Current Status Bill Number:3679 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950223 Primary Sponsor:Cotty All Sponsors:Cotty and Cromer Drafted Document Number:gjk\21465sd.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
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL NOMINATING COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES 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; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THEY BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; AND TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL NOMINATING COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 14 of the 1976 Code is amended by adding:
Section 14-6-10. (A) There is created a Judicial Nominating Commission to assist the Governor in the selection of qualified justices and judges for all judicial vacancies in the Administrative Law Judge Division and on the Family Court, Circuit Court, Court of Appeals, and Supreme Court. The commission shall consist of the following:
(1) one member of the Judiciary Committee of the House of Representatives, appointed by the Speaker of the House, who shall serve ex officio;
(2) one member of the Judiciary Committee of the Senate, appointed by the Speaker Pro Tempore of the Senate, who shall serve ex officio;
(3) six practicing members of the South Carolina Bar admitted to practice for at least five years. The House of Representatives shall elect these members from congressional districts one, three, and five, and the Senate shall elect these members from congressional districts two, four, and six;
(4) two members who are retired justices or judges of courts of the unified court system of this State;
(5) two members of the general public who are not practicing or retired attorneys or current or former justices or judges of the unified court system of this State, one to be elected by the Senate and one to be elected by the House of Representatives.
(B) The terms of office of the legislative members on the commission are coterminous with their terms of office in the General Assembly. The terms of office of the nonlegislative members on the commission are for four years, and until their successors are elected and qualify, except that the terms of those members initially elected shall be as follows: the practicing attorneys at law elected by the House from the first, third, and fifth congressional districts, the retired justice or judge elected by the House and the member of the general public elected by the House shall serve initial terms of two years each. No member is eligible to succeed himself on the commission except that those members initially elected to two-year terms may be reelected for one full four-year term.
Section 14-6-20. Vacancies on the Judicial Nominating Commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.
Section 14-6-30. No member of the Judicial Nominating Commission is eligible for nomination, or appointment as a judge or justice of the state court system or administrative law judge division while serving on the commission or for three years after he ceases to be a member. No member of the commission may hold any other elected or appointed office under the United States, the State, or other governmental entity. No member of the commission shall hold an office in a political party.
Section 14-6-40. The Judicial Nominating Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman who shall serve for a term of one year and until his successor is appointed and qualifies. A member may succeed himself as chairman. In the event that the chairman must be absent, the commission shall choose a member to act as temporary chairman. The commission at its first meeting also shall organize and adopt rules for the purpose of governing its proceedings. Eight members of the commission constitutes a quorum at all meetings. No act of the commission is valid except by concurrence of eight of its voting members.
Section 14-6-50. All organizational meetings of the Judicial Nominating Commission are open to the public. A notice outlining the topics to be discussed must be given to the public not less than seventy-two hours before the meeting. Public participation is allowed at each organizational meeting. For purposes of this chapter, an `organizational meeting' is an initial meeting to discuss the commission's procedures and requirements for a vacancy.
Section 14-6-60. The General Assembly shall provide for the staff and operating expenses of the Judicial Nominating Commission. No member of the commission shall receive any compensation for commission services, except those set by law for travel, board, and lodging expenses incurred in the performance of commission duties.
Section 14-6-70. It is the responsibility of the Judicial Nominating Commission to determine when judicial vacancies are to occur in the Administrative Law Judge Division and on the Family Court, Circuit Court, Court of Appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination unless otherwise provided by law. For purposes of this chapter, a vacancy is created in the Administrative Law Judge Division or on Family Court, Circuit Court, Court of Appeals, or Supreme Court when any of the following occurs: a term expires; a new judicial position is created; or a judge can no longer serve due to resignation, retirement, disciplinary action, disability or death.
Section 14-6-80. (A) The Judicial Nominating Commission shall announce and publicize vacancies and forthcoming vacancies in the Administrative Law Judge Division or on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. A person who may desire to be considered for nomination as justice or judge may make application to the commission and any person or organization may submit to the commission the name of a person whom it desires to be considered for nomination. The commission will announce the names of those persons who have applied, or who have agreed to be considered.
