H*3961 Session 111 (1995-1996)
H*3961(Rat #0478, Act #0391 of 1996) General Bill, By Wilkins, H. Brown,
B.D. Cain, Cotty, J.L.M. Cromer, Davenport, Fair, Fleming, R.C. Fulmer, Harrell,
Harrison, Haskins, R.J. Herdklotz, T.E. Huff, H.G. Hutson, Keegan, Kelley,
Klauber, C.V. Marchbanks, Mason, Meacham, Rice, Riser, Sandifer, Seithel,
Sharpe, Simrill, D. Smith, R. Smith, Stuart, Tripp, Trotter, D.C. Waldrop,
C.C. Wells, Witherspoon, D.A. Wright and Young-Brickell
Similar(H 3679)
A Bill to amend Chapter 19, as amended, Title 2, Code of Laws of South
Carolina, 1976, relating to the joint committee to review candidates for
offices elected by the General Assembly, so as to provide for the manner in
which justices and judges of the courts of this State, including
Administrative Law Judges, who are elected by the General Assembly shall be
elected including the establishment of a Judicial Merit Selection Commission,
to establish the membership, powers, duties, functions, and procedures of the
Commission, to provide that the General Assembly shall not elect a person to
these judicial offices who has not been nominated by the Commission, to
provide that no member of the General Assembly or the Commission may be
elected to these judicial offices while he is serving in the General Assembly
or on the Commission and for a certain period thereafter.-amended short title
04/06/95 House Introduced and read first time HJ-62
04/06/95 House Referred to Committee on Judiciary HJ-64
05/16/95 House Committee report: Favorable with amendment
Judiciary HJ-6
05/18/95 House Objection by Rep. P. Harris, Scott, Hodges, Huff,
R. Smith, Easterday, D. Smith, Wilkes,
Herdklotz, Knotts, Cave, Moody-Lawrence, Kirsh,
Howard & Davenport HJ-54
05/30/95 House Amended HJ-69
05/30/95 House Read second time HJ-96
05/30/95 House Roll call Yeas-74 Nays-2 HJ-96
05/31/95 House Objection withdrawn by Rep. Scott HJ-45
05/31/95 House Read third time and sent to Senate HJ-50
06/01/95 Senate Introduced and read first time SJ-12
06/01/95 Senate Referred to Committee on Judiciary SJ-12
03/27/96 Senate Committee report: Favorable with amendment
Judiciary SJ-15
04/04/96 Senate Amended SJ-26
04/04/96 Senate Read second time SJ-26
04/04/96 Senate Ordered to third reading with notice of
amendments SJ-26
04/16/96 Senate Amended SJ-20
04/16/96 Senate Read third time and returned to House with
amendments SJ-20
04/18/96 House Point of order-Senate amendments not printed and
on desks for 24 hours HJ-40
04/23/96 House Debate adjourned on Senate amendments until
Wednesday, April 24, 1996 HJ-78
04/24/96 House Debate adjourned on Senate amendments until
Thursday, April 25, 1996 HJ-343
04/25/96 House Debate adjourned on Senate amendments until
Wednesday, May 1, 1996 HJ-87
05/01/96 House Debate adjourned on Senate amendments until
Tuesday, May 7, 1996 HJ-62
05/07/96 House Debate adjourned on Senate amendments until
Wednesday, May 8, 1996 HJ-30
05/08/96 House Senate amendment amended HJ-21
05/08/96 House Returned to Senate with amendments HJ-33
05/09/96 Senate Non-concurrence in House amendment SJ-49
05/14/96 House House insists upon amendment and conference
committee appointed Reps. Delleney, D. Smith &
Fleming HJ-50
05/15/96 Senate Conference committee appointed Sens. McConnell,
Moore, Courson SJ-9
05/22/96 Senate Free conference powers granted SJ-75
05/22/96 Senate Free conference committee appointed Sens.
