South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 85


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      85
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Ford
All Sponsors:                     Ford
Drafted Document Number:          l:\s-res\rf\025judg.jh.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Courts; Supreme, Appeals, Circuit; 
                                  justices and judges to be elected by qualified 
                                  voters; Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010110  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT; TO SECTION 3, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.

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

SECTION    1.    It is proposed that Section 2, Article V of the Constitution of this State be amended to read:

    "Section 2.    The Supreme Court shall consist of a Chief Justice and four six Associate Justices, any three four of whom shall constitute a quorum for the transaction of business. The Chief Justice shall preside, and in his absence the senior Associate Justice. In all cases decided by the Supreme Court, the concurrence of three four of the Justices shall be necessary for a reversal of the judgment below."

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 ballot:

    "Must Section 2, Article V of the Constitution of this State be amended so as to increase the composition of the Supreme Court from five to seven justices?

Yes    []

No    []

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.    It is proposed that Section 3, Article V of the Constitution of this State be amended to read:

    "Section 3.    The Chief Justice of the Supreme Court shall be elected from the state at-large by popular vote of the voters of this state for a term of ten years, and shall continue in office until his successor shall be elected and qualified. The members Associate Justices of the Supreme Court shall be elected by a joint public popular vote of the General Assembly qualified voters of each congressional district 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. The terms of all persons serving as justices at the time of the ratification of the provision providing for the popular election of members of the court shall expire on December 31, 2002. The term of any member whose term expires prior to December 31, 2002, shall be extended to December 31, 2002. Any vacancy occurring on or after the date of ratification and prior to January 1, 2003, shall be filled in the manner provided by law prior to ratification."

SECTION    4.    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 ballot:

    "Must Section 3, Article V of the Constitution of this State be amended so as to provide that Associate Justices of the Supreme Court shall be popularly elected from each congressional district by the qualified voters of the district and to provide for the election of the Chief Justice from the state at-large?

Yes    []

No    []

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.    It is proposed that Section 8, Article V of the Constitution of this State be amended to read:

    "Section 8.    The members of the Court of Appeals shall be elected by a joint public popular vote of the General Assembly qualified voters of each congressional district 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. The terms of persons serving on the Court of Appeals at the time of the ratification of the provision providing for the popular election of members of the court shall expire on December 31, 2002. The term of any member whose term expires prior to December 31, 2002, shall be extended to December 31, 2002. Any vacancy occurring on or after the date of ratification and prior to January 1, 2003, shall be filled in the manner provided by law prior to ratification."

SECTION    6.    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 ballot:

    "Must Section 8, Article V of the Constitution of this State be amended so as to provide that members of the Court of Appeals shall be popularly elected from each congressional district by the qualified voters of the State?

Yes    []

No    []

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.    It is proposed that Section 13, Article V of the Constitution of this State be amended to read:

    "Section 13.    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. Circuit court judges shall be elected from judicial election districts, which shall be the same as the districts from which senators are elected. One judge shall be elected from each judicial election district by popular vote of the qualified voters of the district. The Chief Justice shall assign circuit court judges to the judicial circuits divided by the General Assembly, and shall make reasonable efforts to assign judges to circuits according to geographical location. 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 district 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. The terms of persons serving as circuit judges at the time of the ratification of the provision providing for the popular election of members of the court shall expire on December 31, 2002. The term of any circuit judge whose term expires prior to December 31, 2002, shall be extended to December 31, 2002. Any vacancy occurring on or after the date of ratification and prior to January 1, 2003, shall be filled in the manner provided by law prior to ratification."

SECTION    8.    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 ballot:

    "Must Section 13, Article V of the Constitution of this State be amended so as to provide that circuit court judges shall be elected from judicial election districts, which are the same as the districts from which senators are elected, by popular vote of the qualified voters of each district and to provide that the Chief Justice shall assign judges to judicial circuits, with reasonable efforts made to account for geographical location?

Yes    []

No    []

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'."

----XX----


This web page was last updated on Tuesday, December 8, 2009 at 11:07 A.M.