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H. 4836
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Davenport, Duncan, Frye, Keegan, M.A. Pitts and Toole
Document Path: l:\council\bills\ms\7151ahb04.doc
Introduced in the House on February 25, 2004
Currently residing in the House Committee on Judiciary
Summary: Constitutional amendment, judges, provisions for removing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/25/2004 House Introduced and read first time HJ-52 2/25/2004 House Referred to Committee on Judiciary HJ-53
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VERSIONS OF THIS BILL
PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PROVIDE FOR AN ADDITIONAL METHOD OF REMOVING A JUDGE BY THE GENERAL ASSEMBLY AFTER AN INVESTIGATION BY THE JUDICIAL MERIT SELECTION COMMISSION AND A RECOMMENDATION FROM THE COMMISSION FOR REMOVAL FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 17, Article V of the Constitution of this State be amended to read:
"Section 17. Within the unified court system, the Supreme Court shall have power, after hearing, to remove or retire any judge from office upon a finding of disability seriously interfering with the performance of his duties which is, or is likely to become, of a permanent character. A Justice shall not sit in any hearing involving his own removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court. In addition, the members of the General Assembly, in joint session, may vote to remove any judge after an investigation by the Judicial Merit Selection Commission if the commission recommends removal for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity."
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 ballots:
"Must Section 17, Article V of the Constitution of this State be amended so as to provide for an additional method of removal of judges by the General Assembly after an investigation by the Judicial Merit Selection Commission if the commission recommends removal for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity?
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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