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S. 1338

STATUS INFORMATION

General Bill
Sponsors: Senator Richardson
Document Path: l:\s-jud\bills\richardson\jud0060.shr.doc

Introduced in the Senate on April 11, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Judicial Merit Selection Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/11/2006  Senate  Introduced and read first time SJ-9
   4/11/2006  Senate  Referred to Committee on Judiciary SJ-9
   4/11/2006  Senate  Referred to Subcommittee: Ritchie (ch), Ford, Cleary

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/11/2006

TO AMEND SECTION 2-19-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR INVESTIGATION AND CONSIDERATION OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THAT THE COMMISSION MEMBERS IN THEIR VOTING MUST EVALUATE AND GIVE A POINT TOTAL FOR EACH JUDICIAL CANDIDATE USING THE EVALUATIVE CRITERIA AND AN ADDITIONAL CATEGORY ACCORDING TO A SPECIFIED POINT SYSTEM; AND TO AMEND SECTION 2-19-80, RELATING TO THE NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE THE COMMISSION MEMBERS TO SELECT CANDIDATES BASED ON THE CRITERIA POINT TOTALS.

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

SECTION    1.    Section 2-19-35 of the 1976 Code is amended to read:

"Section 2-19-35.    (A)    The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division court 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.

(B)    The commission members in their voting must evaluate and give a point total for each judicial candidate using the evaluative criteria and an additional category according to the following point system valued at a maximum of 100 points:

(1)    constitutional qualifications, up to 10 points;

(2)    ethical fitness, up to 10 points;

(3)    professional and academic ability, up to 10 points;

(4)    character, up to 10 points;

(5)    reputation, up to 10 points;

(6)    physical health, up to 5 points;

(7)    mental stability, up to 10 points

(8)    experience, up to 15 points;

(9)    judicial temperament, up to 10 points; and

(10)    report of the Citizens Committee for Judicial Qualifications and the Report of the Judicial Qualifications Committee of the South Carolina Bar, up to 10 points.

(B)(C)    In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State."

SECTION    2.    Section 2-19-80(A) of the 1976 Code is amended to read:

"(A)    The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division court. It shall review the qualifications of all applicants for a judicial office and select therefrom based on the commission's point totals for the judicial candidates as provided in Section 2-19-35(B), and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names."

SECTION    3.    This act takes effect upon approval by the Governor.

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