(B) The commission shall establish procedures for, among other things:
(1) receipt of public statements in support of, or in opposition to, any of these candidates;
(2) private or public hearings when the commission considers it necessary;
(3) meetings in executive session when the commission considers it necessary.
Section 14-6-90. The responsibility of the Judicial Nominating Commission is to investigate and consider the qualifications of the candidates for judicial office in the Administrative Law Judge Division or on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but must not be limited to the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
Section 14-6-100. The Judicial Nominating Commission is authorized to investigate and obtain information relative to any candidate from any state agency or other group, including, but not limited to, court administration, any law enforcement agency, and the South Carolina Bar, to the extent permitted by law, and shall have the power to issue subpoenas requiring the appearance of persons or the production of documents or other tangible things.
The commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary for the investigation of candidates.
No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the commission on the ground that the testimony or evidence, documentary, or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise. However, the individual testifying is not exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by a person or refusal to obey a subpoena issued to a person, any Circuit Court of this State or circuit judge within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the commission may issue an order requiring the person to appear before the commission to produce evidence if so ordered or to give testimony concerning the matter under investigation. The failure to obey an order of the court may be punished as a contempt. Subpoenas must be issued in the name of the commission and must be signed by the commission chairman. Subpoenas must be issued to any person the commission designates.
Section 14-6-110. (A) Upon completion of the investigation, the Chairman of the Judicial Nominating Commission shall schedule a public hearing concerning the qualifications of the candidates. A person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification for the office to be filled. All final deliberations of the commission are secret and confidential. Within a reasonable time thereafter the commission shall render its tentative findings with its reasons to each candidate.
(C) As soon as possible after the completion of the hearing a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published before the date of the scheduled appointment and a copy must be furnished to each candidate.
(D) A candidate may withdraw at any stage of the proceedings and in that event no further inquiry, report on, or consideration of his candidacy may be made.
Section 14-6-120. Notwithstanding the provisions of this chapter, when there is no known opposition to the candidates for a particular judgeship, and there appears to be no substantial reason for having a public hearing, whether or not a candidate is an incumbent, and no request is made by at least three members of the Judicial Nominating Commission for a public hearing, the commission chairman, upon recommendation of the commission, may determine that a public hearing is unnecessary and it may not be held.
Section 14-6-130. All records, information, and other material that the Judicial Nominating Commission has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, must be kept strictly confidential. After the commission has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential must be destroyed.
Section 14-6-140. (A) Except as otherwise provided in this chapter and after careful consideration of the qualifications of all candidates for each judicial vacancy, the Judicial Nominating Commission shall select and submit to the Governor the names of not less than three nor more than five nominees whom it considers best qualified for the judicial office under consideration.
(B) The Governor must select one of these nominees from the list of nominees submitted, and the Governor shall appoint a nominee whose name must be submitted to the Senate for confirmation. If the Senate fails to reject any appointment of the Governor within thirty days after its submission, it 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 a second time to secure an appointment, the Governor shall make the appointment from the original list of nominees, without the Senate's consent.
Section 14-6-150. No candidate for an Administrative Law Judge, Family Court, Circuit Court, Court of Appeals, or Supreme Court judgeship, including a sitting judge, may directly or indirectly campaign or lobby the Governor for appointment to the office sought until the Judicial Nominating Commission has submitted its nominations.
Section 14-6-160. At least ninety days before the expiration of a justice's or judge's term of office, every justice or judge shall petition the Judicial Nominating Commission to be retained in office or shall inform the commission of an intention to retire. The commission shall review the incumbent's qualifications. There is a presumption that each incumbent judge who seeks reappointment to the same court qualifies for retention in judicial office. The burden of rebutting this presumption is on the commission. The commission shall investigate and interview each incumbent judge who seeks reappointment and, before the expiration of a term of office of the judge, shall recommend the incumbent judge for nomination for reappointment by the Governor to the same court unless, as provided in this section, recommendation of the judge is denied. If a preliminary examination indicates further inquiry is necessary before a recommendation of reappointment may be made, the commission shall hold a hearing concerning the reappointment of the judge. The commission, not later than twenty days after the close of the hearing, must render its decision whether it will recommend the incumbent judge for nomination for reappointment by the Governor. An affirmative vote of eight members present and voting is required to deny recommendation to the Governor for nomination of an incumbent judge to the same court.
