Current Status Bill Number:629 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970409 Primary Sponsor:Holland All Sponsors:Holland and McConnell Drafted Document Number:jud9012.dhh Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judges, election of by General Assembly, Supreme Court to make no Rule infringing upon power to elect, Constitution
Body Date Action Description Com Leg Involved
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Senate 19970409 Introduced, read first time, 11 SJ
referred to Committee
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PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RULES AND THE DISCIPLINE OF PERSONS ADMITTED TO PRACTICE LAW, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL MAKE RULES GOVERNING THE PRACTICE AND PROCEDURE IN ALL COURTS OF THIS STATE SUBJECT TO STATUTORY LAW AND LEGISLATIVE APPROVAL; TO FURTHER PROVIDE THAT THE SUPREME COURT SHALL MAKE NO RULE THAT INFRINGES, EITHER DIRECTLY OR BY IMPLICATION, UPON THE GENERAL ASSEMBLY'S POWER TO QUALIFY AND ELECT JUDGES; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS PRECLUDING THE REMOVAL OF A JUDGE BY IMPEACHMENT 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 DISCIPLINARY PROCEEDING UNDER THIS SECTION.
Whereas, by constitutional and statutory law, it is the General Assembly which has the power to qualify and elect judges and justices; and
Whereas, the Supreme Court recognized last year this limitation on its powers to remove judges when it submitted H. 4803 in the proper, lawful manner through a proposed constitutional amendment; and
Whereas, the Supreme Court has promulgated Rule 7(b)(1) and (2) of the Rules for Judicial Disciplinary Enforcement, relating to the removal and suspension of judges, bypassing the General Assembly which had serious concerns about the proposal and refused to enact the legislation. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V, Section 4 of the Constitution of this State be amended to read:
"Section 4. The Chief Justice of the Supreme Court shall be the administrative head of the unified judicial system. He shall appoint an administrator of the courts and such assistants as he deems considers necessary to aid in the administration of the courts of the State. The Chief Justice shall set the terms of any court and shall have the power to assign any judge to sit in any court within the unified judicial system. Provided, each county shall be entitled to four weeks of court each year and such terms therefor shall be provided for by the General Assembly. Provided, further, that the Chief Justice shall set a term of at least one week in any court of original jurisdiction in any county within sixty days after receipt by him of a resolution of the county bar requesting it. The Supreme Court shall make rules governing the administration of all the courts of the State. However, the Supreme Court shall make no rule that infringes, either directly or by implication, upon the General Assembly's power to qualify and elect judges. Subject to the statutory law and legislative approval, the Supreme Court also shall make rules governing the practice and procedure in all such these courts. The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted. However, the provisions of this section shall not be construed as precluding the removal of a judge by impeachment 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 disciplinary proceeding under this section."
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 ballots:
"Shall Article V, Section 4 of the Constitution of this State, relating to rules and the discipline of persons admitted to practice law, be amended so as to provide that subject to statutory law and legislative approval, the Supreme Court shall make rules governing the administration of all the courts of the State except rules which infringe, either directly or by implication, upon the General Assembly's power to qualify and elect judges; and to provide that the General Assembly, in a judicial impeachment proceeding, is not bound by the Supreme Court's findings of fact or conclusions of law made in a disciplinary proceeding under this section?
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'."