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When the amendment to Article V of the Constitution authorizing the establishment of the commission is ratified, the commission shall begin making binding nominations to the General Assembly for judicial vacancies which occur on or after July 1, 1997, in the manner provided in this act. If this amendment to Article V of the Constitution authorizing the establishment of the commission is not ratified, the commission after July 1, 1997, shall continue to act as the legislative screening committee for judicial vacancies which are filled by election of the General Assembly as above provided.

(C) Section 5 of this act takes effect upon ratification of an amendment to Section 15 of Article V of the Constitution of this State providing for a thirty-two-year-old age requirement and a ten-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the Circuit Court./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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 Governor 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) two may be serving members of the General Assembly notwithstanding the provisions of Section 8-13-770; and

(b) one member must be a nonlawyer;

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

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

(b) one must be a nonlawyer;

(3) two members appointed by the Chief Justice of the South Carolina Supreme Court who are retired members of the judiciary of this State or of the federal judiciary who are not engaged in the practice of law; and

(4) the President of the South Carolina Bar to serve ex officio, or the president's designee who shall be an attorney licensed to practice law in this State.

(B) The terms of office of the members of the commission who are not serving in an ex officio capacity and who are not serving members of the General Assembly are for four years, and until their successors are appointed and qualify. No such member may serve more than two full four-year terms. 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. A member of the commission serving in an ex officio capacity or his designee shall serve for so long as that official serves in that capacity.

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.

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 voting 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 in the annual Appropriations Act. No member of the commission shall receive any compensation for commission services, except those set by law for travel, board, and lodging expenses incurred in the performance of commission duties.

Section 14-6-70. 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 unless otherwise provided by law. 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

Section 14-6-80. (A) 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.

(B) The commission shall establish procedures for, among other things:

(1) receipt of public statements in support of, or in opposition to, any of these candidates;

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

(3) meetings in executive session when the commission considers it necessary.

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:

(1) constitutional qualifications;

(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

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 may issue an order requiring the person to appear before the commission to produce evidence if so ordered or to give testimony concerning the matter under investigation. The failure to obey an order of the court may be punished as a contempt. Subpoenas must be issued in the name of the commission and must be signed by the commission chairman. Subpoenas must be issued to any person the commission designates.

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.

(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 appointment and a copy must be furnished to each candidate.

(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 commission, may determine that a public hearing is unnecessary, and it may not be held.

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) Except as otherwise provided in this chapter and after careful consideration of the qualifications of all candidates for each judicial vacancy, the Judicial Merit Selection Commission shall select and submit to the Governor the names of not less than three nor more than five nominees whom it considers best qualified for the judicial office under consideration. However, by unanimous vote of all commission members present and voting, the commission may submit the names of more than five nominees which 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 that there are fewer than three candidates qualified for a vacancy, it shall report to the Governor only the names of those who

(B) A serving member of the General Assembly whose name is submitted to the Governor as one of the nominees for a judicial vacancy must resign his office as a member of the General Assembly when the commission submits its list of nominees for this office to the Governor in order to be eligible for appointment to the judicial office. No serving member of the General Assembly whose name is submitted by the commission as one of the nominees qualified for a vacancy shall be appointed by the Governor.

(C) No person who is or has been employed in the office of a sitting Governor may be appointed by him to a judicial office which he fills by appointment upon nominations by the commission, and the commission may not include the name of such a person in its list of nominations made to that Governor for a judicial office.

(D) If the commission submits at least three names to the Governor, he must select one of these nominees. If the commission submits fewer than three names to the Governor, he may reject the persons so nominated and require further nominations from the commission.

Section 14-6-150. No candidate for an Administrative Law Judge, Family Court, Circuit Court, Court of Appeals, or Supreme Court judgeship, including a sitting judge, may directly or indirectly campaign or lobby the Governor for appointment to the office sought. Nothing, however, shall limit the Governor from conducting any investigation of the nominees deemed appropriate after the Judicial Merit Selection Commission submits its nominations. For purposes of this section, indirectly campaigning or lobbying means the candidate or someone acting on behalf of and at the request of the candidate, requesting a person to contact the Governor or a member of his staff on behalf of the candidate.

Section 14-6-160. At least six months before the expiration of a justice's or judge's term of office, every justice or judge shall petition the Judicial Merit Selection Commission to be retained in office or shall inform the commission of an intention to retire. The commission shall review the incumbent's qualifications if he wishes to be retained in office. This review shall include, but is not limited to, the areas provided in Section 14-6-90. The commission shall investigate and interview each incumbent judge who seeks reappointment and, before the expiration of a term of office of the judge, shall render its decision as to whether or not the incumbent judge should be retained on the same court. If a preliminary examination indicates further inquiry is necessary before such a decision may be made, the commission shall hold a hearing concerning

A judge who has not received approval by the commission to be retained in office within ten days after receipt of the notice of decision, which includes a record of the numerical vote, may request a rehearing on the grounds that the conclusions of the commission are contrary to the evidence presented at the hearing or the commission failed to comply with the procedural or substantive requirements of this section.

The decision of the Judicial Merit Selection Commission is final. There is no right of appeal at law or in equity, or any resort to any court following the decision of the commission.

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, the confidentiality of records and other information received concerning candidates for judicial office, prohibition against ex parte communication with individual members of the commission concerning the qualifications of candidates and the conduct of proceedings before the commission.

Section 14-6-180. No person who contributes five hundred dollars or more during an election cycle to a gubernatorial candidate who is ultimately elected Governor or who contributes in the aggregate two thousand five hundred dollars or more over the length of time one is a gubernatorial candidate and serves as Governor shall have his name submitted by the commission as a nominee to fill a judicial vacancy by the Governor to whom the contributions were made. This limitation on contributions applies to the person and his family members as that term is defined in Section 8-13-1300(14). A person applying to the commission for appointment to a judicial office shall disclose on his application form the amount of contributions made to the Governor who may appoint this person to the judicial office sought."

SECTION 2. Section 1-23-510 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-510. (A) The judges of the division must be elected by the General Assembly in joint session, appointed by the Governor from a list of nominees submitted by the Judicial Merit Selection Commission as provided in Chapter 6 of Title 14. Upon appointment, an Administrative Law Judge shall serve for a term of five years and until their successors are elected his successor is appointed and qualify qualifies; provided, that of those judges initially elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, for terms of five years and until their successors are elected and qualify; provided, that those judges elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats.

(B) In electing appointing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.

(C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the provisions of Section 2-19-10, et seq.

(D) Each seat on the division must be numbered. Elections Appointments are required to be for a specific seat. The Seat 1 is the office of chief administrative law judge and is a separate and distinct office for the purpose of an election appointment.

(E) (D) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the administrative law judge occupying Seat 2."

SECTION 3. Section 1-23-520 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

SECTION 4. Section 1-23-525 of the 1976 code is repealed.

SECTION 5. Section 1-23-530 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-530. The judges of the division shall qualify after the date of their election appointment by taking the constitutional oath of office."

SECTION 6. Section 1-23-550 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-550. All vacancies in the office of administrative law judge must be filled in the manner of original appointment. When a vacancy is filled, the judge elected appointed shall hold office only for the unexpired term of his predecessor."

SECTION 7. 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 8. 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

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