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Current Status Bill Number:View additional legislative information at the LPITS web site.694 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19990407 Primary Sponsor:Ryberg All Sponsors:Ryberg, McConnell, Thomas, Gregory, Mescher, Waldrep, Wilson and Grooms Drafted Document Number:l:\s-res\wgr\002rete.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
PROPOSING AN AMENDMENT TO SECTIONS 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDICIARY MEMBERS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUDGES AND JUSTICES MAY SUCCEED THEMSELVES; AND PROPOSING AN AMENDMENT TO SECTION 27, ARTICLE V, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL ALSO REVIEW THE QUALIFICATIONS OF INCUMBENT MEMBERS OF THE JUDICIARY SEEKING TO SUCCEED THEMSELVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 3, Article V of the Constitution of this State is amended to read:
"Section 3. (A) The members of the Supreme Court shall be elected by a joint public vote of the General Assembly for a term of ten years, and shall continue in office until their successors shall be elected and qualified, and shall be classified so that the term of one of them shall expire every two years. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. 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 2. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 3, Article V of the Constitution of this State be amended so as to provide that Justices of the Supreme Court may only succeed themselves after their initial term if approved by the voters in a retention election?
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'."
SECTION 3. Section 8, Article V of the Constitution of this State is amended to read:
"Section 8. (A) The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly for a term of six years and shall continue in office until their successors shall be elected and qualify. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms. Members of the Court of Appeals 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 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 4. The proposed amendment in SECTION 3 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 ballot:
"Shall Section 8, Article V of the Constitution of this State be amended so as to Judges of the Court of Appeals may only succeed themselves after their initial term if approved by the voters in a retention election ?
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'."
SECTION 5. Section 13, Article V of the Constitution of this State is amended to read:
"Section 13. (A) The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded. He shall hold office for a term of six years, and at the time of his election he shall be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge. The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office. Circuit court judges 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 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 (A). 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 (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 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 6. The proposed amendment in SECTION 5 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 ballot:
"Shall Section 13, Article V of the Constitution of this State be amended so as to provide that Circuit Court Judges may only succeed themselves after their initial term if approved by the voters in a retention election and to delete the requirement of at-large Circuit Court judges?
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'."
SECTION 7. Section 27, Article V of the Constitution of this State is amended to read:
"Section 27. In addition to the qualifications for circuit court and court of appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law.
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."
SECTION 8. The proposed amendment in SECTION 5 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 ballot:
"Shall Section 27, Article V of the Constitution of this State be amended so as to provide that the Judicial Merit Selection 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?
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'."
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