Bill 4117

                    Current Status

Introducing Body:               House
Bill Number:                    4117
Primary Sponsor:                Kirsh
Type of Legislation:            JR
Subject:                        Judges, removal procedure
Residing Body:                  Senate
Computer Document Number:       436/11873.DW
Introduced Date:                Jan 14, 1992
Last History Body:              Senate
Last History Date:              Apr 15, 1992
Last History Type:              Committee Report:   Favorable
Scope of Legislation:           Statewide
All Sponsors:                   Kirsh
Type of Legislation:            Joint Resolution

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4117  Senate  Apr 15, 1992  Committee Report: Favorable     11
 4117  Senate  Mar 03, 1992  Introduced, read first time,    11
                             referred to Committee
 4117  House   Feb 27, 1992  Read third time, sent to
                             Senate
 4117  House   Feb 26, 1992  Read second time
 4117  House   Feb 19, 1992  Committee Report: Favorable     25
 4117  House   Jan 14, 1992  Introduced, read first time,    25
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 15, 1992

H. 4117

S. Printed 4/15/92--S.

Read the first time March 3, 1992.

To whom was referred a Joint Resolution (H. 4117), proposing an amendment to Section 17, Article V of the Constitution of South Carolina, 1895, relating to the removal or retirement of judges, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JOHN A. MARTIN, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.

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

SECTION 1. It is proposed that Section 17, Article V of the Constitution of this State be amended to read:

"Section 17. Within the unified court system, the Supreme Court shall have has the power, after hearing, to remove or retire any judge from office upon a finding of misconduct in office or to retire any judge upon a finding of disability seriously interfering with the performance of his duties which is, or, likely to become, of a permanent character. A justice shall may not sit in any hearing involving his own removal or retirement. Implementation and enforcement of this section may be by rule or order of the Supreme Court."

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 17, Article V of the Constitution of this State be amended so as to authorize the Supreme Court, after hearing, to remove any judge from office upon a finding of misconduct in office?

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'."