McConnell, Moore, Courson SJ-75
05/22/96 Senate Free conference report received and adopted SJ-75
05/23/96 House Free conference powers rejected HJ-77
05/23/96 Senate Reconsider adoption of free conference report SJ-35
05/28/96 House Free conference powers granted HJ-13
05/28/96 House Free conference committee appointed Delleney, D.
Smith & Fleming HJ-13
05/28/96 House Free conference report adopted HJ-16
05/29/96 Senate Free conference powers granted SJ-19
05/29/96 Senate Free conference committee appointed Sens. Moore,
McConnell, Courson SJ-19
05/29/96 Senate Free conference report received and adopted SJ-19
05/29/96 Senate Ordered enrolled for ratification SJ-39
05/30/96 Ratified R 478
06/04/96 Signed By Governor
06/04/96 Effective date 07/01/97
06/04/96 See act for exception to or explanation of
effective date
06/14/96 Copies available
06/14/96 Act No. 391
(A391, R478, H3961)
AN ACT TO AMEND CHAPTER 19, AS AMENDED, TITLE 2,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES
ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE
FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE
COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW
JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY
SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A
JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH
THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND
PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE
GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE
JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE
COMMISSION, TO PROVIDE THAT NO MEMBER OF THE
GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED
TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE
GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A
CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE
CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND
OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A
PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO
PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE
COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW
THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR
CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO
PROVIDE THAT THE COMMISSION SHALL ESTABLISH
PROCEDURES TO REVIEW THE QUALIFICATIONS OF
MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON
THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY,
AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT
QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER
NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING
TO THE ADMINISTRATION OF GOVERNMENT AND THE
GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO
PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER
ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED
BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND
SECTION 20-7-1370, AS AMENDED, RELATING TO
QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO
REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST
HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO
PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS
SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT
JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED,
RELATING TO RETIRED JUSTICES OR JUDGES BEING
ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED
COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES
OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL
MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO
SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION
14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF
MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE
AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO
REVISE THE AGE QUALIFICATIONS OF MASTERS-IN-EQUITY,
THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY
AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY
THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS
IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE
DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT
COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE
COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER
19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE
ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION
COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF
AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF
THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE
COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE
ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE
COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF
OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE
GENERAL ASSEMBLY, AND TO PROVIDE THAT THE
AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE
QUALIFICATIONS OF FAMILY COURT JUDGES ARE
CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO
SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS
STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE
REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A
LICENSED ATTORNEY AT LAW FOR SUPREME COURT
JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE
CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
Election of justices and judges; Judicial Merit Selection
Commission
SECTION 1. Chapter 19, Title 2 of the 1976 Code is amended to
read:
"CHAPTER 19
Election of Justices and Judges
Section 2-19-10. (A) Whenever an election is to be held by the
General Assembly in Joint Session, for members of the judiciary, a
Judicial Merit Selection Commission, composed of ten members, shall be
appointed, in the manner prescribed by this section, to consider the
qualifications of the candidates. The Judicial Merit Selection
Commission shall meet at least once annually and at other times as may
be designated by the chairman. The commission, at its first meeting and
then annually, shall elect a chairman and a vice chairman who shall serve
for a term of one year and until their successors are elected and qualified,
and adopt rules necessary to the purposes of the commission. These
rules shall address, among other things:
(1) the confidentiality of records and other information received
concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any
of the candidates;
(4) procedures to review the qualifications of retired judges for
continued judicial service;
(5) contacting incumbent judges regarding their desire to seek
re-election;
(6) prohibition against candidates communicating with individual
members of the commission concerning the qualifications of candidates
unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six
members of the commission constitute a quorum at all meetings.
(B) Notwithstanding any other provision of law, the Judicial Merit
Selection Commission shall consist of the following individuals:
(1) five members appointed by the Speaker of the House of
Representatives and of these appointments:
(a) three members must be serving members of the General
Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate
Judiciary Committee and two members appointed by the President Pro
Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General
Assembly; and
(b) two members must be selected from the general public.
