H 4734 Session 115 (2003-2004) H 4734 General Bill, By Howard, Cobb-Hunter, Gourdine, Kennedy, Harvin, Lee, J.H. Neal, Lourie, Ott, Weeks, Jennings, Coleman and Whipper VERSIONS OF THIS BILL
2/11/2004 4/1/2004 4/5/2004 4/14/2004 4/15/2004 5/26/2004 5/27/2004 5/27/2004-A
Indicates New Matter AMENDED May 27, 2004 H. 4734 Introduced by Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J.H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper S. Printed 5/27/04--S. [ Read the first time April 20, 2004.
TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"(A) (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 and fitness 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 and fitness 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." SECTION 2. Section 2-19-20 of the 1976 Code, as last amended by Act 32 of 1999, is further amended to read:
"Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies (1) a term expires; (2) a new judicial position is created; or (3) 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
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law
(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 SECTION 3. Section 2-19-25 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law SECTION 4. Section 2-19-30 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"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 and fitness 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
(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
(C)
(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
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also SECTION 5. Section 2-19-35 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-35. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications and fitness of the candidates for judicial office in the administrative law (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 considering the list of candidates for qualifications and fitness, 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 6. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read: "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
(1) application is pending before the commission (2) determination of qualifications and fitness by the commission for election to a particular judicial office is pending before the commission; or (3) election is pending in the General Assembly.
(C)(1)
(a) seek, directly or indirectly, the pledge of a member of the General Assembly's vote; or
(b) contact, directly or indirectly,
(2)
(a) the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission; and (b) the commission has formally released its report as to the qualifications and fitness of its nominees to the General Assembly.
(3) The formal release of the report of qualifications and fitness shall occur no earlier than forty-eight hours after the report of qualified and fit nominees (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 SECTION 7. Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:
"Section 2-19-80.
(A)(1) The commission shall make nominations and reports of judicial candidates for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law court, only as provided in this section, and shall make its nominations based upon the candidates' qualifications and fitness. (2) Prior to making nominations, the commission shall review the qualifications and fitness of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of no more than three candidates, except as provided in item (3). (3) In the event that the commission finds by a vote of two-thirds of the members present and voting that nominating only three candidates would deprive the General Assembly of the opportunity to consider for election a candidate or candidates whose qualifications and fitness are of substantially the same level as those three qualified and fit candidates receiving the highest number of votes for nomination, the commission may nominate additional candidates meeting these criteria not to exceed the total of six nominations. (4) If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified and fit for a vacancy, the commission shall submit to the General Assembly: (a) only the names found to be qualified and fit for nomination; (b) the report of those candidates who are considered to be qualified and fit; and (c) a written explanation for submitting fewer than three names. (5) Any vote by the commission concerning the qualifications, fitness, and nomination of the candidates must be in open session with each member's vote recorded separately. (B) The nominations of the commission for any judgeship are binding on the General Assembly, and the General Assembly 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 report of qualifications and fitness of candidates 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 and fit for the judicial office held and sought, the incumbant's 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 or not fit 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 must 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 and fitness of particular candidates. (E) A period of at least two weeks must elapse between the date of the commission's release of the report of qualifications and fitness of candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships." SECTION 8. Section 2-19-90 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"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 SECTION 9. Section 2-19-100, as last amended by Act 35 of 1997, is further amended to read: "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 and fitness for continued judicial service and be found by the commission to be qualified and fit to serve in these situations within four 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 10. Section 2-19-110, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-110. Upon a vacancy in the office of master-in-equity, candidates SECTION 11. 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 12. This act takes effect upon approval by the Governor.
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