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Current Status Bill Number:View additional legislative information at the LPITS web site.692 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990407 Primary Sponsor:Ryberg All Sponsors:Ryberg, McConnell, Thomas, Gregory, Mescher, Waldrep, Grooms and Wilson Drafted Document Number:l:\s-res\wgr\003judg.kad.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Courts, Judges, Appeals, Circuit, Supreme, Election when may succeed themselves; Judicial Merit Selection Commission History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990407 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSIDERATION OF JUDICIARY CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THE COMMISSION TO REVIEW THE QUALIFICATIONS OF AN INCUMBENT MEMBER OF THE JUDICIARY WHO HAS FILED A DECLARATION OF CANDIDACY FOR ELECTION TO SUCCEED HIMSELF; TO AMEND SECTION 14-3-10, RELATING TO THE ELECTION OF SUPREME COURT JUSTICES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUSTICES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-5-610, RELATING TO THE ELECTION OF CIRCUIT JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH CIRCUIT COURT JUDGES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-8-20, RELATING TO THE ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUDGES OF THE COURT OF APPEALS MAY SUCCEED THEMSELVES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH FAMILY COURT JUDGES MAY SUCCEED THEMSELVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-10(A) of the 1976 code is amended to read:
"(A) Whenever an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission shall also review the qualifications of an incumbent member of the judiciary who has filed a declaration of candidacy for election to succeed himself. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."
SECTION 2. Section 14-3-10 of the 1976 Code is amended to read:
"Section 14-3-10. (A) The Supreme Court shall consist of a Chief Justice and four associate justices, who shall be elected by a joint viva voce vote of the General Assembly for a term of ten years and shall continue in office until their successors are elected and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall each be elected at the session of the General Assembly next preceding the expiration of their respective terms. The time for the commencement of their terms of office shall be the first day of August January after their election. Members of the Supreme Court shall succeed themselves only as provided in subsection (B).
(B)(1) Not less than ninety days prior to the holding of the general election next preceding the expiration of his term of office, any member of the Court may file in the office of the secretary of state a declaration of candidacy for election to succeed himself. If a declaration is not so filed by any member of the Court, the vacancy resulting from the expiration of his term of office shall be filled as provided in subsection (A). If such declaration is filed, his name shall be submitted at the next general election to the voters eligible to vote within the state on a separate judicial ballot, without party designation, reading:
`Shall Judge ................................................................ (Here the name of the judge shall be inserted)
of the ....................................................................... (Here the title of the court shall be inserted)
be retained in office?
(Mark an `X' in the box you prefer.)'
(2) If a majority of those voting on the question vote against retaining him in office, a vacancy immediately shall exist which shall be filled by election as provided in subsection (A); otherwise, the justice shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office, and at the expiration of each such term shall be eligible for retention in office by election in the manner here prescribed. A justice who is not retained in office shall not continue in office until his successor is elected and qualifies.
(3) After a declaration of candidacy for election to succeed himself is filed, the qualifications of the justice shall be reviewed by the Judicial Merit Selection Commission. If the justice is found qualified, his name shall be submitted for placement on the ballot in the manner provided in item (4) of this subsection. If the justice is not found to be qualified, a vacancy immediately shall exist and shall be filled as provided in subsection (A). A justice who is not found to be qualified shall not continue in office until his successor is elected and qualifies.
(4) Whenever a declaration of candidacy for election to succeed himself is filed by a member of the Court under the provisions of this section and the justice has been found qualified by the Judicial Merit Selection Commission, the secretary of state shall not less than thirty days before the election certify the name of the justice and the official title of his office for placement on the general election ballot. The judicial ballots required by this section shall be prepared, printed, published and distributed, and the election upon the question of retention of such judge in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in the same manner as provided for referendum questions.
(5) The provisions of the this subsection apply to a member of the Court in office on the effective date of this subsection as follows:
(a) if the member's term ends in an odd-numbered year, the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which member's term of office would expire; and
(b) if the member's term ends in an even-numbered year, the member's term of office is hereby extended for one year from the scheduled end of the term and the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which member's term of office would expire."
SECTION 3. Section 14-5-610 of the 1976 Code is amended to read:
"Section 14-5-610. (A) The State is divided into sixteen judicial circuits as follows:
(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
(5) The fifth circuit is composed of the counties of Kershaw and Richland.
