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Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Title 14 of the 1976 code is amended by adding:

Section 14-6-10. (A) There is created a Judicial Merit Selection Commission to assist the General Assembly in the selection of qualified justices and judges for all judicial vacancies in the Administrative Law Judge Division and on the Family Court, Circuit Court, Court of Appeals, and Supreme Court. The commission shall consist of the following:

(1) four members appointed by the Speaker of the House of Representatives and of these appointments:

(a) three must be serving members of the General Assembly notwithstanding the provisions of Section 8-13-770; and

(b) one member must not be a member of the General Assembly;

(2) four members appointed by the President Pro Tempore of the Senate and of these appointments:

(b) one member must not be a member of the General Assembly;

(3) three members appointed by the Governor, who are not members of the General Assembly or employees of the office of the Governor. The Governor shall consult with and receive the advice of the President of the South Carolina Bar prior to making one of these appointments.

(B) The terms of office of the members of the commission who are not members of the General Assembly are for four years, and until their successors are appointed and qualify. A member of the commission who is a serving member of the General Assembly shall serve for his elected term of office as a member of the General Assembly.

Section 14-6-20. Vacancies on the Judicial Merit Selection Commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.

Section 14-6-30. No member of the Judicial Merit Selection Commission is eligible for nomination and appointment as a judge or justice of the state court system or Administrative Law Judge Division while serving on the commission and for one year after he ceases to be a member of the commission.

Section 14-6-40. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman who shall serve for a term of one year and until his successor is elected and qualifies. A member may succeed himself as chairman. In the event that the chairman must be absent, the commission shall choose a member to act as temporary chairman. The commission at its first meeting also shall organize and adopt rules for the purpose of governing its proceedings. Six members of the commission constitute a quorum at all meetings. No act of the commission is valid except by concurrence of six of its members.

Section 14-6-50. All organizational meetings of the Judicial Merit Selection Commission are open to the public. A notice outlining the topics to be discussed must be given to the public not less than seventy-two hours before the meeting. Public participation is allowed at each organizational meeting. For purposes of this chapter, an `organizational meeting' is an initial meeting to discuss the commission's procedures and requirements for a vacancy.

Section 14-6-60. The General Assembly shall provide funding for the staff and operating expenses of the Judicial Merit Selection Commission

Section 14-6-70. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to occur in the Administrative Law Judge Division and on the Family Court, Circuit Court, Court of Appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination. For purposes of this chapter, a vacancy is created in the Administrative Law Judge Division or on the Family Court, Circuit Court, Court of Appeals, or Supreme Court when any of the following occurs: a term expires; a new judicial position is created; or a judge can no longer serve due to resignation, retirement, disciplinary action, disability or death.

(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or receiving the decision of an incumbent judge regarding his reelection after contacting him regarding the upcoming expiration of his term, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to accepting applications for the vacancy. The commission also shall notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to accepting applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.

Section 14-6-80. The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the Administrative Law Judge Division or on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. A person who may desire to be considered for nomination as justice or judge may make application to the commission. The commission shall announce the names of those persons who have applied.

Section 14-6-90. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the Administrative Law Judge Division or on the Family Court, Circuit Court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to the following areas:

(2) ethical fitness;

(3) professional and academic ability;

(4) character;

(5) reputation;

(6) physical health;

(7) mental stability;

(8) experience; and

(9) judicial temperament.

(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State.

Section 14-6-100. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate from any state agency or other group, including, but not limited to, court administration, any law enforcement agency, and the South Carolina Bar, to the extent permitted by law, and shall have the power to issue subpoenas requiring the appearance of persons or the production of documents or other tangible things.

The commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary for the investigation of candidates.

No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the commission on the ground that the testimony or evidence, documentary, or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise. However, the individual testifying is not exempt from prosecution and punishment for perjury and false swearing committed in so testifying.

In case of contumacy by a person or refusal to obey a subpoena issued to a person, any Circuit Court of this State or circuit judge within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the commission

Section 14-6-110. (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications of the candidates. A person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.

(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification for the office to be filled. All final deliberations of the commission are secret and confidential. Within a reasonable time thereafter the commission shall render its tentative findings with its reasons to each candidate.

(C) As soon as possible after the completion of the hearing a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published before the date of the scheduled election and a copy must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.

(D) A candidate may withdraw at any stage of the proceedings and in that event no further inquiry, report on, or consideration of his candidacy may be made.

Section 14-6-120. Notwithstanding the provisions of this chapter, when there is no known opposition to candidates for a particular judgeship, and there appears to be no substantial reason for having a public hearing, whether or not a candidate is an incumbent, and no request is made by at least six members of the Judicial Merit Selection Commission for a public hearing, the commission chairman, upon recommendation of the

Section 14-6-130. All records, information, and other material that the Judicial Merit Selection Commission has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, must be kept strictly confidential. After the commission has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential must be destroyed.