(C) In making appointments to the commission, race, gender, national
origin, and other demographic factors should be considered to ensure
nondiscrimination to the greatest extent possible as to all segments of the
population of the State.
(D) The term of office of a member of the commission who is not a
member of the General Assembly shall be for four years subject to a
right of removal at any time by the person appointing him, and until his
successor is appointed and qualifies. A member of the commission who
is a serving member of the General Assembly shall serve for the term of
office to which he has been elected.
(E) A vacancy on the Judicial Merit Selection Commission must be
filled for the remainder of the unexpired term in the same manner as
provided for the original selection.
(F) No member of the commission shall receive any compensation for
commission services, except those set by law for travel, board, and
lodging expenses incurred in the performance of commission duties.
(G) No member of the Judicial Merit Selection Commission is eligible
for nomination and appointment as a judge or justice of the state court
system or administrative law judge division while serving on the
commission and for a period of one year thereafter.
Section 2-19-20. (A) It is the responsibility of the Judicial Merit
Selection Commission to determine when judicial vacancies are to occur
in the administrative law judge division and on the family court, circuit
court, court of appeals, or Supreme Court and to expeditiously investigate
in advance the qualifications of those who seek nomination. For
purposes of this chapter, a vacancy is created in the administrative law
judge division or on the family court, circuit court, court of appeals, or
Supreme Court when any of the following occurs: a term expires; a new
judicial position is created; or a judge can no longer serve due to
resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy,
ascertaining that a judicial vacancy shall occur, or receiving the decision
of an incumbent judge regarding his seeking re-election, shall notify the
Supreme Court of the vacancy for publication in the advance sheets
provided by the Clerk of the Supreme Court at least thirty days prior to
closing applications for the vacancy. The commission shall, if
practicable, also notify the South Carolina Bar, other professional legal
organizations it considers appropriate, and each newspaper of this State
with daily circulation of the vacancy at least thirty days prior to closing
applications for the vacancy. This notice must include, but not be limited
to, the judicial office in which the vacancy occurs, the address to which,
and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and
publicize vacancies and forthcoming vacancies in the administrative law
judge division or on the family court, circuit court, court of appeals, or
Supreme Court. A person who may desire to be considered for
nomination as justice or judge may make application to the commission.
The commission shall announce the names of those persons who have
applied.
(D) Any person wishing to seek a judicial office, which is elected by
the General Assembly, shall file a notice of intention to seek the office
with the Judicial Merit Selection Commission. Upon receipt of the notice
of intention, the commission shall begin to conduct the investigation of
the candidate as it considers appropriate and may in the investigation
utilize the services of any agency of state government. This agency
shall, upon request, cooperate fully with the commission.
Section 2-19-25. The Judicial Merit Selection Commission is
authorized to investigate and obtain information relative to any candidate
for an administrative law judgeship or a family court, circuit court, court
of appeals, or Supreme Court judgeship from any state agency or other
group including, but not limited to, court administration and any law
enforcement agency, to the extent permitted by law. The chairman of the
commission shall notify the president of the South Carolina Bar of the
judgeships to be filled and of the candidates for those judgeships no later
than four weeks before the scheduled date for the public hearing. The
chairman of the commission shall also request the South Carolina Bar to
offer the commission an assessment of each candidate's qualifications for
the judgeship sought, and the date by which the assessment must be
returned to the commission. This assessment must specify the bar's
finding as to whether each candidate is qualified or unqualified for the
judgeship sought and the reasons for that finding. The commission may
receive the bar's assessment in that form and at that time it desires but
shall attach the assessments to its findings of fact in such form as the
commission considers appropriate. Failure of the bar to return the
assessment by the date requested is not a ground for delaying the
applicable hearings or election.
