Current Status Bill Number:3235 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970115 Primary Sponsor:D. Smith All Sponsors:D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill Drafted Document Number:gjk\23175sd.97 Companion Bill Number:70 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19970219 Subject:Judges, retired; master-in-equity; appointment provisions; courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970220 Introduced, read first time, 11 SJ
referred to Committee
House 19970220 Read third time, sent to Senate
House 19970219 Amended, read second time
House 19970219 Request for debate withdrawn
by Representative T. Brown
House 19970218 Request for debate by Representative Moody-
Lawrence
House 19970218 Amended
House 19970218 Request for debate by Representative Cave
Neal
Canty
T. Brown
House 19970212 Committee report: Favorable with 25 HJ
amendment
House 19970115 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
February 19, 1997
H. 3235
Introduced by Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill
S. Printed 2/19/97--H.
Read the first time January 15, 1997.
TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-100 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within two four 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 review of that justice or judge is required until that term would have expired."
SECTION 2. Section 2-19-110 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of resignation or retirement pursuant to written notice thereof."
SECTION 3. Section 14-11-20 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 14-11-20. Pursuant to the provisions of Section 2-19-110, Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of thirty-two years upon his appointment, has not been a licensed attorney for at least eight years upon his appointment, has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the court of common pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 4. Section 9-8-120(4) of the 1976 Code, as last amended by Section 5, Act 610 of 1990, is further amended to read:
"(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State. If his election is to engage in the practice of law, it is irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge in the courts of this State. If his election is to be eligible for appointment to serve as a justice or judge in the courts of this State and not to practice law, he may at any time thereafter change such election and decide to engage in the practice of law, at which point his decision becomes irrevocable."
SECTION 5. This act takes effect July 1, 1997.