Current Status Bill Number:3275 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950117 Primary Sponsor:Hodges All Sponsors:Hodges Drafted Document Number:gjk\21237sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Family court judges
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950117 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR THE OFFICE OF FAMILY COURT JUDGE, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THIS OFFICE, 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 THIS OFFICE, TO PROVIDE THAT ANY FAMILY COURT JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A FAMILY COURT 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 AT LAW FOR PURPOSES OF FUTURE REELECTIONS TO THE OFFICE OF FAMILY COURT JUDGE, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15 OF ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO-YEAR-OLD AGE REQUIREMENT AND A TEN-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1370(A) of the 1976 Code is amended to read:
"A. No person shall be eligible to the office of Family Court judge who is not at the time of his assuming the duties of such office 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, and is not a resident of the circuit wherein the Family Court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of Family Court judge.
Any Family Court judge serving in office on the effective date of the provisions of this section requiring a Family Court 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 the office of Family Court judge."
SECTION 2. This act takes effect upon ratification of an amendment to Section 15 of Article V of the Constitution of this State providing for a thirty-two-year-old age requirement and a ten-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the Circuit Court.