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COMMITTEE REPORT
March 6, 2002
H. 3849
Introduced by Reps. Sinclair, J.E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F.N. Smith, W.D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young
S. Printed 3/6/02--H.
Read the first time March 29, 2001.
To whom was referred a Bill (H. 3849) to amend Section 14-23-1040, as amended, Code of Laws of South Carolina, 1976, relating to qualifications for a judge of probate, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
"Section 14-23-1040. (A) Prior to January 1, 2004, no person is eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has graduated from high school or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(B) After December 31, 2003, through December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election
(1) Is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has obtained an degree from an accredited college or community college or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(C) After December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge; and
(4) has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State.
(D) Notwithstanding the provisions of this section A person holding the office of probate judge as of July 1, 2002, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to this section is out of office for a term or any portion of a term before seeking election, the person must satisfy the applicable requirements of this section to be qualified to run for office."
SECTION 2. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
"Section 14-23-1040. No person is eligible to hold the office of judge of probate who is not at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.(A) No person is eligible to hold the office of the judge of the probate court unless the person:
(1) is a citizen of the United States;
(2) is a resident of the county in which the person seeks the office of judge of the probate court for at least two years before filing for election or appointment to the office and remains a resident of the county during the term of office;
(3) is a registered voter;
(4) has attained the age of twenty-five years before the date of filing for election or appointment to the office, except as set forth in item (5)(A)(1) of this subsection;
(5) has the following qualifications:
(a) in any county with a population of more than two hundred thousand residents, as determined by the most recent census:
(i) attained the age of at least thirty-two years; and
(ii) has been a licensed attorney at law in this State for at least eight years or has served as judge or associate judge of probate of this State for a period of at least two years before filing for election or appointment to office.
(b) in any county with a population of less than two hundred thousand residents, but more than one hundred twenty-five residents, as determined by the most recent census:
(i) obtained a law degree from an American Bar Association accredited law school; or
(ii) served as a judge or associate judge of probate in any county of this State for a period of at least two years before filing for election or appointment to the office; or
(iii) served as a clerk or deputy clerk of a probate court of this State for a minimum of five years before filing for election or appointment to the office.
(c) in any county with a population of less than one hundred twenty-five thousand residents, as determined by the most recent census, the person filing for election or appointment to the office shall have:
(i) obtained a four year bachelor's degree from an accredited post-secondary educational institution; or
(ii) served as judge or associate judge of probate in any county of this State for a period of at least two years before filing for election or appointment to the office; or
(iii) served as a clerk or deputy clerk of a probate court of this State for a minimum of five years before filing for election or appointment to the office.
(6) has not been convicted of a felony offense or any offense involving moral turpitude contrary to the law of this State, any other state, or of the United States.
(B) All persons holding the office of probate judge as of July 1, 2001, shall, notwithstanding the provisions of this section, remain eligible for election or re-election to that office."
SECTION 2. This act takes effect upon approval by the Governor.
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