H 3764 General Bill, By Sheheen, Harrison, Altman and Delleney
 A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF
 JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE
 THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT
 CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.

   03/24/99  House  Introduced and read first time HJ-5
   03/24/99  House  Referred to Committee on Judiciary HJ-5
   05/12/99  House  Committee report: Favorable Judiciary HJ-6
   05/13/99  House  Read second time HJ-21
   05/13/99  House  Unanimous consent for third reading on next
                     legislative day HJ-23
   05/14/99  House  Read third time and sent to Senate HJ-2
   05/18/99  Senate Introduced and read first time SJ-5
   05/18/99  Senate Referred to Committee on Judiciary SJ-5
   05/19/99  Senate Committee report: Majority favorable, minority
                     unfavorable Judiciary SJ-15

Indicates New Matter

COMMITTEE REPORT

May 19, 1999

H. 3764

S. Printed 5/19/99--S.

Read the first time May 18, 1999.

To whom was referred a Bill (H. 3764), to amend Section 14-1-215, as amended, Code of Laws of South Carolina, 1976, relating to a retired judge or justice, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

Majority favorable. Minority unfavorable.

DONALD H. HOLLAND GLENN F. McCONNELL

For Majority. For Minority.

TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.

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

SECTION 1. Section 14-1-215 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"Section 14-1-215. A retired judge or justice from the Supreme Court, court of appeals, or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. An active retired judge from the circuit court shall have the same powers at chambers as a judge of the circuit court. A retired judge or justice from the Supreme Court or court of appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or court of appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.

In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed in the manner provided in Section 2-19-10 et seq. and found by the commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."

SECTION 2. This act takes effect upon approval by the Governor.