Section 2-19-30. (A) Upon completion of the investigation, the
Chairman of the Judicial Merit Selection Commission shall schedule a
public hearing concerning the qualifications of the candidates. Any
person who desires to testify at the hearing, including candidates, shall
furnish a written statement of his proposed testimony to the commission.
The statements must be furnished no later than forty-eight hours before
the date and time set for the hearing. The commission shall determine
the persons who shall testify at the hearing. All testimony, including
documents furnished to the commission, must be submitted under oath
and persons knowingly furnishing false information either orally or in
writing are subject to the penalties provided by law for perjury and false
swearing.
(B) During the course of the investigation, the commission may
schedule an executive session at which each candidate, and other persons
whom the commission wishes to interview, may be interviewed by the
commission on matters pertinent to the candidate's qualification for the
office to be filled.
(C) A reasonable time thereafter the commission shall render its
tentative findings as to whether the candidate is qualified for the office to
be filled and its reasons therefor as to each candidate.
(D) As soon as possible after the completion of the hearing, a
verbatim copy of the testimony, documents submitted at the hearing, and
findings of fact must be transcribed and published or otherwise made
available in a reasonable number of copies to the members of both
houses prior to the date of the scheduled election, and a copy thereof
shall be furnished to each candidate and anyone else upon request. A
charge for these copies may be made as authorized in the Freedom of
Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in
this event no further inquiry, report on, or consideration of his candidacy
shall be made.
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 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) 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 2-19-40. Notwithstanding the provisions of this chapter, when
there is no known opposition to a candidate, and there appears to be no
substantial reason for having a public hearing, whether or not a candidate
is an incumbent, and no request is made by at least six members of the
Judicial Merit Selection Commission for a public hearing, the
commission chairman upon recommendation of the commission may
determine that the public hearing is unnecessary and it may not be
held.
Section 2-19-50. All records, information, and other material that the
Judicial Merit Selection Commission has obtained or used to make its
findings of fact, except materials, records, and information presented
under oath at the public hearing, must be kept strictly confidential. After
the commission has reported its findings of fact, or after a candidate
withdraws his name from consideration, all records, information, and
material required to be kept confidential must be destroyed.
Section 2-19-60. The Judicial Merit Selection Commission in the
discharge of its duties may administer oaths and affirmations, take
depositions, and issue subpoenas to compel the attendance of witnesses
and the production of books, papers, correspondence, memoranda, and
other records considered necessary in connection with the investigation of
the candidate.
No person shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, or other records
before the Judicial Merit Selection Commission on the ground that the
testimony or evidence, documentary or otherwise, required of him may
tend to incriminate him or subject him to a penalty or forfeiture. But no
individual shall be prosecuted or subjected to any criminal penalty based
upon testimony or evidence submitted or forfeiture for or on account of
any transaction, matter, or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify or
produce evidence, documentary or otherwise, except that the individual
so testifying shall not be exempt from prosecution and punishment for
perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena
issued to any person, any circuit court of this State or circuit judge
thereof within the jurisdiction of which the person guilty of contumacy or
refusal to obey is found, resides, or transacts business, upon application
by the Judicial Merit Selection Commission may issue to this person an
order requiring him to appear before the commission to produce evidence
if so ordered or to give testimony touching the matter under
investigation. Any failure to obey an order of the court may be punished
as a contempt hereof. Subpoenas shall be issued in the name of the
Judicial Merit Selection Commission and shall be signed by the
commission chairman. Subpoenas shall be issued to those persons as the
commission may designate.
Section 2-19-70. (A) No member of the General Assembly may 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.
(B) The privilege of the floor in either house of the General Assembly
may not be granted to a former member during the time his application is
pending before the commission and during the time his nomination by
the commission for election to a particular judicial office is pending in
the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the
pledge of a member of the General Assembly's vote or, directly or
indirectly, contact a member of the General Assembly regarding
screening for the judicial office until the qualifications of all candidates
for that office have been determined by the Judicial Merit Selection
Commission and the commission has formally released its report as to the
qualifications of all candidates for the vacancy to the General Assembly.
