H 3275 Session 111 (1995-1996)
H 3275 General Bill, By J.H. Hodges
A Bill to amend Section 20-7-1370, as amended, Code of Laws of South Carolina,
1976, relating to qualifications for the office of Family Court judge, so as
to increase from twenty-six to thirty-two the age requirement for election to
this office, 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 this office, to provide that any family court judge serving in office on
the effective date of the provisions of this Section requiring a family court
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 at law for purposes of future reelections to
the office of family court judge, and to provide that the above provisions
take effect upon ratification of an amendment to Section 15 of Article V of
the Constitution of this State providing for a thirty-two-year-old age
requirement and a ten-year requirement as a licensed attorney at law for
Supreme Court justices and judges of the Court of Appeals and the Circuit
Court.
01/17/95 House Introduced and read first time HJ-11
01/17/95 House Referred to Committee on Judiciary HJ-11
A BILL
TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
QUALIFICATIONS FOR THE OFFICE OF FAMILY COURT
JUDGE, SO AS TO INCREASE FROM TWENTY-SIX TO
THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO
THIS OFFICE, 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 THIS OFFICE, TO PROVIDE
THAT ANY FAMILY COURT JUDGE SERVING IN OFFICE ON
THE EFFECTIVE DATE OF THE PROVISIONS OF THIS
SECTION REQUIRING A FAMILY COURT 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 AT
LAW FOR PURPOSES OF FUTURE REELECTIONS TO THE
OFFICE OF FAMILY COURT JUDGE, AND TO PROVIDE
THAT THE ABOVE PROVISIONS TAKE EFFECT UPON
RATIFICATION OF AN AMENDMENT TO SECTION 15 OF
ARTICLE V OF THE CONSTITUTION OF THIS STATE
PROVIDING FOR A THIRTY-TWO-YEAR-OLD AGE
REQUIREMENT AND A TEN-YEAR REQUIREMENT AS A
LICENSED ATTORNEY AT LAW FOR SUPREME COURT
JUSTICES AND JUDGES OF THE COURT OF APPEALS AND
THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-1370(A) of the 1976 Code is
amended to read:
"A. No person shall be eligible to the office of Family
Court judge who is not at the time of his assuming the duties of
such office 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, and is not a resident of the circuit
wherein the Family Court of which he is a judge is located.
Notwithstanding any other provision of law, any former member of
the General Assembly may be elected to the office of Family Court
judge.
Any Family Court judge serving in office on the effective
date of the provisions of this section requiring a Family Court 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 the office of Family Court
judge."
SECTION 2. This act takes effect upon ratification of an
amendment to Section 15 of Article V of the Constitution of this
State providing for a thirty-two-year-old age requirement and a
ten-year requirement as a licensed attorney at law for Supreme
Court justices and judges of the Court of Appeals and the Circuit
Court.
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