(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
(9) The ninth circuit is composed of the counties of Charleston and Berkeley.
(10) The tenth circuit is composed of the counties of Anderson and Oconee.
(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
(12) The twelfth circuit is composed of the counties of Florence and Marion.
(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
(16) The sixteenth circuit is composed of the counties of York and Union.
(B) One judge must be elected from the second, sixth, and twelfth circuits. Two judges must be elected from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, fifteenth, and sixteenth circuits. Three judges must be elected from the fifth and ninth circuits. Four judges must be elected from the thirteenth circuit. One judge must be elected from the second circuit. Two judges must be elected from the first, sixth, twelfth, and sixteenth circuits. Three judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Four judges must be elected from the fifth and ninth circuits. Five judges must be elected from the thirteenth circuit.
(C) In addition to the above judges authorized by this section, there must be 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. 13 respectively.
Circuit court judges shall succeed themselves only as provided in subsection (D).
(D)(1) Not less than ninety days prior to the holding of the general election next preceding the expiration of his term of office, any circuit court judge may file in the office of the secretary of state a declaration of candidacy for election to succeed himself. If a declaration is not so filed by any member of the court, the vacancy resulting from the expiration of his term of office shall be filled by election as provided in subsection (B). If such declaration is filed, his name shall be submitted at said next general election to the voters eligible to vote within the judicial circuit on a separate judicial ballot, without party designation, reading:
`Shall Judge ................................................................ (Here the name of the judge shall be inserted)
of the ....................................................................... (Here the title of the court shall be inserted)
be retained in office?
(Mark an `X' in the box you prefer.)'
(2) If a majority of those voting on the question vote against retaining him in office, a vacancy immediately shall exist which shall be filled by election as provided in subsection (B); otherwise, the judge shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office, and at the expiration of each such term shall be eligible for retention in office by election in the manner here prescribed. A judge who is not retained in office shall not continue in office until his successor is elected and qualifies.
(3) After a declaration of candidacy for election to succeed himself is filed, the qualifications of the judge shall be reviewed by the Judicial Merit Selection Commission. If the judge is found qualified, his name shall be submitted for placement on the ballot in the manner provided in item (4) of this subsection. If the judge is not found to be qualified, a vacancy immediately shall exist and shall be filled as provided in subsection (B). A judge who is not found to be qualified shall not continue in office until his successor is elected and qualifies.
(4) Whenever a declaration of candidacy for election to succeed himself is filed by any circuit court judge under the provisions of this section and the judge has been found qualified by the Judicial Merit Selection Commission, the secretary of state shall not less than thirty days before the election certify the name of the judge and the official title of his office for placement on the ballot in those counties which comprise the judicial circuit represented by a judge elected from a judicial circuit. The judicial ballots required by this section shall be prepared, printed, published and distributed, and the election upon the question of retention of such judge in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in the same manner as provided for referendum questions.
(5) The provisions of the this subsection apply to a circuit court judge in office on the effective date of this subsection as follows:
(a) if the judge's term ends in an odd-numbered year, the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which judge's term of office would expire; and
(b) if the judge's term ends in an even-numbered year, the judge's term of office is hereby extended for one year from the scheduled end of the term and the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which judge's term of office would expire."
SECTION 4. Section 14-8-20 of the 1976 Code is amended to read:
"Section 14-8-20. (a) The members of the Court shall be elected by joint public vote of the General Assembly for a term of six years and until their successors are elected and qualify; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The terms of office of the judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date.
(b) Each seat on the Court shall be numbered. Candidates shall be required to file for a specific seat. Seat five shall be designated as the office of Chief Judge and shall be a separate and distinct office for the purpose of an election.
(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the Court.
(d)(1) Not less than ninety days prior to the holding of the general election next preceding the expiration of his term of office, any member of the court may file in the office of the secretary of state a declaration of candidacy for election to succeed himself. If a declaration is not so filed by a member of the court, the vacancy resulting from the expiration of his term of office shall be filled by election as provided in subsection (a). If such declaration is filed, his name shall be submitted at said next general election to the voters eligible to vote within the state on a separate judicial ballot, without party designation, reading:
`Shall Judge ................................................................ (Here the name of the judge shall be inserted)
of the ....................................................................... (Here the title of the court shall be inserted)
be retained in office?