No member of the General Assembly may offer his pledge until the
qualifications of all candidates for that office have been determined by
the Judicial Merit Selection Commission and until the commission has
formally released its report as to the qualifications of its nominees to the
General Assembly. The formal release of the report of qualifications
shall occur no earlier than forty-eight hours after the nominees have been
initially released to members of the General Assembly. For purposes of
this section, indirectly seeking a pledge means the candidate, or someone
acting on behalf of and at the request of the candidate, requesting a
person to contact a member of the General Assembly on behalf of the
candidate before nominations for that office are formally made by the
commission. The prohibitions of this section do not extend to an
announcement of candidacy by the candidate and statements by the
candidate detailing the candidate's qualifications.
(D) No member of the General Assembly may trade anything of
value, including pledges to vote for legislation or for other candidates, in
exchange for another member's pledge to vote for a candidate for judicial
office.
(E) Violations of this section may be considered by the merit selection
commission when it considers the candidate's qualifications. Violations
of this section by members of the General Assembly shall be reported by
the commission to the House or Senate Ethics Committee, as may be
applicable. Violations of this section by nonlegislative commission
members shall be reported by the commission to the State Ethics
Commission. A violation of this section is a misdemeanor and, upon
conviction, the violator must be fined not more than one thousand dollars
or imprisoned not more than ninety days. Cases tried under this section
may not be transferred from general sessions court pursuant to Section
22-3-545.
Section 2-19-80. (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. It shall review the qualifications of all
applicants for a judicial office and select therefrom 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.
(B) The nominations of the commission for any judgeship are binding
on the General Assembly, and it shall not elect a person not nominated
by the commission. Nothing shall prevent the General Assembly from
rejecting all persons nominated. In this event, the commission shall
submit another group of names and qualifications for that position.
Further nominations in the manner required by this chapter must be made
until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge
qualified for the judicial office held and sought, his name shall not be
submitted to the General Assembly for re-election and upon expiration of
his then current term of office, he shall cease serving in that judicial
position.
(2) If the commission finds an incumbent judge not qualified for the
office sought, or if an incumbent judge dies, withdraws, or becomes
otherwise disqualified for the office sought between the time he makes
application for the office and the date of the election therefor, the
election for the office may not be held at that scheduled time, and the
commission shall proceed in accordance with the provisions of this
chapter to make other nominations for the office as though a new
vacancy without an incumbent exists in that office, including reopening
the application process with all required notices. Nothing prevents the
commission from including in its new nominations the names and
qualifications of persons other than the incumbent judge it included in its
previous nominations.
(D) The commission shall accompany its nominations to the General
Assembly with reports or recommendations as to the qualifications of
particular candidates.
(E) A period of at least three weeks must elapse between the date of
the commission's nominations to the General Assembly and the date the
General Assembly conducts the election for these judgeships.
Section 2-19-90. The General Assembly shall meet in joint session for
the election of judges. The date and time for the joint session shall be
set by concurrent resolution upon the recommendation of the Judicial
Merit Selection Commission. The Chairman of the Judicial Merit
Selection Commission shall announce the commission's nominees for
each judicial race, and no further nominating or seconding speeches shall
be allowed by members of the General Assembly. In order to be elected,
a candidate must receive a majority of the vote of the members of the
General Assembly voting in joint session.
Section 2-19-100. In order to be eligible for appointment by the Chief
Justice to serve, any retired justice or judge of this State must have been
reviewed by the Judicial Merit Selection Commission under procedures it
shall establish to review retired judges' qualifications for continued
judicial service and be found by the commission to be qualified to serve
in these situations within two years of the date of his appointment to
serve, except that if a justice or judge retired before the expiration of his
then current term, no further review of that justice or judge is required
until that term would have expired.
