Current Status Bill Number:3274 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950117 Primary Sponsor:Hodges All Sponsors:Hodges Drafted Document Number:gjk\21236sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judicial Merit Selection Panel
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950117 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO TEN THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE TEN YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE REELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION PANEL TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY MUST 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 PANEL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five ten years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be thirty-two years of age and to have ten years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."
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 Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the Circuit Court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to ten the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be thirty-two years of age and to have ten years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?
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. It is proposed that Article V of the Constitution of this State be amended by adding:
"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 Panel 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 election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the panel to fill a vacancy on these courts. No person may be elected to these judicial positions who has been found not qualified by the panel."
SECTION 4. 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 V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection panel to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts 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 panel?
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'."