Current Status Introducing Body:
HouseBill Number: 4125Ratification Number: 404Act Number: 355Primary Sponsor: WilkinsType of Legislation: GBSubject: Judges, screening ofDate Bill Passed both Bodies: Apr 23, 1992Computer Document Number: CYY/18707.SDGovernor's Action: SDate of Governor's Action: May 04, 1992Introduced Date: Jan 14, 1992Date of Last Amendment: Apr 15, 1992Last History Body: ------Last History Date: May 04, 1992Last History Type: Act No. 355Scope of Legislation: StatewideAll Sponsors: Wilkins HarwellType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4125 ------ May 04, 1992 Act No. 355 4125 ------ May 04, 1992 Signed by Governor 4125 ------ Apr 28, 1992 Ratified R 404 4125 House Apr 23, 1992 Concurred in Senate amendment, enrolled for ratification 4125 Senate Apr 21, 1992 Read third time, returned to House with amendment 4125 Senate Apr 15, 1992 Amended, read second time 4125 Senate Apr 09, 1992 Amended 4125 Senate Apr 01, 1992 Committee Report: Favorable 11 with amendment 4125 Senate Mar 03, 1992 Introduced, read first time, 11 referred to Committee 4125 House Feb 27, 1992 Read third time, sent to Senate 4125 House Feb 26, 1992 Amended, read second time 4125 House Feb 19, 1992 Committee Report: Favorable 25 with amendment 4125 House Jan 14, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A355, R404, H4125)
AN ACT TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT ON THE COURT OF APPEALS OR THE SUPREME COURT, AND TO PROVIDE THAT EXCEPT AS PROVIDED ABOVE, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A JUSTICE OF THE SUPREME COURT OR AS A JUDGE OF THE COURT OF APPEALS OR THE CIRCUIT COURT, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE; AND TO AMEND SECTION 14-1-216, RELATING TO THE PROHIBITION AGAINST ACTIVE FAMILY COURT JUDGES BEING ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT THE CHIEF JUSTICE MAY APPOINT AN ACTIVE FAMILY COURT JUDGE AS A SPECIAL CIRCUIT COURT JUDGE TO PERFORM CERTAIN FUNCTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Screening of certain active and retired justices and judges
SECTION 1. Section 14-1-215 of the 1976 Code is amended to read:
"Section 14-1-215. (A) 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. 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 screened in the manner provided in Section 2-19-10 and found by the committee 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 screening of that justice or judge is required until that term would have expired if he is to be assigned to sit on the Court of Appeals or the Supreme Court.
(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals judge, or circuit court judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."
Service in circuit court for certain purposes
SECTION 2. Section 14-1-216 of the 1976 Code, as added by Part III, Section 4 of Act 610 of 1990, is amended to read:
"Section 14-1-216. No active family court judge may be assigned to preside over any official proceeding in the circuit court except that the Chief Justice may appoint an active family court judge as a special circuit court judge to accept grand jury presentments and to accept and impose sentences for pleas of guilty and nolo contendere."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of May, 1992.