Current Status Bill Number:601 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950302 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:jud6026.jeb Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judicial screening committee
Body Date Action Description Com Leg Involved
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Senate 19950302 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; AND TO AMEND SECTION 2-19-80, RELATING TO REOPENING OF FILING WHERE AN INCUMBENT JUDGE WITHDRAWS, DIES, OR IS FOUND NOT QUALIFIED, SO AS TO ADD A REFERENCE TO ADMINISTRATIVE LAW JUDGES.
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 joint session, including except for members of the judiciary and the Public Service Commission, a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall must meet as soon after its appointment as may be practicable and shall must elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable.
(B) When an election is to be held in joint session and the office to be filled is an administrative law, family court, circuit court, court of appeals Court of Appeals, or Supreme Court judgeship, the joint committee must include, in addition to the legislative members, the following nonlegislative members:
(1) two members from the State at large who are not licensed attorneys or judges, one of whom must be appointed by the chairman of the Senate Judiciary Committee and one of whom must be appointed by the chairman of the House Judiciary Committee; and
(2) two members who are licensed attorneys, one of whom must be appointed by the chairman of the Senate Judiciary Committee from a list of not less than three persons submitted by the President of the South Carolina Bar Association, and one of whom must be appointed by the chairman of the House Judiciary Committee from a list of not less than three persons submitted by the President of the South Carolina Bar Association.
The terms of office for these nonlegislative members is for two years from the date of appointment with vacancies to be filled in the manner of original appointment.
(C) The joint committee to consider the qualifications of candidates for the Public Service Commission is provided in Section 58-3-26."
SECTION 2. Section 2-19-80 of the 1976 Code is amended to read:
"Section 2-19-80. Where the joint committee finds an incumbent judge for an administrative law, family court, circuit court, court of appeals Court of Appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates."
SECTION 3. The provisions of this chapter apply only to the review of qualifications of judicial candidates for offices to be filled after January 1, 1996.
SECTION 4. This act takes effect upon approval by the Governor.