Current Status Introducing Body:House Bill Number:3198 Primary Sponsor:McElveen Committee Number:25 Type of Legislation:JR Subject:Judicial Nominating Commission Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15019SD.93 Introduced Date:19930120 Last History Body:House Last History Date:19930120 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McElveen Farr Rogers Waites Barber J. Bailey Chamblee McLeod Houck Mattos Keyserling Haskins Neilson Cromer Richardson Corning Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
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3176 House 19930119 Introduced, read first time, 20
referred to Committee
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PROPOSING AN AMENDMENT TO ARTICLE V, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 29 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON COURTS OF THE UNIFIED JUDICIAL SYSTEM WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN FOUND "NOT QUALIFIED" BY THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 29. In addition to the qualifications for circuit court and court of appeals judges and Supreme Court justices contained in this article, the General Assembly shall establish a Judicial Nominating Commission to consider the qualifications and fitness of candidates for all judicial positions on courts of the unified judicial system which are filled by election of the General Assembly. The commission shall nominate the best qualified applicants for a vacancy on the courts. The General Assembly shall select the judges and justices from among the nominees of the commission to fill a vacancy. No person may be elected to these judicial positions who has been found `not qualified' by the commission."
SECTION 2. The proposed amendment 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 ballots:
"Must Article 5 of the Constitution of this State be amended by adding Section 29 so as to provide that the General Assembly shall establish a judicial nominating commission to nominate candidates for election to judicial positions on courts of the unified judicial system which are filled by election of the General Assembly, to provide that the General Assembly shall elect these judges and justices from among these nominees, and to provide that no person may be elected to these judicial positions who has been found `not qualified' by the 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'.