Current Status Bill Number:3297 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950118 Primary Sponsor:McElveen All Sponsors:McElveen Drafted Document Number:bbm\9748sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judicial Nominating Commission
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950118 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES; AND TO PROVIDE THAT THIS ACT TAKES EFFECT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF A JUDICIAL NOMINATING COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. (A) There is created the South Carolina Judicial Nominating Commission to assist the General Assembly in the selection of qualified justices and judges to all judicial vacancies on the Family Court, Circuit Court, Court of Appeals, or Supreme Court.
(B) The commission consists of:
(1) three members elected by the House of Representatives, none of whom may be members of the General Assembly, and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(2) three members elected by the Senate, none of whom may be members of the General Assembly and at least two of whom must be active members of the South Carolina Bar admitted to practice for at least five years and the remaining member may not be a lawyer;
(3) one member appointed by the Governor, who is not a member of the General Assembly. This member also may not be a lawyer.
(C) The terms of office of all members are for three years, except those initially selected have terms as follows: one member elected by the House of Representatives, one member elected by the Senate, and the member appointed by the Governor shall serve one year; one member elected by the House of Representatives and one member elected by the Senate shall serve two years; and one member elected by the House of Representatives and one member elected by the Senate shall serve three years. No member is eligible to succeed himself on the commission except members initially appointed or elected to terms of two years or less may be reappointed or re-elected for a full term. Vacancies on the commission must be filled for the remainder of the unexpired term in the same manner as provided for the original appointment or election.
(D) (1) No member of the commission is eligible for nomination, election, or appointment as a judge or justice of the state court system while serving on the commission or for a period of three years after he ceases to be a member.
(2) No member of the General Assembly may be elected as a judge or justice of the state court system while serving as a member of the General Assembly and for a period of one year after he ceases to be a member.
(E) In order to assure nondiscrimination and inclusiveness of all segments of the population, selections to the commission provided in this section should represent to the greatest extent possible the ethnic and gender composition of the State. Additionally, lawyer selectees should represent a cross section of the bar giving due consideration to age, type of practice, firm size, and other demographics. In order to achieve this representation, those making appointments or elections to the commission must establish a procedure for rotating who among them makes the first and subsequent appointments or elections as needed in successive years.
Section 2-20-20. The commission shall meet at least once annually and at such other times as may be designated by the chairman. The commission, at its first meeting and annually after that term, shall elect a chairman who shall serve for a term of one year and until his successor is elected and qualifies. Any member may succeed himself as chairman. The commission also, at its first meeting, shall organize and adopt rules for the purpose of governing its proceedings. Four members of the commission constitute a quorum at all meetings. Upon the appropriation of sufficient funds by the General Assembly, the commission may employ such clerical and stenographic assistance as may be necessary to effectuate the provisions of this chapter.
Section 2-20-30. For purposes of this chapter, a vacancy is created on a Family Court, Circuit Court, Court of Appeals, or Supreme Court when any of the following occurs:
(1) an elected term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, removal, disability, or death.
Section 2-20-40. (A) It is the responsibility of the commission to determine when judicial vacancies are to occur in the Family Court, Circuit Court, Court of Appeals, or Supreme Court and expeditiously to investigate in advance the qualifications of those who seek nomination.
(B) If possible, the commission must make nominations as provided below to the General Assembly during the opening week of the regular sessions of the General Assembly for vacancies which will occur in the normal course of events during that regular session of the General Assembly and before the next regular session of the General Assembly.
(C) In the case of vacancies not occurring in the normal course, the commission shall send to the General Assembly nominations for each vacancy as promptly as possible.
Section 2-20-50. The commission shall announce vacancies and forthcoming vacancies on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. All persons who may desire to be considered for nomination as justice or judge may make application for consideration by the commission and a person or organization, except this commission or any member of this commission, may submit to the commission the name of a person whom it desires to be considered for nomination. The commission shall announce the names of those persons who have applied or who have agreed to be considered. The commission shall establish procedures for including, but not limited to:
(1) a receipt of public statements in support of or in opposition to any of these candidates;
(2) public hearings when testimony is taken or evidence received;
(3) meetings in executive session only when the commission considers it necessary and then conducted in accordance with the provisions of Chapter 4 of Title 30.
Section 2-20-60. (A) The commission is responsible for investigating and considering the ability and suitability of the candidates for judicial office on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. Investigations and considerations of the commission should include, but are not limited to, the following areas: constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, and judicial temperament.
(B) The commission may receive the judicial evaluation information conducted by the South Carolina Bar on each candidate for judicial office from those who are the custodians of the data. In the event there has not been a survey on the candidate, the commission in its discretion may authorize the survey by the South Carolina Bar and may receive the judicial evaluation survey data. All of this data requested and received must be made available to the General Assembly and must be contained in the report of the commission. Any survey must be conducted at the expense of the Bar.
(C) The commission is authorized to obtain information relative to any candidate from any state agency or other group including, but not limited to, the State Court Administration, any law enforcement agency, and the South Carolina Bar, to the extent permitted by law, and has the power to issue subpoenas requiring the appearance of persons or the production of documents or other tangible things.
Section 2-20-70. (A) After careful consideration of the ability and suitability of each candidate for a judicial vacancy, the commission shall submit to the General Assembly the names of nominees, with its recommendation as to whether each is `Qualified for the Judicial Office Under Consideration', `Highly Qualified for the Judicial Office Under Consideration', or `Not Qualified for the Judicial Office Under Consideration'. If the commission determines that a candidate is either `Highly Qualified' or `Not Qualified', it must state in writing the reasons for such designation.
(B) If the commission concludes that no candidate is qualified or highly qualified for a vacancy, then the nominating process provided hereinabove shall recommence.
(C) Nothing shall prevent the General Assembly from rejecting all persons so nominated. In this event, further nominations in the manner required by this chapter must be made until the office is filled.
(D) The provisions of Chapter 19 of Title 2 do not apply to the election of Supreme Court Justices and judges of the Court of Appeals, Circuit Court and Family Court.
Section 2-20-80. (A) No candidate for a Family Court, Circuit Court, Court of Appeals, or Supreme Court judgeship, including a sitting judge, may directly or indirectly campaign among, or lobby, members of the General Assembly for election or re-election to a judicial position until such time as the commission has submitted its nominations to the General Assembly.
(B) No person, at any time, may directly or indirectly seek a pledge from any member of the General Assembly, whether on his own behalf or on behalf of another person, for any candidate or nominee for a vacancy on the Family Court, Circuit Court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
(C) No member of the General Assembly, at any time, may directly or indirectly pledge his vote to any candidate or nominee for a vacancy on the Family Court, Circuit Court, Court of Appeals, or Supreme Court until such time as the commission has submitted its nominations to the General Assembly.
Section 2-20-90. The commission shall adopt, with the approval of the General Assembly, regulations as are necessary to the purposes of the commission. The regulations shall address, among other things, the confidentiality of records and other information received concerning candidates for judicial office, prohibition against ex parte communication with individual members of the commission concerning the qualifications of candidates, and the conduct of proceedings before the commission."
SECTION 2. This act takes effect upon the ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Nominating Commission.