Current Status Bill Number:685 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950329 Primary Sponsor:Land, All Sponsors:Land, Holland, Bryan, Giese, J. Verne Smith, Wilson, Greg Smith, Hayes, Saleeby, Moore, Courson, Courtney, Jackson, Rankin, Martin, Thomas, Williams, Patterson, McConnell, Russell, Waldrep and Cork Drafted Document Number:bbm\10028ac.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judges, election of
Body Date Action Description Com Leg Involved
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Senate 19950329 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL CIRCUITS SO AS TO INCREASE THE AT-LARGE NUMBER OF JUDGES FROM TEN TO THIRTEEN; TO AMEND SECTION 14-8-10, RELATING TO THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF ASSOCIATE JUDGES FROM FIVE TO EIGHT; TO AMEND SECTION 14-8-80, RELATING TO PANELS ON THE COURT OF APPEALS SO AS TO INCREASE THE NUMBER OF PANELS FROM TWO TO THREE; TO AMEND SECTION 14-8-90, RELATING TO THE COURT OF APPEALS SITTING EN BANC SO AS TO CONFORM TO THE INCREASE IN THE NUMBER OF ASSOCIATE JUDGES; TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO INCREASE THE NUMBER OF JUDGES IN THE NINTH AND THIRTEENTH CIRCUITS FROM FOUR TO FIVE AND TO INCREASE THE NUMBER IN THE FIFTEENTH CIRCUIT FROM TWO TO THREE; TO PROVIDE THAT THE TERMS OF ALL JUDGES ADDED BY THIS ACT BEGIN JANUARY 1, 1996; AND TO PROVIDE THAT THE TERMS OF THE ASSOCIATE JUDGES OF THE COURT OF APPEALS ADDED BY THIS ACT ARE STAGGERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The third paragraph of Section 14-5-610 of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"In addition to the above judges authorized by this section, there must be ten thirteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10 13 respectively."
SECTION 2. Section 14-8-10 of the 1976 Code is amended to read:
"Section 14-8-10. There is hereby created the Court of Appeals (the Court), which shall be a part of the unified judicial system. The Court shall consist of a Chief Judge and five eight associate judges."
SECTION 3. Section 14-8-80 of the 1976 Code is amended to read:
"Section 14-8-80. (a) The Court shall sit in two three panels of three judges each. However, nothing herein shall in this section may be construed to prevent the Court from sitting as a whole.
(b) The Chief Judge shall be is responsible for the administration of the Court, subject to the provisions of Article V, Section 4 of the Constitution of this State. The Chief Judge shall assign the members of the panels and shall systematically rotate and interchange the members of the panels in accordance with rules promulgated by the Supreme Court. The Chief Judge shall preside over the panel of which he is a member and in his absence the judge senior in service and present shall preside. The judge senior in service and present on the other panel shall preside over the other panel. For the five associate judges whose terms begin on July 1, 1985, the determination of their length of service shall be based on their order of election, with the associate judge who is elected first being the associate judge senior in service; provided, however, that seniority among the judges on an interim Court of Appeals shall continue on the permanent Court of Appeals established by the provisions of this chapter and service on that Court shall be included in determining the length of service on the Court herein established.
(c) Cases shall must be distributed between the two three panels by the Chief Judge in accordance with rules promulgated by the Supreme Court; provided, that however, the Chief Judge may transfer cases from one panel to the other in order to maintain approximately equal caseloads for the two three panels.
(d) On a panel, three judges shall constitute a quorum, and the concurrence of a majority of the judges shall be is necessary for the reversal of the judgment below."
SECTION 4. Section 14-8-90 of the 1976 Code is amended to read:
"Section 14-8-90. (A) The Court may sit en banc to hear cases upon:
(a)(1) upon petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by four six judges of the Court; or
(b)(2) upon its own motion agreed to by four six judges of the Court.
(B) When the Court sits en banc, four six of the judges shall constitute a quorum and a concurrence of four six of the judges is necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his absence the judge senior in service and present shall preside."
SECTION 5. Section 20-7-1410 of the 1976 Code is amended to read:
"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Five Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Five Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Three Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit.
No county in the sixth circuit shall have more than one resident Family Court Judge."
SECTION 6. (A) The terms begin January 1, 1996, for the Circuit Court Judges, Associate Judges of the Court of Appeals, and the Family Court Judges as added by the amendments to Sections 14-5-610, 14-8-10, and 20-7-1410, respectively, of the 1976 Code, as contained in this act.
(B) The term of the Associate Judge of the Court of Appeals initially elected to:
(1) Seat 7 is for six years;
(2) Seat 8 is for four years;
(3) Seat 9 is for two years.
All subsequent terms for the Associate Judges of the Court of Appeals as added by this act are as provided for in Title 14, Chapter 8 of the 1976 Code.
SECTION 7. This act takes effect January 1, 1996, except that the General Assembly is authorized to elect the additional judges provided for in this act during its 1995 session with these judges taking office January 1, 1996.