Section 2-19-110. In order to be eligible to be appointed by the
Governor to serve, a master-in-equity must have been reviewed by the
Judicial Merit Selection Commission under the procedures established
pursuant to this chapter and be found by the commission to be qualified
to serve. If a nominee is found to be not qualified by the commission,
the Governor shall submit another name to the General Assembly for
consideration."
PART II
Nonjudicial screening and elections
SECTION 2. Title 2 of the 1976 Code is amended by adding:
"CHAPTER 20
Nonjudicial Screening and Election
Section 2-20-10. Except as otherwise provided in Section 58-3-26,
whenever an election is to be held by the General Assembly in joint
session, except for members of the judiciary, a joint committee composed
of eight members, four of whom must be members of the House of
Representatives and four of whom must be members of the Senate, must
be appointed to consider the qualifications of the candidates. Each body
shall determine how its respective members are selected. Each joint
committee shall meet as soon after its appointment as practicable and
elect one of its members as chairman, one as secretary, and other officers
as it considers desirable.
Section 2-20-15. For any office filled by election of the General
Assembly for which screening is required pursuant to this chapter, except
for judicial offices, the joint committee may not accept a notice of
intention to seek the office from any candidate as provided by Section
2-20-10, until the clerk of the House or Senate, as appropriate, has
certified that the proper notices required by this section have been
published or provided or until the time for the publication of the notices
has expired.
(1) If the office to be filled is from the State at large, a notice of the
position vacancy must be forwarded to three newspapers of general
circulation in the State with a request that it be published at least once a
week for four consecutive weeks. If the office to be filled is from a
congressional district, judicial circuit, or other area of this State less than
the State at large, a notice of the position vacancy must be forwarded to
three newspapers of general circulation in that district, circuit, or area
with a request that it be published at least once a week for four
consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or
before the date of the first newspaper publication provided in item (1), in
writing to any person who has informed the committee that he desires to
be notified of the vacancy.
(3) If the office to be filled is from a congressional district, judicial
circuit, or other area of the State but not from the State at large, notices
of the position vacancy also must be provided to each member of the
General Assembly representing a portion of that district, circuit, or area.
If it is a position filled from the State at large, each member of the
General Assembly shall receive the notice.
(4) The cost of the notification process required by this section must
be absorbed and paid from the approved accounts of both houses as
contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing
notices other than those required by this section, which the committee
believes are appropriate.
Section 2-20-20. Any person wishing to seek an office, which is
elected by the General Assembly, shall file a notice of intention to seek
the office with the joint committee. Upon receipt of the notice of
intention, the joint committee shall begin to conduct investigation of the
candidate as it considers appropriate and may in the investigation utilize
the services of any agency of state government. The agency shall, upon
request, cooperate fully with the joint committee.
Section 2-20-30. Upon completion of the investigation, the chairman
of the joint committee shall schedule a public hearing concerning the
qualifications of the candidates. The hearing shall be conducted no later
than two weeks prior to the date set in the election resolution for the
election. Any person who desires to testify at the hearing, including
candidates, shall furnish a written statement of his proposed testimony to
the chairman of the joint committee. These statements shall be furnished
no later than forty-eight hours prior to the date and time set for the
hearing. The joint committee shall determine the persons who shall
testify at the hearing. All testimony, including documents furnished to
the joint committee, shall be submitted under oath and persons knowingly
furnishing false information either orally or in writing shall be subject to
the penalties provided by law for perjury and false swearing. During the
course of the investigation, the joint committee may schedule an
executive session at which each candidate, and other persons whom the
committee wishes to interview, may be interviewed by the joint
committee on matters pertinent to the candidate's qualification for the
office to be filled. A reasonable time thereafter the committee shall
render its tentative findings as to whether the candidate is qualified for
the office to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim
copy of the testimony, documents submitted at the hearing, and findings
of fact shall be transcribed and published in the journals of both houses
or otherwise made available in a reasonable number of copies to the
members of both houses prior to the date of the scheduled election, and a
copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings, and in this
event no further inquiry, report on, or consideration of his candidacy
shall be made.
