
future reelections to that judicial office, and proposing an amendment to
Article V of the Constitution, 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, to provide that the General Assembly must elect these judges
and justices from among these nominees, and to provide that no person may be
elected to these judicial positions who has been found not qualified by the
panel.
01/17/95 House Introduced and read first time HJ-10
01/17/95 House Referred to Committee on Judiciary HJ-10
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V,
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO QUALIFICATIONS FOR JUSTICES OF THE
SUPREME COURT AND JUDGES OF THE COURT OF
APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE
FROM TWENTY-SIX TO THIRTY-TWO THE AGE
REQUIREMENT FOR ELECTION TO THESE OFFICES, TO
INCREASE FROM FIVE TO TEN THE NUMBER OF YEARS
WHICH A PERSON MUST HAVE BEEN A LICENSED
ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR
ELECTION TO THESE OFFICES, AND TO PROVIDE THAT
ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE
EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION
REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO
YEARS OF AGE AND TO HAVE TEN YEARS OF SERVICE AS
A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT
AGE OR WHO HAS NOT BEEN LICENSED FOR THIS
REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE
FOR THE REMAINDER OF HIS THEN CURRENT TERM AND
IS CONSIDERED TO HAVE THE REQUISITE AGE AND
YEARS OF SERVICE AS A LICENSED ATTORNEY FOR
PURPOSES OF FUTURE REELECTIONS TO THAT JUDICIAL
OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V
OF THE CONSTITUTION, 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, TO
PROVIDE THAT THE GENERAL ASSEMBLY MUST ELECT
THESE JUDGES AND JUSTICES FROM AMONG THESE
NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE
ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN
FOUND NOT QUALIFIED BY THE PANEL.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 15, Article V of the
Constitution of South Carolina, 1895, is amended to read:
"Section 15. No person shall be eligible to the office of
Chief Justice, Associate Justice of the Supreme Court, judge of the
Court of Appeals, or judge of the Circuit Court who is not at the
time of his election a citizen of the United States and of this State,
and has not attained the age of twenty-six thirty-two
years, has not been a licensed attorney at law for at least
five ten years, and has not been a resident of this
State for five years next preceding his election.
Any justice or judge serving in office on the effective date of
the provisions of this section requiring a justice or judge to be
thirty-two years of age and to have ten years of service as a
licensed attorney at law who is not of that age or who has not been
licensed for this required period of time may continue to serve for
the remainder of his current term and is considered to have the
requisite age and years of service as a licensed attorney for
purposes of future reelections to that judicial office."
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 Section 15 of Article V of the Constitution of this
State relating to qualifications for justices of the Supreme Court and
judges of the Court of Appeals and the Circuit Court be amended so
as to increase from twenty-six to thirty-two the age requirement for
election to these offices, to increase from five to ten the number of
years which a person must have been a licensed attorney at law in
order to be eligible for election to these offices, and to provide that
any justice or judge serving in office on the effective date of the
provisions of this section requiring a justice or judge to be
thirty-two years of age and to have ten years of service as a
licensed attorney at law who is not of that age or who has not been
licensed for this required period of time may continue to serve for
the remainder of his current term and is considered to have the
requisite age and years of service as a licensed attorney at law for
purposes of future reelections to that judicial office?
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'."
SECTION 3. 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. No person may be elected to these
judicial positions who has been found not qualified by the
panel."
SECTION 4. 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,
to provide that the General Assembly must elect judges and justices
for these courts from among these nominees, and to provide that no
person may be elected to these judicial positions who has been
found not qualified by the panel?
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----- |