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COMMITTEE REPORT
May 2, 2007
H. 3267
Introduced by Reps. G.M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks
S. Printed 5/2/07--S.
Read the first time February 28, 2007.
To whom was referred a Bill (H. 3267) to amend Section 14-5-610, as amended, Code of Laws of South Carolina, 1976, relating to the division of the State into sixteen judicial circuits and, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, by striking lines 20-21 in their entirety and inserting therein the following:
/ COURT JUDGES BY ADDING THREE AT-LARGE JUDGES. /
Amend the bill further, as and if amended, page 2, by striking lines 37-43 in their entirety and inserting therein the following:
/ B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by this Section, 14-5-610, at the next available screening date, and the General Assembly shall then elect these judges from the nominees of the commission. /
Amend the bill further, as and if amended, pages 3-4, by striking Section B. in its entirety (page 3, lines 41-43, and on page 4, lines 1-4), and inserting therein the following:
/ B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by this Section, 20-7-1410, at the next available screening date, and the General Assembly shall then elect these judges from the nominees of the commission. /
Amend the bill further, as and if amended, page 4, by striking SECTION 3, lines 6-36, in its entirety.
Amend the bill further, as and if amended, page 4, by striking line 38 in its entirety and inserting therein the following:
/ SECTION 4. This act takes effect July 1, 2007, the next fiscal year. / Renumber sections to conform.
LUKE A. RANKIN for Committee.
EXPLANATION OF IMPACT:
Judicial Department
The department indicates this bill, as amended, will have an impact on the General Fund of the State of approximately $1,898,223 in personal services and associated operating expenses due to the addition of three new Circuit Court Judges and staff (administrative assistant, court reporter and law clerk) and the three new Family Court Judges and staff (administrative assistant and court reporter). There may also be associated costs borne by the counties in which these at-large judges preside for office space for each judge and their staff.
The Senate and the House of Representatives
The Legislature indicates there will be an additional cost for the proposed bill. The committee will consist of 11 members with 6 legislators and 5 non-legislators. The cost per legislator per one-day meeting is $235, and the cost per non-legislator per one-day meeting is $190. The total cost will be $2,360 per one day meeting.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. Section 14-5-610 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 14-5-610. (A) 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.
(B) One judge must be elected from the second, sixth, and twelfth circuits. Two judges must be elected from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, fifteenth, and sixteenth circuits. Three judges must be elected from the fifth and ninth circuits. Four judges must be elected from the thirteenth circuit.
(C) In addition to the above judges authorized by this section, there must be thirteen sixteen 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. 13 16 respectively."
B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1.A. and 2.A., and the General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriation act.
SECTION 2. A. Section 20-7-1410 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 20-7-1410. (A) The General Assembly shall elect a number of family court judges from each judicial circuit as follows:
First Circuit Three Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Six Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Six Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Three Judges
Sixteenth Circuit Two Judges
(B) In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, 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 the ninth circuit, both counties in the circuit must have at least two resident family court judges.
(C) No county in the sixth circuit shall have more than one resident family court judge.
(D) In addition to the above judges authorized by this section, there must be three additional family court 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. 3 respectively."
B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTIONS 1.A. and 2.A., and the General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriation act.
SECTION 3. (A) There is created a Judicial Circuit Reapportionment Study Committee to review the apportionment of the state's judicial circuits and to examine and evaluate the size of the existing judicial circuits with the goals of keeping counties whole and determining the appropriateness of having the larger counties contained within their own judicial circuits.
(B) The Judicial Circuit Reapportionment Study Committee must be composed of eleven members appointed as follows:
(1) three members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2) three members of the Senate appointed by the President Pro Tempore of the Senate;
(3) the Chief Justice of the South Carolina Supreme Court;
(4) two members appointed by the Governor who must be attorneys licensed to practice law in the State;
(5) one family court judge appointed by the Chief Justice of the South Carolina Supreme Court; and
(6) one circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court.
(C) The Chairman of the Senate Judiciary Committee shall provide appropriate staff, and the Chairman of the House Judiciary Committee shall provide appropriate staff who shall work with the Office of Research and Statistics to perform the duties of the committee.
(D) Members of the committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(E) The committee shall render its report and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2008.
SECTION 4. This act takes effect upon approval by the Governor.
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