South Carolina General Assembly
111th Session, 1995-1996

Bill 3962


                    Current Status

Bill Number:                    3962
Ratification Number:            479
Act Number:                     471
Type of Legislation:            Joint Resolution JR
Introducing Body:               House
Introduced Date:                19950406
Primary Sponsor:                Wilkins
All Sponsors:                   Wilkins, Harrison, D. Smith, Huff,
                                Wells, Witherspoon, H. Brown, Sharpe,
                                Meacham, Fulmer, Fleming, Mason, Wright,
                                A. Young, Keegan, Cain, Tripp, Rice,
                                Riser, Herdklotz, Seithel, Kelley,
                                Trotter, Haskins, Simrill, Hutson,
                                Wofford, Marchbanks, Cotty, Fair,
                                R. Smith, Harrell, Stuart, Klauber,
                                Walker and Sandifer 
Drafted Document Number:        gjk\21673sd.95
Date Bill Passed both Bodies:   19960529
Date of Last Amendment:         19960529
Governor's Action:              U  Signature of Governor not
                                required
Date of Governor's Action:      19960530
Subject:                        Judicial Merit Selection
                                Commission

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960829  Act No. A471
------  19960530  Signature of Governor not required
------  19960530  Ratified R479
Senate  19960529  Ordered enrolled for ratification
Senate  19960529  Free Conference Committee Report         89 SFCC
                  adopted
Senate  19960529  Free Conference Powers granted,          89 SFCC McConnell
                  appointed Senators to Committee                  Moore
                  of Free Conference                               Courson
House   19960528  Free Conference Committee Report         99 HFCC
                  adopted
House   19960528  Free Conference Powers granted,          99 HFCC Delleney
                  appointed Reps. to Committee of                  D. Smith
                  Free Conference                                  Fleming
Senate  19960523  Reconsidered vote whereby Free           89 SFCC      McConnell
                  Conference Powers were granted                   Moore
                  and Senators appointed to Committee              Courson
                  of Free Conference 
Senate  19960523  Reconsidered vote whereby Free 
                  Conference Committee Report was
                  adopted
House   19960523  Free Conference Powers rejected
Senate  19960522  Free Conference Committee Report         89 SFCC
                  adopted
Senate  19960522  Free Conference Powers granted,          89 SFCC McConnell
                  appointed Senators to Committee                  Moore
                  of Free Conference                               Courson
Senate  19960515  Conference powers granted,               88 SCC  McConnell
                  appointed Senators to Committee                  Moore
                  of Conference                                    Courson
House   19960514  Conference powers granted,               98 HCC  Delleney
                  appointed Reps. to Committee of                  D. Smith
                  Conference                                       Fleming
House   19960514  Insists upon amendment
Senate  19960509  Non-concurrence in House amendment
House   19960508  Senate amendments amended,
                  returned to Senate with amendment
Senate  19960502  Amended, read third time, 
                  returned to House with amendment
Senate  19960404  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19960404  Amended
Senate  19960327  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950601  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950531  Read third time, sent to Senate
House   19950531  Objection withdrawn by Representative            Scott
House   19950530  Amended, read second time
House   19950518  Objection by Representative                      Hodges
                                                                   Scott
                                                                   Wilkes
                                                                   Knotts
                                                                   Kirsh
                                                                   Lloyd
                                                                   Moody-
                                                                   Lawrence
                                                                   Huff
                                                                   R. Smith
                                                                   Harrison
                                                                   D. Smith
                                                                   Byrd
                                                                   Inabinett
                                                                   Howard
                                                                   Easterday
House   19950516  Committee report: Favorable with         25 HJ
                  amendment
House   19950406  Introduced, read first time,             25 HJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A471, R479, H3962)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE REELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

Be it enacted by the General Assembly of the State of South Carolina:

Qualifications of justices and judges

SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, be amended to read:

"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election.

Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."

Question

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:

"Shall Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?

Yes []

No []

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'."

Judicial Merit Selection Commission; persons eligible

SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:

"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.

No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."

Question

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 ballots:

"Shall Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?

Yes []

No []

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'."

Ratified the 30th day of May, 1996.