Section 2-20-35. Where a vacancy on a board of trustees of a college
or university of this State, requiring election by the General Assembly to
fill, has occurred for any reason other than expiration of the term and is
unfilled at the beginning of an annual session of the General Assembly, a
joint review committee to consider applicants for this vacancy and others
of similar circumstances must be appointed within six legislative days
after the annual session of the General Assembly convenes, and the
election to fill this vacancy must occur within six weeks after the joint
review committee is appointed unless no candidates for the office are
offering for election who have been reviewed by the committee.
Section 2-20-40. Notwithstanding the provisions of this chapter, when
there is no known opposition to a candidate, and there appears to be no
substantial reason for having a public hearing, whether or not the
candidate be an incumbent, and no request is made by at least ten
members of the House of Representatives and five members of the
Senate for a public hearing, the joint committee chairman upon
recommendation of the joint committee may determine that a public
hearing is unnecessary and shall not be held, but no election shall be held
prior to this determination.
Section 2-20-50. All records, information, and other material that the
joint committee has obtained or used to make its findings of fact, except
materials, records, and information presented under oath at the public
hearing, shall be kept strictly confidential. After the joint committee has
reported its findings of fact, or after a candidate withdraws his name
from consideration, all records, information, and material required to be
kept confidential shall be destroyed.
Section 2-20-60. The joint committee in the discharge of its duties
may administer oaths and affirmations, take depositions, and issue
subpoenas to compel the attendance of witnesses and the production of
books, papers, correspondence, memoranda, and other records considered
necessary in connection with the investigation of the joint committee.
No person shall be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, or other records
before the joint committee on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to incriminate him
or subject him to a penalty or forfeiture. However, no individual shall be
prosecuted or subjected to any criminal penalty based upon testimony or
evidence submitted or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having claimed
his privilege against self-incrimination, to testify or produce evidence,
documentary or otherwise, except that the individual so testifying shall
not be exempt from prosecution and punishment for perjury and false
swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena
issued to any person, any circuit court of this State or circuit judge
thereof within the jurisdiction of which the person guilty of contumacy or
refusal to obey is found, resides, or transacts business, upon application
by the joint committee may issue to the person an order requiring him to
appear before the joint committee to produce evidence if so ordered or to
give testimony touching the matter under investigation. Any failure to
obey an order of the court may be punished as a contempt hereof.
Subpoenas shall be issued in the name of the joint committee and shall
be signed by the joint committee chairman. Subpoenas shall be issued to
those persons as the joint committee may designate."
PART III
Family court judge qualifications
SECTION 3. Section 20-7-1370(A) of the 1976 Code, as last amended
by Act 17 of 1989, is further amended to read:
"(A) No person shall be eligible to the office of family court
judge who is not at the time of his assuming the duties of such office a
citizen of the United States and of this State, and has not attained the age
of thirty-two years, has not been a licensed attorney at law for at least
eight years, and has not been a resident of this State for five years next
preceding his election, and is not a resident of the circuit wherein the
family court of which he is a judge is located. Notwithstanding any
other provision of law, any former member of the General Assembly may
be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the
provisions of this section requiring a family court judge to be at least
thirty-two years of age and to have at least eight years of service as a
licensed attorney at law who is not of that age or who has not been
licensed for this required period of time may continue to serve for the
remainder of his current term and is considered to have the requisite age
and years of service as a licensed attorney at law for purposes of future
re-elections to the office of family court judge."
