Current Status Bill Number:4803 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19960321 Primary Sponsor:Harrison All Sponsors:Harrison and Wilkins Drafted Document Number:gjk\22440sd.96 Current Committee:Conference Committee 98 HCC Date of Last Amendment:19960515 Subject:Judges, recall or removal of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960529 Conference powers granted, 98 HCC Jennings
appointed Reps. to Committee of Baxley
Conference J. Young
Senate 19960529 Conference powers granted, 88 SCC McConnell
appointed Senators to Committee Russell
of Conference Rankin
Senate 19960529 Insists upon amendment
House 19960523 Non-concurrence in Senate amendment
Senate 19960515 Amended, read third time,
returned to House with amendment
Senate 19960514 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960509 Committee report: Favorable with 11 SJ
amendment
Senate 19960423 Introduced, read first time, 11 SJ
referred to Committee
House 19960419 Read third time, sent to Senate
House 19960418 Unanimous consent for third
reading on the next Legislative day
House 19960418 Read second time
House 19960418 Reconsidered vote whereby
the Resolution was given a second reading
and Amendment No. 1 was adopted
House 19960417 Amended, read second time
House 19960410 Committee report: Favorable 25 HJ
House 19960321 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 15, 1996
H. 4803
S. Printed 5/15/96--S.
Read the first time April 23, 1996.
PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 17, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 17. Within the unified court judicial system, the Supreme Court shall have the power, after a hearing, to remove any judge from office for misconduct, breach of judicial code of conduct, or persistent failure to perform the duties of the office, or to remove or retire any judge from office upon a finding of disability a mental or physical incapacity seriously interfering with the performance of his judicial duties which is, or is likely to become, of a permanent character. A justice shall not sit in any hearing involving his own that justice's removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court. The provisions of this section shall not be construed as precluding the removal of a judge by impeachment or any other method provided by this Constitution nor is the General Assembly, in a judicial impeachment proceeding, bound by the Supreme Court's findings of fact or conclusions of law made in a removal proceeding under this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 17, Article V, of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges be amended so as to permit the Supreme Court to remove any judge within the unified judicial system from office for misconduct, breach of any ethical obligation, habitual intemperance, or persistent failure to perform the duties of the office, and also to permit the Supreme Court to remove or retire any judge from office upon a finding of mental or physical incapacity rather than disability which seriously interferes with the performance of his duties which is or is likely to become permanent?
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'."