S 1100 Session 121 (2015-2016) Summary: Amendment to the S.C. constitution
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S 1100 Joint Resolution, By Shealy A JOINT RESOLUTION TO AMEND ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, TO PROVIDE THAT SUPREME COURT JUSTICES, JUDGES ON THE COURT OF APPEALS, AND CIRCUIT COURT JUDGES SHALL BE APPOINTED BY THE GOVERNOR WITH THE APPROVAL OF THE GENERAL ASSEMBLY RATHER THAN ELECTED BY THE GENERAL ASSEMBLY, AND TO CONFORM PROVISIONS CONCERNING THE JUDICIAL MERIT SCREENING COMMISSION TO THE APPOINTMENT PROCESS. 02/18/16 Senate Introduced and read first time (Senate Journal-page 6) 02/18/16 Senate Referred to Committee on Judiciary (Senate Journal-page 6)
TO AMEND ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, TO PROVIDE THAT SUPREME COURT JUSTICES, JUDGES ON THE COURT OF APPEALS, AND CIRCUIT COURT JUDGES SHALL BE APPOINTED BY THE GOVERNOR WITH THE APPROVAL OF THE GENERAL ASSEMBLY RATHER THAN ELECTED BY THE GENERAL ASSEMBLY, AND TO CONFORM PROVISIONS CONCERNING THE JUDICIAL MERIT SCREENING COMMISSION TO THE APPOINTMENT PROCESS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. A. It is proposed that Section 3, Article V of the Constitution be amended to read:
"Section 3. The members of the Supreme Court shall be B. It is proposed that Section 9, Article V of the Constitution be amended to read:
"Section 9. The members of the Court of Appeals shall be C. It is proposed that Section 13, Article V of the Constitution be amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall be
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be D. It is proposed that Section 18, Article V of the Constitution be amended to read:
"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled E. It is proposed that Section 27, Article V of the Constitution be amended 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
No person may be SECTION 2. The proposed amendments in Section 1 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 ballot: "Must Article V of the 1895 Constitution, relating to the Judicial Department, be amended to provide that Supreme Court Justices, judges on the Court of Appeals, and Circuit Court judges must be appointed by the Governor upon the approval of the General Assembly after being found qualified and fit for office by the Judicial Merit Screening Commission?
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. This joint resolution takes effect upon approval by the Governor.
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