South Carolina General Assembly
111th Session, 1995-1996

Bill 4111


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4111
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950412
Primary Sponsor:                   L. Whipper, 
All Sponsors:                      L. Whipper, Cromer, Kennedy,
                                   Inabinett, Breeland, Cobb-Hunter,
                                   Neal, Hallman, Allison, White, Cave,
                                   Moody-Lawrence, Howard, J. Brown,
                                   McMahand, Scott, S. Whipper,
                                   Phillips, Chamblee, Byrd, T. Brown,
                                   Wells, Seithel and Townsend 
Drafted Document Number:           jic\5772sd.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Judicial candidate
                                   qualifications



History


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

House   19950412  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.)

A BILL

TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A THREE-MEMBER JOINT COMMITTEE COMPOSED OF ACTIVE AND RETIRED JUDGES TO REVIEW THE QUALIFICATIONS OF INCUMBENT JUDGES WHO DESIRE TO BE RE-ELECTED TO THE SAME JUDICIAL OFFICE AND TO REVIEW THE QUALIFICATIONS OF OTHER CANDIDATES FOR THAT JUDICIAL OFFICE.

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

SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:

"Section 2-19-10. (a) Whenever an election is to be held by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight members, four of whom shall be members of the House of Representatives and four of whom shall be members of the Senate, shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be 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 desirable.

(b) Notwithstanding the above provisions, where an incumbent judge desires to be re-elected to the same judicial office, a three-member joint committee shall consider his qualifications as well as the qualifications of any other candidates for that judicial office. Two members shall be retired justices of the Supreme Court or retired judges of the Court of Appeals or Circuit Court to be appointed by the Chief Justice. One member shall be a sitting justice of the Supreme Court or a sitting judge of the Court of Appeals or the Circuit Court also to be appointed by the Chief Justice, except that this sitting judge shall not be serving on the same court as the incumbent judge who is being reviewed. Where the incumbent judge desiring to be re-elected is the Chief Justice, the three members of the joint committee shall be appointed by the senior associate justice of the Supreme Court. This three-member joint committee shall conduct the review in the same manner other reviews are conducted pursuant to this chapter and shall find the incumbent judge and the other candidates either `qualified' or `not qualified' for re-election or election to that judicial office."

SECTION 2. This act takes effect upon approval by the Governor.

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