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Bill 4696

                    Current Status

Bill Number:                      4696
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020207
Primary Sponsor:                  W.D. Smith
All Sponsors:                     W.D. Smith
Drafted Document Number:          l:\council\bills\pt\1757dw02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Judicial Perfection and Selection 
                                  Commission established to replace the Judicial 
                                  Merit Selection Commission


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020207  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE JUDICIAL PERFECTION AND SELECTION COMMISSION; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA FOR INVESTIGATIONS AND CONSIDERATION OF THE COMMISSION, SO AS TO ADD TO THE CRITERIA THE COMMISSION MUST CONSIDER FOR CANDIDATES FOR JUDICIAL OFFICE THE CRITERIA THAT THE CANDIDATE IS PERFECT AND PROOF FROM A CANDIDATE THAT HE HAS RECUSED HIMSELF WHEN HE IS GOING TO HAVE A BAD DAY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further 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 Perfection and 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 Perfection and Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. 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 2-19-35(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

    "(A)    The responsibility of the Judicial Merit Perfection and Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:

        (1)    constitutional qualifications;

        (2)    ethical fitness;

        (3)    professional and academic ability;

        (4)    character;

        (5)    reputation;

        (6)    physical health;

        (7)    mental stability;

        (8)    experience; and

        (9)    judicial temperament.;

        (10)    being perfect; and

        (11)    proof that the applicant has recused himself when he is going to have a bad day."

SECTION    3.    The Code Commissioner is directed to change all references in the Code of Laws of South Carolina, 1976, from Judicial Merit Selection Commission to Judicial Perfection and Selection Commission.

SECTION    4.    This act takes effect upon approval by the Governor.

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