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S*1055 Session 119 (2011-2012)
S*1055(Rat #0271, Act #0244 of 2012) General Bill, By McConnell and Ford
Similar(H 4467)
AN ACT TO AMEND SECTION 14-27-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE
FOR TWO ADDITIONAL MEMBERS OF THE COUNCIL, THE CHIEF JUDGE OF THE SOUTH
CAROLINA COURT OF APPEALS AND A PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF
LAW, TO CHANGE THE PERSON SERVING FROM THE SOUTH CAROLINA BAR FROM THE
PRESIDENT OF THE SOUTH CAROLINA BAR TO ONE PERSON RECOMMENDED BY THE SOUTH
CAROLINA BAR, AND TO ADD A MUNICIPAL COURT JUDGE AS A MEMBER IN LIEU OF ONE OF
THE TWO MAGISTRATE COURT JUDGES; TO AMEND SECTION 14-27-30, AS AMENDED,
RELATING TO MEMBERS APPOINTED BY THE CHIEF JUSTICE, SO AS TO PROVIDE FOR THE
APPOINTMENT OF TWO SUMMARY COURT JUDGES IN LIEU OF TWO MAGISTRATE COURT
JUDGES, AND TO PROVIDE FOR THE APPOINTMENT OF ONE PERSON RECOMMENDED BY THE
CHARLESTON SCHOOL OF LAW; AND TO AMEND SECTION 14-27-40, AS AMENDED, RELATING
TO THE TERMS OF SERVICE, SO AS TO PROVIDE THAT THE CHIEF JUDGE SERVES DURING
THE TERM OF HIS OFFICE, THE PERSON RECOMMENDED BY THE SOUTH CAROLINA BAR AND
APPOINTED BY THE CHIEF JUSTICE SERVES COTERMINOUS WITH THE TERM OF THE
PRESIDENT OF THE SOUTH CAROLINA BAR WHO RECOMMENDED HIS APPOINTMENT, AND THE
PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW SERVES FOR A FOUR-YEAR
TERM. - ratified title
12/14/11 Senate Prefiled
12/14/11 Senate Referred to Committee on Judiciary
01/10/12 Senate Introduced and read first time (Senate Journal-page 31)
01/10/12 Senate Referred to Committee on Judiciary
(Senate Journal-page 31)
01/09/12 Senate Referred to Subcommittee: L.Martin (ch), Rankin,
Hutto, Bright, Davis
02/22/12 Senate Committee report: Favorable Judiciary
(Senate Journal-page 12)
02/23/12 Scrivener's error corrected
02/28/12 Senate Read second time (Senate Journal-page 27)
02/28/12 Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 27)
02/29/12 Senate Read third time and sent to House
(Senate Journal-page 15)
03/01/12 House Introduced and read first time (House Journal-page 15)
03/01/12 House Referred to Committee on Judiciary
(House Journal-page 15)
05/30/12 House Committee report: Favorable with amendment
Judiciary (House Journal-page 32)
06/05/12 House Amended (House Journal-page 75)
06/05/12 House Read second time (House Journal-page 75)
06/05/12 House Roll call Yeas-103 Nays-1 (House Journal-page 76)
06/06/12 House Read third time and returned to Senate with
amendments (House Journal-page 36)
06/06/12 Senate Concurred in House amendment and enrolled
(Senate Journal-page 98)
06/06/12 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 98)
06/12/12 Ratified R 271
06/18/12 Signed By Governor
06/25/12 Effective date 06/18/12
06/27/12 Act No. 244
S. 1055
(A244, R271, S1055)
AN ACT TO AMEND SECTION 14-27-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE COUNCIL, THE CHIEF JUDGE OF THE SOUTH CAROLINA COURT OF APPEALS AND A PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW, TO CHANGE THE PERSON SERVING FROM THE SOUTH CAROLINA BAR FROM THE PRESIDENT OF THE SOUTH CAROLINA BAR TO ONE PERSON RECOMMENDED BY THE SOUTH CAROLINA BAR, AND TO ADD A MUNICIPAL COURT JUDGE AS A MEMBER IN LIEU OF ONE OF THE TWO MAGISTRATE COURT JUDGES; TO AMEND SECTION 14-27-30, AS AMENDED, RELATING TO MEMBERS APPOINTED BY THE CHIEF JUSTICE, SO AS TO PROVIDE FOR THE APPOINTMENT OF TWO SUMMARY COURT JUDGES IN LIEU OF TWO MAGISTRATE COURT JUDGES, AND TO PROVIDE FOR THE APPOINTMENT OF ONE PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW; AND TO AMEND SECTION 14-27-40, AS AMENDED, RELATING TO THE TERMS OF SERVICE, SO AS TO PROVIDE THAT THE CHIEF JUDGE SERVES DURING THE TERM OF HIS OFFICE, THE PERSON RECOMMENDED BY THE SOUTH CAROLINA BAR AND APPOINTED BY THE CHIEF JUSTICE SERVES COTERMINOUS WITH THE TERM OF THE PRESIDENT OF THE SOUTH CAROLINA BAR WHO RECOMMENDED HIS APPOINTMENT, AND THE PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW SERVES FOR A FOUR-YEAR TERM.