A judge who has not received approval by the commission within ten days after receipt of the notice of decision, which includes a record of the numerical vote, may request a rehearing on the grounds that the conclusions of the commission are contrary to the evidence presented at the hearing or the commission failed to comply with the procedural or substantive requirements of this section.
The decision of the commission is final. There is no right of appeal to any judge appearing before the commission, at law or in equity, or any resort to any court following the decision of the commission.
If the commission determines that the justice or judge is qualified and should be retained in office, the commission shall forward the incumbent's name only to the Governor with a recommendation that the judge be reappointed.
If the commission denies recommendation of a judge or justice, if the Governor fails to make the reappointment within thirty days of presentation, or if the Senate rejects the reappointment within thirty days, a list of not less than three nor more than five nominees must be submitted by the commission to the Governor as provided under Section 14-6-140.
Section 14-6-170. In the case of Administrative Law Judges and Family Court Judges, if at least three applicants which the commission finds qualified do not apply for a particular judgeship, less than three names for that judgeship may be submitted by the commission to the Governor.
Section 14-6-180. The Judicial Nominating Commission shall adopt procedures to review the qualifications of retired justices or judges assigned to serve in particular courts pursuant to Section 14-1-215.
Section 14-6-190. The Judicial Nominating 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. Section 1-23-510 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-510. (A) The judges of the division must be elected by the General Assembly in joint session, appointed by the Governor, upon the advice and consent of the Senate, from a list of nominees submitted by the Judicial Nominating Commission for a term of five years and until their successors are elected appointed and qualify; provided, that of those judges initially elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, for terms of five years and until their successors are elected and qualify; provided, that those judges elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats.
(B) In electing appointing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.
(C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the provisions of Section 2-19-10, et seq.
(D) Each seat on the division must be numbered. Elections Appointments are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election appointment.
(E) (D) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the administrative law judge occupying Seat 2."
SECTION 3. Section 1-23-520 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-520. No person is eligible for the office of law judge of the division who does not at the time of his election appointment meet the qualification for justices and judges as set forth in Article V of the Constitution of this State."
SECTION 4. Section 1-23-525 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-525. No member of any General Assembly who is not otherwise prohibited from being elected appointed to an administrative law judge position may be elected appointed to such position while he is a member of the General Assembly and for a period of four years after he ceases to be a member of the General Assembly."
SECTION 5. Section 1-23-530 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-530. The judges of the division shall qualify after the date of their election appointment by taking the constitutional oath of office."
SECTION 6. Section 1-23-550 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-550. All vacancies in the office of administrative law judge must be filled in the manner of original appointment. When a vacancy is filled, the judge elected appointed shall hold office only for the unexpired term of his predecessor."
SECTION 7. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. Whenever an election is to be held by the General Assembly in Joint Session, including except for members of the judiciary, a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable."
SECTION 8. Section 14-1-215 of the 1976 Code, as last amended by Act 22 of 1993, is further amended to read:
"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or Circuit Court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any Circuit Court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 reviewed by the Judicial Nominating Commission established pursuant to Chapter 6 of Title 14 and found by the committee commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening of that justice or judge is required until that term would have expired if he is to be assigned to sit on the Court of Appeals or the Supreme Court.
(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals judge, Circuit Court judge, or Family Court judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 reviewed by the Judicial Nominating Commission and found by the committee commission to be qualified to serve."
SECTION 9. Section 14-3-10 of the 1976 Code is amended to read:
"Section 14-3-10. The Supreme Court shall consist of a Chief Justice and four associate justices, who shall must be elected by a joint viva voce vote of the General Assembly appointed by the Governor with consent by the Senate from a list of nominees submitted by the Judicial Nominating Commission. Justices shall serve for a term of ten years and shall continue in office to serve until their successors are elected appointed and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall be elected at the session of the General Assembly next preceding the expiration of their respective terms. The time for the commencement of their terms of office shall be is the first day of August after their election."
SECTION 10. Section 14-3-20 of the 1976 Code is amended to read:
"Section 14-3-20. The justices of the Supreme Court shall qualify within twelve months after the date of their election appointment by taking the constitutional oath or the office shall must be declared vacant by the Governor. The oath shall must be administered by a justice of said the court or by a circuit judge."