(Mark an `X' in the box you prefer.)'
(2) If a majority of those voting on the question vote against retaining him in office, a vacancy immediately shall exist which shall be filled by election as provided in subsection (a); otherwise, the judge shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office, and at the expiration of each such term shall be eligible for retention in office by election in the manner here prescribed. A judge who is not retained in office shall not continue in office until his successor is elected and qualifies.
(3) After a declaration of candidacy for election to succeed himself is filed, the qualifications of the judge shall be reviewed by the Judicial Merit Selection Commission. If the judge is found qualified, his name shall be submitted for placement on the ballot in the manner provided in item (4) of this subsection. If the judge is not found to be qualified, a vacancy immediately shall exist and shall be filled as provided in subsection (a). A judge who is not found to be qualified shall not continue in office until his successor is elected and qualifies.
(4) Whenever a declaration of candidacy for election to succeed himself is filed by any member of the court under the provisions of this section and the judge has been found qualified by the Judicial Merit Selection Commission, the secretary of state shall not less than thirty days before the election certify the name of the judge and the official title of his office for placement on the general election ballot. The judicial ballots required by this section shall be prepared, printed, published and distributed, and the election upon the question of retention of such judge in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in the same manner as provided for referendum questions.
(5) The provisions of the this subsection apply to a member of the Court in office on the effective date of this subsection as follows:
(a) if the member's term ends in an odd-numbered year, the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which member's term of office would expire; and
(b) if the member's term ends in an even-numbered year, the member's term of office is hereby extended for one year from the scheduled end of the term and the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which member's term of office would expire."
SECTION 5. Section 20-7-1370 of the 1976 Code is amended to read:
"Section 20-7-1370. A. No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge.
B. Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify. Family court judges shall succeed themselves only as provided in subsection F.
C. The terms of all family court judges expire on the thirtieth day of June of the year in which their terms are scheduled to expire.
D. For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.
E. When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission a temporary family court judge to fill such vacancy until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges.
F.1. Not less than ninety days prior to the holding of the general election next preceding the expiration of his term of office, any family court judge may file in the office of the secretary of state a declaration of candidacy for election to succeed himself. If a declaration is not so filed by a family court judge, the vacancy resulting from the expiration of his term of office shall be filled by election as provided in subsection B. If such declaration is filed, his name shall be submitted at said next general election to the voters eligible to vote within the state on a separate judicial ballot, without party designation, reading:
`Shall Judge ................................................................ (Here the name of the judge shall be inserted)
of the ....................................................................... (Here the title of the court shall be inserted)
be retained in office?
(Mark an `X' in the box you prefer.)'
2. If a majority of those voting on the question vote against retaining him in office, a vacancy immediately shall exist which shall be filled by election as provided in subsection B; otherwise, the judge shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office, and at the expiration of each such term shall be eligible for retention in office by election in the manner here prescribed. A judge who is not retained in office shall not continue in office until his successor is elected and qualifies.
3. After a declaration of candidacy for election to succeed himself is filed, the qualifications of the judge shall be reviewed by the Judicial Merit Selection Commission. If the judge is found qualified, his name shall be submitted for placement on the ballot in the manner provided in item (4) of this subsection. If the judge is not found to be qualified, a vacancy immediately shall exist and shall be filled as provided in subsection B. A judge who is not found to be qualified shall not continue in office until his successor is elected and qualifies.
4. Whenever a declaration of candidacy for election to succeed himself is filed by any family court judge under the provisions of this section and the judge has been found qualified by the Judicial Merit Selection Commission, the secretary of state shall not less than thirty days before the election certify the name of the judge and the official title of his office for placement on the ballot in those counties which comprise the judicial circuit represented by the judge. The judicial ballots required by this section shall be prepared, printed, published and distributed, and the election upon the question of retention of such judge in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in the same manner as provided for referendum questions.
5. The provisions of the this subsection apply to a family court judge in office on the effective date of this subsection as follows:
a. if the judge's term ends in an odd-numbered year, the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which judge' term of office would expire; and
b. if the judge's term ends in an even-numbered year, the judge's term of office is hereby extended for one year from the scheduled end of the term and the election required to be held by this subsection shall be held at the time of the general election in the even-numbered year immediately preceding the year in which judge's term of office would expire."
SECTION 6. This act takes effect upon approval by the Governor.
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