H*3962(Rat #0479, Act #0471 of 1996)  Joint Resolution, By Wilkins, H. Brown, 
B.D. Cain, Cotty, Fair, Fleming, R.C. Fulmer, Harrell, Harrison, Haskins, 
R.J. Herdklotz, T.E. Huff, H.G. Hutson, Keegan, Kelley, Klauber, 
C.V. Marchbanks, Mason, Meacham, Rice, Riser, Sandifer, Seithel, Sharpe, 
Simrill, D. Smith, R. Smith, Stuart, Tripp, Trotter, Walker, C.C. Wells, 
Witherspoon, S.S. Wofford, D.A. Wright and Young-Brickell

Similar(H 3678)
 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 eight 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
 eight 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 re-elections to that judicial office.-amended short title

   04/06/95  House  Introduced and read first time HJ-64
   04/06/95  House  Referred to Committee on Judiciary HJ-64
   05/16/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   05/18/95  House  Objection by Rep. Hodges, Scott, Wilkes, Knotts,
                     Kirsh, Lloyd, Moody-Lawrence, Huff, R. Smith,
                     Harrison, D. Smith, Byrd, Inabinett, Howard &
                     Easterday HJ-52
   05/30/95  House  Amended HJ-54
   05/30/95  House  Read second time HJ-67
   05/30/95  House  Roll call Yeas-111  Nays-0 HJ-67
   05/31/95  House  Objection withdrawn by Rep. Scott HJ-45
   05/31/95  House  Read third time and sent to Senate HJ-50
   06/01/95  Senate Introduced and read first time SJ-13
   06/01/95  Senate Referred to Committee on Judiciary SJ-13
   03/27/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   04/04/96  Senate Amended SJ-43
   04/04/96  Senate Read second time SJ-43
   04/04/96  Senate Ordered to third reading with notice of
                     amendments SJ-43
   05/02/96  Senate Amended SJ-19
   05/02/96  Senate Read third time and returned to House with
                     amendments SJ-19
   05/08/96  House  Senate amendment amended HJ-34
   05/08/96  House  Returned to Senate with amendments HJ-36
   05/09/96  Senate Non-concurrence in House amendment SJ-51
   05/14/96  House  House insists upon amendment and conference
                     committee appointed Reps. Delleney, D. Smith &
                     Fleming HJ-52
   05/15/96  Senate Conference committee appointed Sens. McConnell,
                     Moore, Courson SJ-9
   05/22/96  Senate Free conference powers granted SJ-96
   05/22/96  Senate Free conference committee appointed Sens.
                     McConnell, Moore, Courson SJ-96
   05/22/96  Senate Free conference report received and adopted SJ-96
   05/23/96  House  Free conference powers rejected HJ-74
   05/23/96  Senate  Reconsider adoption of free conference report SJ-37
   05/28/96  House  Free conference powers granted HJ-35
   05/28/96  House  Free conference committee appointed Delleney, D.
                     Smith & Fleming HJ-35
   05/28/96  House  Free conference report adopted HJ-37
   05/29/96  Senate Free conference powers granted SJ-42
   05/29/96  Senate Free conference committee appointed Sens. Moore,
                     McConnell, Courson SJ-42
   05/29/96  Senate Free conference report received and adopted SJ-42
   05/29/96  Senate Ordered enrolled for ratification SJ-47
   05/30/96         Ratified R 479
   05/30/96         No signature required
   05/30/96          No effective date
   06/17/96         Copies available
   08/29/96         Act No. 471

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 EIGHT 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 EIGHT 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 COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

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

Qualifications of justices and judges

SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, be 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 at least thirty-two years, has not been a licensed attorney at law for at least eight 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 at least thirty-two years of age and to have at least eight 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."

Question

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 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 eight 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 at least thirty-two years of age and to have at least eight 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?

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'."

Judicial Merit Selection Commission; persons eligible

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 Commission 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 commission to fill a vacancy on these courts.

No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."

Question

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:

"Shall 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 commission 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, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?

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'."

Ratified the 30th day of May, 1996.