SECTION 11. Section 14-3-40 of the 1976 Code is amended to read:
"Section 14-3-40. All interim vacancies in the Supreme Court shall must be filled by elections as herein prescribed; provided that appointment as prescribed in Article V, Section 3 of the Constitution. However, if the unexpired term does not exceed one year such the vacancy may be filled by executive appointment. When a an interim vacancy is so filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."
SECTION 12. Section 14-5-110 of the 1976 Code is amended to read:
"Section 14-5-110. The circuit judges of this State, upon their election appointment, shall qualify by taking the oath required by the Constitution of this State before a justice of the Supreme Court, the President of the Senate, the Speaker or Speaker Emeritus of the House of Representatives, a circuit judge, a clerk of the Supreme Court, a clerk of the court of common pleas or a probate judge of the county, and shall forthwith immediately enter upon their duties. Such The oath must be filed in the office of the Secretary of State. Terms of office for all circuit judges elected after January 1, 1977, shall commence as of July first of the year in which they are elected appointed."
SECTION 13. Section 14-5-160 of the 1976 Code is amended to read:
"Section 14-5-160. Whenever any a circuit judge, pending his assignment to hold the courts of any circuit, shall die, resign, be dies, resigns, becomes disabled by illness, or be is excused for any other reason considered sufficient in the opinion of the Chief Justice of the Supreme Court or in case of a an interim vacancy in the office of circuit judge of any circuit or if a special session of the court of general sessions or common pleas be is ordered as provided for in Sections 14-5-910 to 14-5-950, the Chief Justice of the Supreme Court may assign any other another disengaged circuit judge to hold the courts of any such the circuit, to fill any appointment made necessary by such the vacancy or to hold any special session of the Circuit Court that may be ordered by the Chief Justice. However, if the unexpired term exceeds one year, the vacancy must be filled in the original manner of appointment as prescribed in Article V, Section 13 of the Constitution. When an interim vacancy is filled by appointment, the incumbent shall hold office only for the unexpired term of his predecessor."
SECTION 14. Section 14-5-610 of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:
(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
(5) The fifth circuit is composed of the counties of Kershaw and Richland.
(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
(9) The ninth circuit is composed of the counties of Charleston and Berkeley.
(10) The tenth circuit is composed of the counties of Anderson and Oconee.
(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
(12) The twelfth circuit is composed of the counties of Florence and Marion.
(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
(16) The sixteenth circuit is composed of the counties of York and Union.
One judge must be elected appointed from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected appointed from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected appointed from the fifth, ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there must be ten additional circuit judges elected by the General Assembly from the State at large appointed by the Governor with consent by the Senate from a list of nominees submitted by the Judicial Nominating Commission. Judges serve for terms of office of six years. These additional judges must be elected appointed without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10 respectively."
SECTION 15. Section 14-8-20 of the 1976 Code is amended to read:
"Section 14-8-20. (a)(A) The members of the Court of Appeals shall must be elected by joint public vote of the General Assembly appointed by the Governor with consent by the Senate from a list of nominees submitted by the Judicial Nominating Commission. Judges serve for a term of six years and until their successors are elected appointed and qualify; provided, however, that However, of those judges initially elected appointed, the Chief Judge (Seat 5) and the judge elected appointed to Seat 6 shall must be elected appointed for terms of six years each, the judges elected appointed to Seats 3 and 4 shall must be elected appointed for terms of four years each, and the judges elected appointed to Seats 1 and 2 shall must be elected appointed for terms of two years each. The terms of office of the judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date.
(b)(B) Each seat on the court shall must be numbered. Candidates shall be are required to file for a specific seat. Seat five 5 shall be is designated as the office of Chief Judge and shall be is a separate and distinct office for the purpose of an election appointment.
(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the Court."
SECTION 16. Section 14-8-30 of the 1976 Code is amended to read:
"Section 14-8-30. No person shall be is eligible for the office of Chief Judge or associate judge of the court who does not at the time of his election or appointment meet the qualifications for justices and judges as set forth in Article V of the Constitution of this State."
