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H. 4842
STATUS INFORMATION
General Bill
Sponsors: Reps. McLeod, Jennings, Allen, Haskins, Rivers, Sinclair, G.M. Smith, J.E. Smith and Viers
Document Path: l:\council\bills\ms\7133ahb06.doc
Introduced in the House on March 15, 2006
Currently residing in the House Committee on Judiciary
Summary: Judicial Candidates Election Act of 2006
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2006 House Introduced and read first time HJ-109 3/15/2006 House Referred to Committee on Judiciary HJ-109
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "JUDICIAL CANDIDATES ELECTION ACT OF 2006", TO AMEND SECTION 2-19-70, RELATING TO PROCEDURES FOR THE ELECTION OF JUDICIAL CANDIDATES, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY ARE NOT INELIGIBLE TO BE ELECTED TO A JUDICIAL OFFICE ELECTED AT-LARGE; AND TO REPEAL SECTION 1-23-525, RELATING TO ADMINISTRATIVE LAW JUDGES.
Whereas, the General Assembly finds:
(1) The total population for the State of South Carolina for 2000 and 2004 is as follows:
2000 2004
Number Percent Number Percent
Total Population 4,012,012 100 4,198,068 100
Anglo 2,654,401 66.2 2,781,032 66.2
African-American 1,176,895 29.3 1,239,231 29.5
Hispanic 92,828 2.3 116,521 2.8
(2) Based on Chief Justice Jean H. Toal's State of the Judiciary Address to the General Assembly on March 2, 2006, the membership of the South Carolina Bar is 27 percent female and 5 percent African-American; and
(3) Currently, the diversity of the state judiciary is as follows:
African-
Total Female Male Anglo American Hispanic
Supreme Court 5 1 4 5 0 0
Court of Appeals 9 1 8 8 1 0
Circuit Court 46 4 42 41 5 0
Family Court 52 14 38 51 1 0
Adm. Law Court 6 1 5 5 1 0
Totals 118 21 97 110 8 0
Percentages 100 17.8 82.2 93.2 6.8 0
Whereas, the General Assembly further finds that these figures clearly indicate a lack of diversity on the bench to the extent that females and minorities are under-represented on the bench and there is a compelling need to address this deficiency in the judicial and administrative courts of the State at this time.
Whereas, the General Assembly further finds that additional females and minority candidates could be elected to the judicial and administrative courts of this State more quickly if the restrictions on members of the General Assembly seeking judicial office are eliminated to permit capable female and minority attorneys serving as members of the General Assembly to be elected to judicial office.
Whereas, the General Assembly further finds that partially lifting the prohibition on members of the General Assembly being eligible to seek election to a judicial office by permitting them to be elected to at-large judicial offices will allow members to seek only judicial offices that involve competition from across the State due to the lack of a residency requirement. This change also would avoid an unfair advantage that a member of the General Assembly may have with respect to seeking a judicial office which is permanently resident in the judicial circuit that includes the member's electoral district.
Whereas, the General Assembly concludes that in order to increase the diversity of the judicial and administrative courts of this State, it is necessary to change the method by which judges are elected.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Judicial Candidates Election Act of 2006".
SECTION 2. Section 2-19-70(A) of the 1976 Code is amended to read:
"Section 2-19-70. (A) No A member of the General Assembly may not be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
Provided, however, a member of the General Assembly is not ineligible to be elected to an at-large judicial office."
SECTION 3. Section 1-23-525 of the 1976 Code is repealed.
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor.
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