Current Status Bill Number:3478 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950202 Primary Sponsor:Neilson All Sponsors:Neilson, Wofford, Kelley, Meacham, Cooper, Limehouse, Littlejohn, Simrill, Allison, Wofford, Jaskwhich, Herdklotz, Hutson, Vaughn, Davenport, Williams, Wells, Easterday, Riser, Fair and Seithel Drafted Document Number:br1\18088ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judiciary, election of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950202 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 30 SO AS TO PROVIDE THAT A MEMBER OF THE JUDICIARY ELECTED BY THE GENERAL ASSEMBLY ONLY MAY SERVE TWELVE YEARS IN ONE JUDICIAL POSITION, TO PROVIDE THAT SERVICE IN ANOTHER JUDICIAL POSITION DOES NOT CONSTITUTE PRIOR SERVICE, AND TO PROVIDE THAT A MEMBER OF THE JUDICIARY SERVING WHEN THIS SECTION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THE MEMBER IS CURRENTLY SERVING PLUS TWELVE YEARS THEREAFTER.
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 South Carolina, 1895, is amended by adding:
"Section 30. A member of the judiciary elected by the General Assembly only may serve twelve years in one judicial position to which the person is elected. Service in a different judicial position does not constitute prior service for purposes of this section; however, the twelve-year limitation applies to a judicial position whether or not the terms served in the position are consecutive or nonconsecutive. A member of the judiciary serving on the effective date of the ratification of this section may continue to serve the member's then current term and if reelected up to twelve years thereafter."
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 V of the Constitution of this State relating to the Judicial Department be amended so as to provide that members of the judiciary elected by the General Assembly must be limited to serving twelve years in one judicial position and to provide that a member of the judiciary serving when this provision is ratified into law may complete the term which they are currently serving and if reelected up to twelve years thereafter?
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'."