Section 14-6-140. (A) The commission shall make nominations to the General Assembly of candidates for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names of those who are considered to be qualified, with a written explanation for submitting fewer than three names.

(B) The nominations of the commission for any judgeship are binding on the General Assembly and it may not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names for that position. Further nominations in the manner required by this chapter must be made until the office is filled.

(C) (1) If an incumbent justice or judge does desire reelection, his name must be submitted by the commission to the General Assembly if the commission finds him qualified to serve in the judicial office held. The commission, if it finds an incumbent justice or judge qualified and submits his name to the General Assembly, may also submit to the General Assembly up to two other nominations for that judicial office or it may submit only the name of the incumbent justice or judge if it finds him qualified.

(2) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for reelection and upon expiration of his then current term of office, he shall cease serving in that judicial position.

(3) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes

(D) If the commission submits more than one nomination to the General Assembly for a particular judgeship, including the name of an incumbent justice or judge it finds qualified, the General Assembly shall elect one of these nominees to that judicial office; provided that nothing herein prevents the General Assembly from rejecting all persons so nominated. In this event, the commission shall submit other nominations to the General Assembly for that judicial vacancy, and this procedure shall continue until the judicial vacancy is filled.

(E) If only the name of an incumbent judge or justice is submitted by the commission to the General Assembly, the General Assembly in joint session by recorded public vote shall determine whether or not the judge or justice is to be retained in office. If a majority of those voting vote to retain the judge or justice in office, he is deemed reelected for a new term. If a majority of those voting vote against retaining the judge or justice in office, he is deemed to not be reelected for a new term, and the commission shall then expeditiously proceed in accordance with the provisions of this chapter to submit other nominees to the General Assembly for the vacancy which is created by the expiration of the term of the judge or justice who is not retained in office.

(F) The commission may accompany its nominations to the General Assembly with those reports or recommendations as to the qualifications of particular candidates that it deems appropriate.

(G) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly, and the date the General Assembly conducts the election for these judgeships.

Section 14-6-160. (A) Before a sitting member of the General Assembly may submit an application with the commission for his nomination by the commission for election to a judicial office and before the commission may accept or consider such an application, the member of the General Assembly shall first resign his office.

(B) The privilege of the floor in either House of the General Assembly may not be granted to a former member during the time his application is

(C) No person may seek directly or indirectly the pledge of a member of the General Assembly's vote or contact a member of the General Assembly regarding the judicial office until the qualifications of all candidates for that office have been determined by the judicial merit selection commission and the commission has furnished the names of its nominees for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the judicial merit selection commission and the commission has furnished the names of its nominees to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are made by the commission. Violations of this section may be considered by the merit selection commission when it considers the applicant's qualifications. Violations of this section by judicial candidates are also a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding ninety days.

Section 14-6-170. The Judicial Merit Selection Commission shall adopt rules necessary to the purposes of the commission which shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. The rules shall address, among other things:

(1) the confidentiality of records and other information received concerning candidates for judicial office;

(2) prohibition against ex parte communication with individual members of the commission concerning the qualifications of candidates;

(3) the conduct of proceedings before the commission;

(4) receipt of public statements in support of, or in opposition to, any of the candidates;

(5) private or public hearings when the commission considers it necessary;

(6) meetings in executive session when the commission considers it necessary; and

(7) contacting incumbent judges regarding their desire to seek reelection.

SECTION 2. Section 1-23-510(C) of the 1976 Code, as added by Act 181 of 1993, is deleted.

SECTION 3. Section 2-19-10 of the 1976 Code is amended to read:

"Section 2-19-10. Whenever an election is to be held by the General Assembly in Joint Session, including except for members of the judiciary, a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable."

SECTION 4. Section 14-1-215 of the 1976 Code, as last amended by Act 22 of 1993, is further amended to read:

"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or Circuit Court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any Circuit Court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the Family Court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any Family Court of this State.

In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 reviewed by the Judicial Merit Selection Commission established pursuant to Chapter 6 of Title 14 under procedures it shall establish and found by the committee commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening review of that justice or judge is required until that term would have expired if he is to be assigned to sit on the Court of Appeals or the Supreme Court.

SECTION 5. Section 20-7-1370(A) of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:

"(A) No person shall be eligible to the office of Family Court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five ten years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the Family Court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of Family Court judge.

Any Family Court judge serving in office on the effective date of the provisions of this section requiring a Family Court judge to be thirty-two years of age and to have ten years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to the office of Family Court judge."

SECTION 6. Sections 2-19-70 and 2-19-80 of the 1976 Code are repealed.

SECTION 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 8. (A) This act, except as otherwise provided in subsections (B) and (C), takes effect July 1, 1997, and is contingent upon a ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Merit Selection

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