PART IV
Review of retired justices and judges
SECTION 4. Section 14-1-215 of the 1976 Code, as last amended by
Act 89 of 1995, is further amended to read:
"Section 14-1-215. A retired judge or justice from the
Supreme Court, court of appeals, or circuit court of this State may be
assigned by the Chief Justice of the Supreme Court to preside over any
official proceeding in any circuit court of this State. A retired judge or
justice from the Supreme Court or court of appeals of this State may be
assigned by the Chief Justice of the Supreme Court to act as an associate
justice or judge in any proceeding before the Supreme Court or court of
appeals. A retired judge from the family court of this State may be
assigned by the Chief Justice of the Supreme Court to preside over any
official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve,
any retired justice or judge of this State must have been reviewed in the
manner provided in Section 2-19-10 et seq. and found by the commission
to be qualified to serve in these situations within two years of the date of
his appointment to serve, except that if a justice or judge retired before
the expiration of his then current term, no further review of that justice
or judge is required until that term would have expired."
PART V
Review and qualifications of masters-in-equity
SECTION 5. Section 14-11-20 of the 1976 Code, as last amended by
Part II, Section 4, Act 678 of 1988, is further amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the
Governor with the advice and consent of the General Assembly for a
term of six years and until their successors are appointed and qualify.
No person is eligible to hold the office of master-in-equity who is not at
the time of his appointment a citizen of the United States and of this
State, has not attained the age of thirty-two years upon his appointment,
has not been a licensed attorney for at least eight years upon his
appointment, has not been a resident of this State for five years
immediately preceding his appointment, and has not been found qualified
by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath
required by the Constitution of this State before a justice of the Supreme
Court, a judge of the court of appeals, the President of the Senate, the
Speaker of the House of Representatives, a circuit judge, the Clerk of the
Supreme Court, a clerk of the Court of Common Pleas, or a probate
judge of the county and immediately enters upon his duties. The oath
must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the
practice of law. A part-time master-in-equity may practice law but is
prohibited from appearing before another master-in-equity. A standing
master-in-equity may not serve as the probate judge of any
county."
PART VI
Severability
SECTION 6. 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.
Time effective; devolvement
SECTION 7. (A) This act, except as otherwise provided in subsections
(B), (C), and (D) of this section, takes effect July 1, 1997, and is
contingent upon a ratification of an amendment to Article V of the
Constitution of this State authorizing the establishment of a Judicial Merit
Selection Commission to assist the General Assembly in the election of
Supreme Court justices, judges of the court of appeals and the circuit
court, and judges of other courts of this State who are elected by the
General Assembly.
(B) Notwithstanding the provisions of subsection (A), upon the
approval of this act by the Governor, the powers, duties, and
responsibilities of the Joint Committee to Review Judicial Candidates
pursuant to Chapter 19 of Title 2 of the 1976 Code are hereby devolved
upon the Judicial Merit Selection Commission established by this act, and
for this purpose the members of the Judicial Merit Selection Commission
may be appointed and at this time the commission may organize and
adopt rules of procedure. The commission in performing these screening
duties shall apply existing provisions of law as applicable without regard
to the provisions as added by this act, and its findings as to candidates'
qualifications shall be advisory only and not binding on the General
Assembly in the same manner the findings of the legislative screening
committee for judicial candidates in regard to their qualifications applied
to the General Assembly.
When the amendment to Article V of the Constitution authorizing the
establishment of the commission is ratified, the commission shall begin
making binding nominations to the General Assembly for judicial
vacancies which occur on or after July 1, 1997, in the manner provided
in this act. If this amendment to Article V of the Constitution
authorizing the establishment of the commission is not ratified, the
commission after July 1, 1997, shall continue to act as the legislative
screening committee for judicial vacancies which are filled by election of
the General Assembly as above provided.
(C) Section 3 of this act takes effect upon ratification of an
amendment to Section 15 of Article V of the Constitution of this State
providing for a thirty-two year-old age requirement and an eight-year
requirement as a licensed attorney at law for Supreme Court justices and
judges of the Court of Appeals and the circuit court.
(D) Sections 4 and 5 take effect upon approval of this act by the
Governor.
Approved the 4th day of June, 1996. |