South Carolina General Assembly
114th Session, 2001-2002

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Bill 1085


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


Indicates Matter Stricken

Indicates New Matter

CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED

May 23, 2002

    S. 1085

Introduced by Senator McConnell

S. Printed 4/25/02--H.

Read the first time April 2, 2002.

            

A BILL

TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.

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

SECTION    1.    Section 40-5-210 of the 1976 Code is amended to read:

    "Section 40-5-210.    There is hereby created a State Board of Law Examiners. to consist of six members of the bar who have had at least ten years' standing and are actually engaged in the practice of law. The members shall be appointed by the Supreme Court for terms of three years. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. Not more than one member shall be appointed from any one congressional district. At least one member from each congressional district must be appointed by the Supreme Court."

SECTION    2.    Section 40-5-80 of the 1976 Code is amended to read:

    "Section 40-5-80.    This chapter shall may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires, or the cause of another, with leave of the court first had and obtained;.provided, that he declare on oath, if required, that he neither has accepted nor will accept or take any fee, gratuity or reward on account of such prosecution or defense or for any other matter relating to the cause."

SECTION    3.    This act takes effect upon approval by the Governor.

/s/ Larry A. Martin    /s/ George E. Campsen, III

/s/ Robert L. Waldrep, Jr.        /s/ James Emerson Smith, Jr.

/s/ C. Bradley Hutto    /s/ George Murrell Smith, Jr.

    On Part of the Senate.    On Part of the House.

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