SECTION 17. Section 14-8-40 of the 1976 Code is amended to read:
"Section 14-8-40. The judges of the court shall qualify within twelve months after the date of their election appointment by taking the constitutional oath or the office shall must be declared vacant by the Governor. The oath shall must be administered by a justice of the Supreme Court, a judge of the Court of Appeals, or by a Circuit Court judge."
SECTION 18. Section 14-8-60 of the 1976 Code is amended to read:
"Section 14-8-60. All interim vacancies in the Court of Appeals shall must be filled in the manner of original election; provided, that appointment as prescribed in Article V, Section 8 of the Constitution. However, if the unexpired term does not exceed one year such the vacancy may be filled by executive appointment. When a an interim vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor."
SECTION 19. Section 20-7-1370 of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:
"Section 20-7-1370. A.(A) No person shall be is eligible to for the office of Family Court judge who is not at the time of his assuming the duties of such the office a citizen of the United States and of this State, and has not attained the age of twenty-six years, has not been a licensed attorney at law for at least five years, and has not been a resident of this State for five years next preceding his election appointment, and is not a resident of the circuit wherein where the Family Court of which he is a judge is located. Notwithstanding any other provision of law, any A former member of the General Assembly may be elected appointed to the office of Family Court judge.
B.(B) Family Court judges must be elected by the General Assembly appointed by the Governor with consent by the Senate from a list of nominees submitted by the Judicial Nominating Commission. Upon a vacancy on the Family Court and subject to the provisions of Section 14-6-170, the commission shall select not less than three nor more than five nominees for the vacancy and submit their names to the Governor. The Governor shall appoint one nominee for the position whose name must be submitted to the Senate for confirmation. However, in the case of an incumbent, only his name may be submitted, and in this event the Governor may reject such nominee and require other nominations as though no incumbent occupied such office. Upon confirmation, a Family Court judge shall serve for a terms term of six years and until their successors are elected and qualify his successor is appointed and qualifies.
If the Senate fails to reject any appointment of the Governor or the commission within thirty days after its submission, it 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 no appointment is made on a second attempt, the Governor shall make the appointment from the original list of nominees, without the Senate's consent.
C.(C) The terms of all Family Court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.
D.(D) For the purpose of electing appointing Family Court judges, if more than one judge is to be elected appointed from a circuit, each judgeship in that circuit shall must be serially numbered beginning with the number (1) and the General Assembly shall elect Governor shall appoint a judge for each such judgeship. Any A candidate for the office of Family Court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.
E.(E) When a vacancy occurs for an unexpired term in an office of Family Court judge, the vacancy must be filled in the original manner of appointment as prescribed in (B). However, if the unexpired term does not exceed one year the vacancy may be filled by the Governor, upon recommendation of the Chief Justice shall commission a temporary Family Court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such The temporary Family Court judge shall receive as compensation for his services the salary paid to a regular Family Court judge and in addition thereto also shall also receive the subsistence and mileage as authorized by law for Family Court judges.
When an interim vacancy is filled by appointment, the incumbent shall hold office only for the unexpired term of his predecessor. However, the Chief Justice may assign any other disengaged Family Court judge to hold the courts of the seat until the vacancy is filled.
(F) At least ninety days before the expiration of a Family Court judge's term of office, every Family Court judge shall petition the commission to be retained in office or shall inform the commission of an intention to retire. If the commission determines that the Family Court judge is qualified and should be retained in office, the commission shall forward the incumbent's name to the Governor with a recommendation that the Family Court judge be reappointed as provided under Section 14-6-120."
SECTION 20. Section 20-7-1410 of the 1976 Code is amended to read:
"Section 20-7-1410. The General Assembly Governor shall elect appoint, pursuant to Section 20-7-1370, a number of Family Court judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court judge must be a resident of one of the counties which does not have the largest population in the circuit.
No county in the sixth circuit shall have more than one resident Family Court judge."
SECTION 21. Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed.
SECTION 22. This act takes effect on the first day of January following the ratification of an amendment to Article V of the Constitution of this State establishing a Judicial Nominating Commission to assist the Governor in the selection of judges and justices of the Administrative Law Judge Division, Circuit Court, Court of Appeals, Supreme Court, Family Court, and other courts of uniform jurisdiction as provided by the General Assembly.