S 755 Session 111 (1995-1996)
S 0755 Joint Resolution, By Ford
A Joint Resolution proposing an amendment to Section 2 of Article V of the
Constitution of South Carolina, 1895, relating to the composition of the
Supreme Court, so as to increase from five to seven the number of justices
comprising the Supreme Court; to Section 3, Article V, relating to the
election of members of the Supreme Court, so as to provide that associate
justices of the Supreme Court shall be popularly elected from Congressional
districts by the qualified voters of each district and that the Chief Justice
of the Supreme Court shall be elected from the State-at-large; to Section 8,
Article V, relating to election of members of the Court of Appeals shall be
popularly elected from Congressional Districts by the qualified voters of each
district; and to Section 13, Article V, relating to judicial circuit judges,
so as to provide that circuit court judges shall be popularly elected from
senatorial districts by the qualified voters of each district and that the
Chief Justice shall assign circuit judges to the judicial circuits with
reasonable efforts made to account for geographical location.
04/18/95 Senate Introduced and read first time SJ-20
04/18/95 Senate Referred to Committee on Judiciary SJ-20
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE
V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE COMPOSITION OF THE SUPREME
COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE
NUMBER OF JUSTICES COMPRISING THE SUPREME
COURT; TO SECTION 3, ARTICLE V, RELATING TO THE
ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS
TO PROVIDE THAT ASSOCIATE JUSTICES OF THE
SUPREME COURT SHALL BE POPULARLY ELECTED FROM
CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS
OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF
THE SUPREME COURT SHALL BE ELECTED FROM THE
STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING
TO ELECTION OF MEMBERS OF THE COURT OF APPEALS,
SO AS TO PROVIDE THAT JUDGES OF THE COURT OF
APPEALS SHALL BE POPULARLY ELECTED FROM
CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS
OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V,
RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO
PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE
POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY
THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT
THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO
THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS
MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 2, Article V of the
Constitution of this State be amended to read:
"Section 2. The Supreme Court shall consist of a Chief
Justice and four six Associate Justices, any
three four of whom shall constitute a quorum for
the transaction of business. The Chief Justice shall preside, and in
his absence the senior Associate Justice. In all cases decided by the
Supreme Court, the concurrence of three four of the
Justices shall be necessary for a reversal of the judgment
below."
SECTION 2. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Must Section 2, Article V of the Constitution of this State
be amended so as to increase the composition of the Supreme Court
from five to seven justices?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes', and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
SECTION 3. It is proposed that Section 3, Article V of the
Constitution of this State be amended to read:
"Section 3. The Chief Justice of the Supreme Court
shall be elected from the state at-large by popular vote of the voters
of this state for a term of ten years, and shall continue in office
until his successor shall be elected and qualified. The
members Associate Justices of the Supreme Court
shall be elected by a joint public popular vote of the
General Assembly qualified voters of each congressional
district for a term of ten years, and shall continue in office
until their successors shall be elected and qualified, and shall be
classified so that the term of one of them shall expire every two
years. In any contested election, the vote of each member of the
General Assembly present and voting shall be recorded. The
terms of all persons serving as justices at the time of the ratification
of the provision providing for the popular election of members of
the court shall expire on December 31, 1998. The term of any
member whose term expires prior to December 31, 1998, shall be
extended to December 31, 1998. Any vacancy occurring on or after
the date of ratification and prior to January 1, 1999, shall be filled
in the manner provided by law prior to ratification."
SECTION 4. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Must Section 3, Article V of the Constitution of this State
be amended so as to provide that Associate Justices of the Supreme
Court shall be popularly elected from each congressional district by
the qualified voters of the district and to provide for the election of
the Chief Justice from the state at-large?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes', and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
SECTION 5. It is proposed that Section 8, Article V of the
Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals shall be
elected by a joint public popular vote of the
General Assembly qualified voters of each congressional
district for a term of six years and shall continue in office until
their successors shall be elected and qualify. In any contested
election, the vote of each member of the General Assembly present
and voting shall be recorded. Provided, that for the first
election of members of the Court of Appeals, the General Assembly
shall by law provide for staggered terms. The terms of persons
serving on the Court of Appeals at the time of the ratification of the
provision providing for the popular election of members of the
court shall expire on December 31, 1998. The term of any member
whose term expires prior to December 31, 1998, shall be extended
to December 31, 1998. Any vacancy occurring on or after the date
of ratification and prior to January 1, 1999, shall be filled in the
manner provided by law prior to ratification."
SECTION 6. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Must Section 8, Article V of the Constitution of this State
be amended so as to provide that members of the Court of Appeals
shall be popularly elected from each congressional district by the
qualified voters of the State?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes', and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
SECTION 7. It is proposed that Section 13, Article V of the
Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State
into judicial circuits of compact and contiguous territory. For
each circuit a judge or judges shall be elected by a joint public vote
of the General Assembly; provided, that in any contested election,
the vote of each member of the General Assembly present and
voting shall be recorded. Circuit court judges shall be
elected from judicial election districts, which shall be the same as
the districts from which senators are elected. One judge shall be
elected from each judicial election district by popular vote of the
qualified voters of the district. The Chief Justice shall assign circuit
court judges to the judicial circuits divided by the General
Assembly, and shall make reasonable efforts to assign judges to
circuits according to geographical location. He shall hold
office for a term of six years, and at the time of his election he
shall be an elector of a county of, and during his continuance in
office he shall reside in, the circuit district of which
he is judge. The General Assembly may by law provide for
additional circuit judges, to be assigned by the Chief Justice. Such
additional circuit judges shall be elected in the same manner and for
the same term as provided in the preceding paragraph of this
section for other circuit judges, except that residence in a particular
county or circuit shall not be a qualification for office. The
terms of persons serving as circuit judges at the time of the
ratification of the provision providing for the popular election of
members of the court shall expire on December 31, 1998. The term
of any circuit judge whose term expires prior to December 31,
1998, shall be extended to December 31, 1998. Any vacancy
occurring on or after the date of ratification and prior to January 1,
1999, shall be filled in the manner provided by law prior to
ratification."
SECTION 8. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
"Must Section 13, Article V of the Constitution of this
State be amended so as to provide that circuit court judges shall be
elected from judicial election districts, which are the same as the
districts from which senators are elected, by popular vote of the
qualified voters of each district and to provide that the Chief Justice
shall assign judges to judicial circuits, with reasonable efforts made
to account for geographical location?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes', and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
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