Be it enacted by the General Assembly of the State of South Carolina:
Composition of Judicial Council altered
SECTION 1. Section 14-27-20 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:
"Section 14-27-20. The Judicial Council is composed of the following:
(1) the Chief Justice of the Supreme Court of South Carolina or some other member of the court designated by him or her;
(2) the Chief Judge of the South Carolina Court of Appeals;
(3) two circuit court judges of the State;
(4) two family court judges of the State;
(5) two probate judges of the State;
(6) the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors;
(7) the Dean or a member of the faculty of the Law School of the University of South Carolina;
(8) one person recommended by the Charleston School of Law;
(9) the President of the South Carolina Bar or his designee;
(10) the Lieutenant Governor or his designee;
(11) the Speaker of the House of Representatives or his designee;
(12) the Chairman of the Senate Finance Committee or his designee;
(13) the Chairman of the House Ways and Means Committee or his designee;
(14) the Chairman of the Senate Judiciary Committee or his designee;
(15) the Chairman of the House Judiciary Committee or his designee;
(16) the Director of the Legislative Council;
(17) six other members, of whom at least four must be members of the bar of this State;
(18) two summary court judges: one shall be a magistrate court judge, and one shall be a municipal court judge; and
(19) two masters-in-equity."
Members of Judicial Council appointed by Chief Justice altered
SECTION 2. Section 14-27-30 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:
"Section 14-27-30. The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit court judges; the two family court judges; the two probate judges; the two summary court judges; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; one person recommended by the Charleston School of Law; and the six remaining members of the Judicial Council.
The Lieutenant Governor, the Speaker of the House or their designees, the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina Bar or his designee all serve ex officio."
Terms of members of Judicial Council
SECTION 3. Section 14-27-40 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:
"Section 14-27-40. Members of the Judicial Council serve for the following terms:
(1) If he designates no other member of the Supreme Court, the Chief Justice serves during his term of office. If the Chief Justice designates some other member of the court, the other member serves during his term of office.
(2) The Lieutenant Governor, Speaker of the House or their designees, and the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers.
(3) The person recommended by the South Carolina Bar and appointed by the Chief Justice serves coterminous with the term of the President of the South Carolina Bar who makes the recommendation of the person for appointment.
(4) The Chief Judge of the South Carolina Court of Appeals serves during his term of office.
(5) The member of the legal department of the State (Attorney General, one of the Assistant Attorneys General, or one of the circuit solicitors) serves for a period of four years.
(6) The Dean or member of the faculty of the Law School of the University of South Carolina and the person recommended by the Charleston School of Law serve for a period of four years.
(7) The two circuit court judges serve for a period of four years each.
(8) The two family court judges serve for a period of four years each.
(9) The two judges of the probate courts serve for a period of four years each.
(10) The Director of the Legislative Council serves during his term of office.
(11) The two summary court judges serve for a period of four years each.
(12) The two masters-in-equity serve for a period of four years each.
(13) Three of the remaining six members of the Judicial Council must be appointed initially for terms of two years each, and three members must be appointed initially for terms of four years each. After the initial appointments, all six members must be appointed for terms of four years each.
The members designated in items (4), (5), (6), (7), (8), (9), (11), and (12) cease to be members of the Judicial Council before the expiration of their respective terms if they cease to hold the official positions entitling them to membership on the Judicial Council."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 12th day of June, 2012.
Approved the 18th day of June, 2012.
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