Current Status Bill Number:3678 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950223 Primary Sponsor:Cotty All Sponsors:Cotty and Cromer Drafted Document Number:gjk\21463sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judicial appointments
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950223 Introduced, read first time, 25 HJ
referred to Committee
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PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 3. The members of the Supreme Court shall be elected by a joint public vote of the General Assembly must be appointed by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the Judicial Nominating Commission. Upon a vacancy on the Supreme Court, the Judicial Nominating Commission shall select not less than three nor more than five nominees for the vacancy and submit their names to the Governor, except that in the case of an incumbent, only his name may be submitted as authorized in Section 17 of this article. The Governor must select one of these nominees from the list of nominees submitted and shall appoint a nominee whose name must be submitted to the Senate for confirmation. However, if only an incumbent's name is submitted, the Governor may reject such nominee and require other nominations as though no incumbent occupied such office. Upon confirmation, members shall serve for a term of ten years, and shall continue in office until their successors shall be elected are appointed and qualified qualify., and The terms of members of the Supreme Court shall be classified so that the term of one of them shall expire every two years. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded.
If the Senate fails to reject any appointment of the Governor within thirty days after its submission, the Senate is considered to have given its consent to the appointment. If the Senate rejects any appointment, the same appointment procedure must be followed again. If this procedure fails for a second time to secure an appointment, the Governor shall thereupon make the appointment from the original list of nominees without the advice and consent of the Senate being required.
Any Supreme Court justice serving in office on the effective date of the ratification of the provisions of this section providing for the appointment of Supreme Court justices by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the Judicial Nominating Commission shall continue to serve until his then current term of office expires."
SECTION 2. It is proposed that Section 8, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 8. The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly must be appointed by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the Judicial Nominating Commission. Upon a vacancy on the Court of Appeals, the Judicial Nominating Commission shall select not less than three nor more than five nominees for the vacancy and submit their names to the Governor, except that in the case of an incumbent, only his name may be submitted as authorized in Section 17 of this article. The Governor must select one of these nominees from the list of nominees submitted and shall appoint a nominee whose name must be submitted to the Senate for confirmation. However, if only an incumbent's name is submitted, the Governor may reject such nominee and require other nominations as though no incumbent occupied such office. Upon confirmation, members shall serve for a term of six years, and shall continue in office until their successors shall be elected are appointed and qualified qualify. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms.
If the Senate fails to reject any appointment of the Governor within thirty days after its submission, the Senate is considered to have given its consent to the appointment. If the Senate rejects any appointment, the same appointment procedure must be followed again. If this procedure fails for a second time to secure an appointment, the Governor shall thereupon make the appointment from the original list of nominees without the advice and consent of the Senate being required.
Any judge of the Court of Appeals serving in office on the effective date of the ratification of the provisions of this section providing for the appointment of Court of Appeals judges by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the Judicial Nominating Commission shall continue to serve until his then current term of office expires."
SECTION 3. It is proposed that Section 13, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall must be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded. He shall hold office appointed by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the Judicial Nominating Commission. Upon a vacancy on the Circuit Court, the Judicial Nominating Commission shall select not less than three nor more than five nominees for the vacancy and submit their names to the Governor, except that in the case of an incumbent, only his name may be submitted as authorized in Section 17 of this article. The Governor must select one of these nominees from the list of nominees submitted and shall appoint a nominee whose name must be submitted to the Senate for confirmation. However, if only an incumbent's name is submitted, the Governor may reject such nominee and require other nominations as though no incumbent occupied such office. Upon confirmation, a Circuit Court judge shall serve for a term of six years, and until his successor is appointed and qualifies. At the time of his appointment, and at the time of his election he the judge shall be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge.
If the Senate fails to reject any appointment of the Governor within thirty days after its submission, the Senate is considered to have given its consent to the appointment. If the Senate rejects any appointment, the same appointment procedure must be followed again. If this procedure fails for a second time to secure an appointment, the Governor shall thereupon make the appointment from the original list of nominees without the advice and consent of the Senate being required.
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected appointed in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office."
SECTION 4. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 17. At least ninety days prior to the expiration of a justice's or judge's term of office which is filled by appointment of the Governor upon the advice and consent of the Senate from a list of nominations submitted by the Judicial Nominating Commission, the justice or judge shall petition the Judicial Nominating Commission to be retained in office or shall inform the commission of his intention to retire. The Judicial Nominating Commission shall review the incumbent's qualifications if he desires to be retained in office. If the Judicial Nominating Commission determines that the justice or judge should be retained in office, the commission shall forward the incumbent's name to the Governor with a recommendation that the judge be reappointed as provided by law.
Within the unified court system, the Supreme Court shall have the power, after hearing, to remove or retire any judge from office upon a finding of disability seriously interfering with the performance of his duties which is, or is likely to become, of a permanent character. A Justice shall not sit in any hearing involving his own removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court."
SECTION 5. It is proposed that Section 18, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 18. All vacancies occurring for any reason other than expiration of a term in the Supreme Court, Court of Appeals, or Circuit Court shall be filled by elections appointment as prescribed in Sections 3, 8, and 13 of this article; provided, that if the unexpired term does not exceed one year such vacancy may be filled by the Governor as provided by law. When such a vacancy is filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."
SECTION 6. It is proposed that Article V of the Constitution of South Carolina, 1895, is amended by adding:
"Section 27. There is created the South Carolina Judicial Nominating Commission to consider the qualifications and fitness of judicial candidates and to assist the Governor in the selection of qualified justices and judges to all judicial vacancies on the Circuit Court, Court of Appeals, Supreme Court, and those other courts of uniform jurisdiction as the General Assembly may provide by law. The nominating commission shall nominate not less than three nor more than five persons who are deemed best qualified among all applicants for a vacancy on any of these courts, except in cases where an incumbent desires to be reappointed, in which case his name only shall be submitted, and except in cases where the court of uniform jurisdiction is not established in the Constitution and the General Assembly by law provides for the submission of fewer nominations. The Governor shall appoint persons from among those nominated by the nominating commission to fill vacancies on these courts and must submit such appointments to the Senate for its advice and consent. The General Assembly by law shall provide for the establishment of the Judicial Nominating Commission and for its membership, duties, functions, and procedures."
SECTION 7. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 3, Article V, of the Constitution of South Carolina, 1895, relating to the Supreme Court; Section 8, Article V, relating to the Court of Appeals; Section 13, Article V, relating to the judicial circuits and the courts thereof; Section 17, Article V, relating to the removal or retirement of judges of the unified court system; and Section 18, Article V, relating to vacancies in the Supreme Court, Court of Appeals, and the Circuit Court, be amended so as to provide that judges of these courts must be appointed by the Governor upon the advice and consent of the Senate from a list of nominees submitted by the South Carolina Judicial Nominating Commission which shall be established by adding Section 27 to Article V for the purpose of nominating candidates for the above judicial offices and for judges of other courts of uniform jurisdiction as the General Assembly may provide by law?
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'."