S 192 Session 112 (1997-1998)
S 0192 General Bill, By Holland, Giese and M.T. Rose
Similar(H 3063)
A BILL RATIFYING 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; AND RATIFYING AN AMENDMENT TO ARTICLE V
OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27
SO AS TO PROVIDE THAT TH
01/16/97 Senate Introduced and read first time SJ-5
01/16/97 Senate Referred to Committee on Judiciary SJ-5
01/30/97 Senate Committee report: Favorable Judiciary SJ-18
02/04/97 Senate Recommitted to Committee on Judiciary SJ-24
COMMITTEE REPORT
January 30, 1997
S. 192
Introduced by Senators Holland, Giese and Rose
S. Printed 1/30/97--S.
Read the first time January 16, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 192), ratifying an amendment to
Section 15, Article V of the Constitution of South Carolina, 1895,
relating to qualifications for justices, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
THOMAS L. MOORE, for Committee.
A BILL
RATIFYING 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; AND
RATIFYING 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:
SECTION 1. The amendment to Section 15, Article V of the
Constitution of South Carolina, 1895, prepared under the terms of
Joint Resolution 471 of 1996, having been submitted to the qualified
electors at the general election of 1996 as prescribed in Section 1,
Article XVI of the Constitution of South Carolina, 1895, and a
favorable vote having been received on the amendment, is ratified
and declared to be a part of the Constitution so that Section 15 of
Article V 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 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
re-elections to that judicial office."
SECTION 2. The amendment to Article V of the Constitution of
South Carolina, 1895, prepared under the terms of Joint Resolution
471 of 1996, having been submitted to the qualified electors at the
general election of 1996 as prescribed in Section 1, Article XVI of
the Constitution of South Carolina, 1895, and a favorable vote having
been received on the amendment, is ratified and declared to be a part
of the Constitution so that Article V, is amended by adding Section
27 to read:
"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."
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