Current Status Bill Number:3916 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950404 Primary Sponsor:R. Smith All Sponsors:R. Smith Drafted Document Number:GJK\21600SD.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judges, magistrates; election of
Body Date Action Description Com Leg Involved
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House 19950404 Introduced, read first time, 25 HJ
referred to Committee
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PROPOSING AN AMENDMENT TO SECTIONS 1, 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, AND OTHER COURTS OF UNIFORM JURISDICTION, SO AS TO PROVIDE THAT THE JUDGES OR JUSTICES OF THESE COURTS MUST BE ELECTED BY THE QUALIFIED VOTERS OF THIS STATE IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE CONSTITUTION, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT MAGISTRATES MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY IN WHICH THEY SERVE, AND MUNICIPAL JUDGES MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE MUNICIPALITY IN WHICH THEY SERVE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1, Article V of the Constitution of this State be amended to read:
"Section 1. The judicial power shall be vested in a unified judicial system, which shall include a Supreme Court, a Court of Appeals, a Circuit Court, and such other courts of uniform jurisdiction as may be provided for by general law.
Judges of these other courts of uniform jurisdiction not specifically enumerated in this article must be elected by the qualified voters of this State in the manner the General Assembly shall provide. The provisions of this paragraph do not apply to magistrates or municipal court judges."
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 ballot:
"Must Section 1, Article V of the Constitution of this State relating to courts of uniform jurisdiction be amended so as to provide that judges of courts of uniform jurisdiction other than those specifically enumerated in the Constitution must be elected by the qualified voters of this State in the manner the General Assembly shall 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'."
SECTION 3. It is proposed that Section 3 of Article V of the Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court shall be elected by a joint public vote of the qualified voters of the State in the manner that the General Assembly shall provide for a term of ten years, and shall continue in office until their successors shall be are elected and qualified, and 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.
Nothing herein prevents the General Assembly from providing for staggered terms of Justices of the Supreme Court in the first popular election of such Justices.
Persons serving as Supreme Court Justices on the effective date of the provision in this section providing for the popular election of Supreme Court Justices may continue to serve for the term for which they were elected."
SECTION 4. 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 ballot:
"Must Section 3, Article V of the Constitution of this State relating to Justices of the Supreme Court be amended so as to provide that Supreme Court Justices must be elected by the qualified voters of the State in the manner the General Assembly shall 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'."
SECTION 5. It is proposed that Section 8 of Article V of the Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly the qualified voters of this State in the manner the General Assembly shall provide for a term of six years and shall continue in office until their successors shall be are elected and 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, Nothing herein prevents the General Assembly shall from providing by law provide for staggered terms of Judges of the Court of Appeals in the first popular election of such Judges.
Persons serving as Judges of the Court of Appeals on the effective date of the provision in this section providing for the popular election of Judges of the Court of Appeals may continue to serve for the term for which they were elected."
SECTION 6. 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 ballot:
"Must Section 8, Article V of the Constitution of this State relating to Judges of the Court of Appeals be amended so as to provide that Judges of the Court of Appeals must be elected by the qualified voters of this State in the manner the General Assembly shall 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'."
SECTION 7. It is proposed that Section 13, Article V of the Constitution of this State be 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 the qualified voters of the State in the manner that the General Assembly provides. He shall hold office for a term of six years, and at the time of his election he shall must be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge. The General Assembly may by law provide for additional Circuit Judges, to be assigned by the Chief Justice. Such additional Additional Circuit Judges shall must be elected 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 is not be a qualification for office.
Nothing herein prevents the General Assembly from providing for staggered terms of Judges of the Circuit Court in the first popular election of such Judges.
Persons serving as Circuit Judges on the effective date of the provision in this section providing for the popular election of Circuit Judges may continue to serve for the term for which they were elected."
SECTION 8. 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 ballot:
"Must Section 13, Article V of the Constitution of this State relating to Circuit Court Judges be amended so as to provide that Judges of the Circuit Courts be elected by the qualified voters of the State in the manner the General Assembly shall 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'."
SECTION 9. It is proposed that Section 26, Article V of the Constitution of this State be amended to read:
"Section 26. (A) The Governor, by and with the advice and consent of the Senate, shall appoint a number of magistrates for each county as provided by law. Magistrates must be elected by the qualified electors of the county in which they shall serve in the manner the General Assembly shall provide by law. The General Assembly shall provide for their number, terms of office, and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State.
(B) Municipal judges must be elected by the qualified electors of the municipality in which they shall serve in the manner the General Assembly shall provide by law.
(C) Nothing herein prevents the General Assembly from providing for staggered terms of magistrates and municipal judges in their first popular election. Magistrates and municipal judges serving in office on the effective date of the provisions in this section providing for their popular election may continue to serve for the term for which they were appointed, if any."
SECTION 10. 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 ballot:
"Must Section 26, Article V of the Constitution of this State relating to magistrates be amended so as to provide that magistrates must be elected by the qualified electors of the county in which they serve, and municipal judges must be elected by the qualified electors of the municipality in which they serve?
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'."