H 3916 Session 111 (1995-1996)
H 3916 Joint Resolution, By R. Smith
A Joint Resolution proposing an amendment to Sections 1, 3, 8, and 13, Article
V of the Constitution of South Carolina, 1895, relating to the Supreme Court,
Court of Appeals, Circuit Court, and other courts of uniform jurisdiction, so
as to provide that the judges or justices of these courts must be elected by
the qualified voters of this State in the manner the General Assembly shall
provide by law; and proposing an amendment to Section 26, Article V of the
Constitution, relating to magistrates, so as to provide that magistrates must
be elected by the qualified electors of the county in which they serve and
municipal judges must be elected by the qualified electors of the municipality
in which they serve.
04/04/95 House Introduced and read first time HJ-6
04/04/95 House Referred to Committee on Judiciary HJ-7
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTIONS 1, 3, 8, AND
13, ARTICLE V OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, RELATING TO THE SUPREME COURT,
COURT OF APPEALS, CIRCUIT COURT, AND OTHER
COURTS OF UNIFORM JURISDICTION, SO AS TO PROVIDE
THAT THE JUDGES OR JUSTICES OF THESE COURTS MUST
BE ELECTED BY THE QUALIFIED VOTERS OF THIS STATE
IN THE MANNER THE GENERAL ASSEMBLY SHALL
PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO
SECTION 26, ARTICLE V OF THE CONSTITUTION,
RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT
MAGISTRATES MUST BE ELECTED BY THE QUALIFIED
ELECTORS OF THE COUNTY IN WHICH THEY SERVE, AND
MUNICIPAL JUDGES MUST BE ELECTED BY THE
QUALIFIED ELECTORS OF THE MUNICIPALITY IN WHICH
THEY SERVE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 1, Article V of the
Constitution of this State be amended to read:
"Section 1. The judicial power shall be vested in a
unified judicial system, which shall include a Supreme Court, a
Court of Appeals, a Circuit Court, and such other courts of uniform
jurisdiction as may be provided for by general law.
Judges of these other courts of uniform jurisdiction not
specifically enumerated in this article must be elected by the
qualified voters of this State in the manner the General Assembly
shall provide. The provisions of this paragraph do not apply to
magistrates or municipal court judges."
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 1, Article V of the Constitution of this State
relating to courts of uniform jurisdiction be amended so as to
provide that judges of courts of uniform jurisdiction other than
those specifically enumerated in the Constitution must be elected by
the qualified voters of this State in the manner the General
Assembly shall provide by law?
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 of Article V of the
Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court shall be
elected by a joint public vote of the qualified voters of
the State in the manner that the General Assembly
shall provide for a term of ten years, and shall continue in
office until their successors shall be are 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.
Nothing herein prevents the General Assembly from
providing for staggered terms of Justices of the Supreme Court in
the first popular election of such Justices.
Persons serving as Supreme Court Justices on the effective date
of the provision in this section providing for the popular election of
Supreme Court Justices may continue to serve for the term for
which they were elected."
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
relating to Justices of the Supreme Court be amended so as to
provide that Supreme Court Justices must be elected by the
qualified voters of the State in the manner the General Assembly
shall provide by law?
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 of 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 vote of the General Assembly
the qualified voters of this State in the manner the General
Assembly shall provide for a term of six years and shall
continue in office until their successors shall be are
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, Nothing herein prevents the General
Assembly shall from providing by law
provide for staggered terms of Judges of the Court of
Appeals in the first popular election of such Judges.
Persons serving as Judges of the Court of Appeals on the
effective date of the provision in this section providing for the
popular election of Judges of the Court of Appeals may continue to
serve for the term for which they were elected."
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
relating to Judges of the Court of Appeals be amended so as to
provide that Judges of the Court of Appeals must be elected by the
qualified voters of this State in the manner the General Assembly
shall provide by law?
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 must 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 the qualified
voters of the State in the manner that the General Assembly
provides. He shall hold office for a term of six years, and at
the time of his election he shall must be an elector
of a county of, and during his continuance in office he shall reside
in, the circuit 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 Additional Circuit
Judges shall must 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 is not be a
qualification for office.
Nothing herein prevents the General Assembly from
providing for staggered terms of Judges of the Circuit Court in the
first popular election of such Judges.
Persons serving as Circuit Judges on the effective date of the
provision in this section providing for the popular election of
Circuit Judges may continue to serve for the term for which they
were elected."
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 relating to Circuit Court Judges be amended so as to provide
that Judges of the Circuit Courts be elected by the qualified voters
of the State in the manner the General Assembly shall provide by
law?
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 9. It is proposed that Section 26, Article V of the
Constitution of this State be amended to read:
"Section 26. (A) The Governor, by and
with the advice and consent of the Senate, shall appoint a number
of magistrates for each county as provided by law. Magistrates
must be elected by the qualified electors of the county in which
they shall serve in the manner the General Assembly shall provide
by law. The General Assembly shall provide for their
number, terms of office, and their civil and
criminal jurisdiction. The terms of office must be uniform
throughout the State.
(B) Municipal judges must be elected by the qualified
electors of the municipality in which they shall serve in the manner
the General Assembly shall provide by law.
(C) Nothing herein prevents the General Assembly from
providing for staggered terms of magistrates and municipal judges
in their first popular election. Magistrates and municipal judges
serving in office on the effective date of the provisions in this
section providing for their popular election may continue to serve
for the term for which they were appointed, if any."
SECTION 10. 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 26, Article V of the Constitution of this
State relating to magistrates be amended so as to provide that
magistrates must be elected by the qualified electors of the county
in which they serve, and municipal judges must be elected by the
qualified electors of the municipality in which they serve?
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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