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Bill 4877

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 10, 2016

H. 4877

S. Printed 3/10/16--H.

Read the first time February 10, 2016.

To whom was referred a Bill (H. 4877) to amend Section 63-3-40, as amended, Code of Laws of South Carolina, 1976, relating to family court judges elected from each judicial circuit, so, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

F. GREGORY DELLENEY, JR. for Committee.

TO AMEND SECTION 63-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO ADD TWO ADDITIONAL FAMILY COURT JUDGES WHO SHALL BE AT LARGE AND MUST BE ELECTED WITHOUT REGARD TO THEIR COUNTY OR CIRCUIT OF RESIDENCE.

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

SECTION    1.    Section 63-3-40 of the 1976 Code, as last amended by Act 241 of 2012, is further amended to read:

"Section 63-3-40.    (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 judges authorized by this section, there must be six eight 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. 6 8, respectively."

SECTION    2.    The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by the provisions of SECTION 1, and the General Assembly then shall elect these judges from the nominees of the commission.

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

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