Current Status Bill Number:4003 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950412 Primary Sponsor:Neal, All Sponsors:Neal, Canty, Cave, Cobb-Hunter, Howard, Govan, Inabinett, Scott, Lloyd, White, L. Whipper and Moody-Lawrence Drafted Document Number:gjk\21690sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Judicial Merit Selection Panel
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, 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 PANEL TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, EXCEPT THAT NOTHING HEREIN PREVENTS THE GENERAL ASSEMBLY FROM REJECTING THE NOMINEES OF THE PANEL AND REQUIRING FURTHER NOMINATIONS.
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 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 Panel 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 panel to fill a vacancy on these courts, provided that nothing herein prevents the General Assembly from rejecting the nominees of the panel and requiring further nominations."
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 be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection panel to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, and to provide that the General Assembly must elect judges and justices for these courts from among these nominees, except that nothing herein prevents the General Assembly from rejecting the nominees of the panel and requiring further nominations?
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'."