S 808 Session 112 (1997-1998)
S 0808 Joint Resolution, By Ford, Anderson, Glover, Peeler and Wilson
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.
06/04/97 Senate Introduced and read first time SJ-76
06/04/97 Senate Referred to Committee on Judiciary SJ-76
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'."
-----XX----- |