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S. 861
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell and Campsen
Document Path: l:\s-jud\bills\mcconnell\jud0003.js.doc
Introduced in the Senate on January 8, 2008
Currently residing in the Senate Committee on Judiciary
Summary: Probate judge
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/5/2007 Senate Prefiled
12/5/2007 Senate Referred to Committee on Judiciary
1/8/2008 Senate Introduced and read first time SJ-33
1/8/2008 Senate Referred to Committee on Judiciary SJ-33
1/29/2008 Senate Referred to Subcommittee: Martin (ch), Ford, Ritchie,
Knotts, Cleary
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 14-23-1040, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-23-1040 of the 1976 Code is amended to read:
"Section 14-23-1040. (A) No A 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.
(1) is a citizen of the United States and a resident of this State for five years;
(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 been licensed to practice law for five years at the time of his election.
(B) The provisions of this section do not apply to a person holding the office of probate judge, deputy probate judge, or associate probate judge as of July 1, 2008, during the person's tenure in office. Tenure in office continues at the expiration of a term if the person is elected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection."
SECTION 2. This act takes effect July 1, 2008.
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