H*3063 Session 112 (1997-1998)
H*3063(Rat #0151, Act #0076 of 1997) General Bill, By Wilkins, Altman, Bailey,
H. Brown, J. Brown, Carnell, Cato, Cotty, Gamble, Harrell, Harrison, Haskins,
Kirsh, Littlejohn, Meacham, Quinn, Riser, Robinson, Sandifer, Seithel, Sharpe,
Simrill, D. Smith, J. Smith, Stille, Stuart, Townsend, Vaughn, Walker, Whatley,
Wilkes, Witherspoon and Young-Brickell
Similar(S 192)
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 ESTABLIS
12/18/96 House Prefiled
12/18/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-33
01/14/97 House Referred to Committee on Judiciary HJ-34
01/22/97 House Committee report: Favorable Judiciary HJ-3
01/29/97 House Read second time HJ-16
01/30/97 House Read third time and sent to Senate HJ-6
01/30/97 Senate Introduced and read first time SJ-11
01/30/97 Senate Referred to Committee on Judiciary SJ-11
05/13/97 Senate Recalled from Committee on Judiciary SJ-7
05/15/97 Senate Read second time SJ-16
05/15/97 Senate Unanimous consent for third reading on next
legislative day SJ-16
05/16/97 Senate Read third time and enrolled SJ-1
06/04/97 Ratified R 151
06/04/97 No signature required
06/24/97 Copies available
06/24/97 Act No. 76
(A76, R151, H3063)
AN ACT 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:
Qualifications revised
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."
Judicial Merit Selection Commission
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."
Ratified the 4th day of June, 1997. |