H 4111 General Bill, By L.S. Whipper, Allison, Breeland, J. Brown, T. Brown, 
A.W. Byrd, Cave, C.D. Chamblee, Cobb-Hunter, J.L.M. Cromer, H.M. Hallman, 
Howard, Inabinett, Kennedy, McMahand, Moody-Lawrence, J.H. Neal, Phillips, 
Scott, Seithel, Townsend, C.C. Wells, Whipper and J.M. White
 A Bill to amend Section 2-19-10, 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 a three-member joint committee
 composed of active and retired judges to review the qualifications of
 incumbent judges who desire to be re-elected to the same judicial office and
 to review the qualifications of other candidates for that judicial office.

   04/12/95  House  Introduced and read first time HJ-52
   04/12/95  House  Referred to Committee on Judiciary HJ-52

A BILL

TO AMEND SECTION 2-19-10, 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 A THREE-MEMBER JOINT COMMITTEE COMPOSED OF ACTIVE AND RETIRED JUDGES TO REVIEW THE QUALIFICATIONS OF INCUMBENT JUDGES WHO DESIRE TO BE RE-ELECTED TO THE SAME JUDICIAL OFFICE AND TO REVIEW THE QUALIFICATIONS OF OTHER CANDIDATES FOR THAT JUDICIAL OFFICE.

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

SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:

"Section 2-19-10. (a) Whenever an election is to be held by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight members, four of whom shall be members of the House of Representatives and four of whom shall be members of the Senate, shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable.

(b) Notwithstanding the above provisions, where an incumbent judge desires to be re-elected to the same judicial office, a three-member joint committee shall consider his qualifications as well as the qualifications of any other candidates for that judicial office. Two members shall be retired justices of the Supreme Court or retired judges of the Court of Appeals or Circuit Court to be appointed by the Chief Justice. One member shall be a sitting justice of the Supreme Court or a sitting judge of the Court of Appeals or the Circuit Court also to be appointed by the Chief Justice, except that this sitting judge shall not be serving on the same court as the incumbent judge who is being reviewed. Where the incumbent judge desiring to be re-elected is the Chief Justice, the three members of the joint committee shall be appointed by the senior associate justice of the Supreme Court. This three-member joint committee shall conduct the review in the same manner other reviews are conducted pursuant to this chapter and shall find the incumbent judge and the other candidates either `qualified' or `not qualified' for re-election or election to that judicial office."

SECTION 2. This act takes effect upon approval by the Governor.