Current Status Bill Number:3841 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950322 Primary Sponsor:Sheheen, All Sponsors:Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas Drafted Document Number:gjk\21564sd.95 Residing Body:House Date Tabled:19960111 Date of Last Amendment:19950502 Subject:Judges, certain additional
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960111 Tabled
House 19950525 Debate adjourned until
Friday, 19950602
House 19950517 Debate adjourned until
Thursday, 19950518
House 19950502 Objection by Representative Richardson
Kirsh
McTeer
White
Hutson
Cave
Lloyd
Inabinett
Rhoad
House 19950502 Amended
House 19950427 Debate adjourned until
Tuesday, 19950502
House 19950426 Debate adjourned until
Thursday, 19950427
House 19950425 Debate adjourned
House 19950425 Objection by Representative Marchbanks
Tripp
House 19950425 Amended
House 19950418 Committee report: Favorable with 25 HJ
amendment
House 19950322 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
(L:\COUNCIL\LEGIS\AMEND\GJK\21911SD.95)
May 2, 1995
H. 3841
Introduced by REPS. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas
S. Printed 4/18/95--H.
Read the first time March 22, 1995.
TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-8-10 of the 1976 Code is amended to read:
"Section 14-8-10. There is hereby created the Court of Appeals (the Court), which shall be a part of the unified judicial system. The court shall consist of a Chief Judge and five eight associate judges."
SECTION 2. Section 14-8-20 of the 1976 Code is amended to read:
"Section 14-8-20. (a) The members of the court shall be elected by joint public vote of the General Assembly for a term of six years and until their successors are elected and qualify; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The judge elected to Seat 7 shall serve an initial term of two years, the judge elected to Seat 8 shall serve an initial term of four years, and the judge elected to Seat 9 shall serve an initial term of six years. The terms of office of the judges of the court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date first of the appropriate year.
(b) Each seat on the court shall be numbered. Candidates shall be required to file for a specific seat. Seat five 5 shall be designated as the office of Chief Judge and shall be a separate and distinct office for the purpose of an election.
(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the court."
SECTION 3. Section 14-8-80 of the 1976 Code is amended to read:
"Section 14-8-80. (a) The court shall sit in two three panels of three judges each. However, nothing herein shall be construed to prevent the court from sitting as a whole.
(b) The Chief Judge shall be responsible for the administration of the court, subject to the provisions of Article V, Section 4 of the Constitution of this State. The Chief Judge shall assign the members of the panels and shall systematically shall rotate and interchange the members of the panels in accordance with rules promulgated by the Supreme Court. The Chief Judge shall preside over the panel of which he is a member, and in his absence the judge senior in service and present shall preside. The judge senior in service and present on the other panel panels shall preside over the other panel panels. For the five associate judges whose terms begin on July 1, 1985, the determination of their length of service shall be based on their order of election, with the associate judge who is elected first being the associate judge senior in service; provided, however, that seniority among the judges on an interim Court of Appeals shall continue on the permanent Court of Appeals established by the provisions of this chapter, and service on that court shall be included in determining the length of service on the court herein established. Of the three judges whose terms begin on July 1, 1995, the determination of their lengths of service shall be based on their order of election.
(c) Cases shall be distributed between among the two three panels by the Chief Judge in accordance with rules promulgated by the Supreme Court; provided, that the Chief Judge may transfer cases from one panel to the other another in order to maintain approximately equal caseloads for the two panels.
(d) On a panel, three judges shall constitute a quorum, and the concurrence of a majority of the judges shall be necessary for the reversal of the judgment below."
SECTION 4. Section 14-8-90 of the 1976 Code is amended to read:
"Section 14-8-90. The court may sit en banc to hear cases:
(a) upon petition by a party filed in accordance with rules promulgated by the Supreme Court if the petition is granted by four six judges of the court; or
(b) upon its own motion agreed to by four six judges of the court.
When the court sits en banc, four six of the judges shall constitute a quorum and a concurrence of four six of the judges is necessary for a reversal of the judgment below. The Chief Judge shall preside, and in his absence the judge senior in service and present shall preside."
SECTION 5. Section 14-5-610 of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:
(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
(5) The fifth circuit is composed of the counties of Kershaw and Richland.
(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
(9) The ninth circuit is composed of the counties of Charleston and Berkeley.
(10) The tenth circuit is composed of the counties of Anderson and Oconee.
(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
(12) The twelfth circuit is composed of the counties of Florence and Marion.
(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
(16) The sixteenth circuit is composed of the counties of York and Union.
One judge must be elected from the first, second, sixth, and twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth sixteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth fifteenth circuits. Four judges must be elected from the fifth and thirteenth circuits. In the ninth circuit, at least one judge must be a resident of the lesser populated county. The provisions of this section, however, shall not preclude the reelection of any incumbent resident Circuit Court Judge if this would result in more resident Circuit Court Judges from a particular county in that circuit than is otherwise permitted by this section.
In addition to the above judges authorized by this section, there must be ten additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10 respectively."
SECTION 6. Section 20-7-1410 of the 1976 Code is amended to read:
"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Five Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Five Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Three Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit. In those judicial circuits made up of five counties, at least one Family Court Judge must be a resident of one of the three counties with the smallest populations in the circuit.
No county in the sixth circuit shall have more than one resident Family Court Judge."
SECTION 7. This act takes effect July 1, 1995, except that the General Assembly is authorized to elect the additional judges provided for in this act during its 1995 session, with such judges to take office on July 1, 1995.