Current Status Bill Number:
4004Type of Legislation: Joint Resolution JRIntroducing Body: HouseIntroduced Date: 19950412Primary Sponsor: Neal,All Sponsors: Neal, Canty, Cave, Cobb-Hunter, Howard, Govan, White, Inabinett, Scott, Lloyd, L. Whipper, Moody-Lawrence and T. BrownDrafted Document Number: gjk\21687sd.95Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Circuit court judges, election of
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950412 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE JUDGES THEREFOR, SO AS TO PROVIDE THAT THE JUDICIAL CIRCUITS OF THIS STATE SHALL BE THE SAME IN NUMBER AND SIZE AS ARE THE DISTRICTS FROM WHICH MEMBERS OF THE STATE SENATE ARE ELECTED, TO PROVIDE THAT RESIDENT JUDGES OF THE CIRCUIT COURTS MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE CIRCUIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND TO DELETE AUTHORIZATION FOR AT-LARGE CIRCUIT JUDGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 which in number and size shall be the same as the districts from which members of the state Senate are elected. 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 electors of that circuit in the manner that the General Assembly provides by law. 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 Circuit Judges shall 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 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 provisions in this section providing for the popular election of Circuit Judges may continue to serve for the term for which they were elected."
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 13, Article V of the Constitution of this State relating to the judicial circuits of this State and the judges therefor be amended so as to provide that the judicial circuits of this State shall be the same in number and size as are the districts from which members of the state Senate are elected, to provide that resident judges of the Circuit Courts must be elected by the qualified electors of the circuit in the manner the General Assembly shall provide by law, and to delete authorization for at-large circuit judges?
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'."