Current Status Bill Number:3961 Ratification Number:478 Act Number:391 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950406 Primary Sponsor:Wilkins All Sponsors:Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport Drafted Document Number:gjk\21672sd.95 Date Bill Passed both Bodies:19960529 Date of Last Amendment:19960529 Governor's Action:S Date of Governor's Action:19960604 Subject:Judicial Merit Selection Commission
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960613 Act No. A391
------ 19960604 Signed by Governor
------ 19960530 Ratified R478
Senate 19960529 Ordered enrolled for ratification
Senate 19960529 Free Conference Committee Report 89 SFCC
adopted
Senate 19960529 Free Conference Powers granted, 89 SFCC McConnell
appointed Senators to Committee Moore
of Free Conference Courson
House 19960528 Free Conference Committee Report 99 HFCC
adopted
House 19960528 Free Conference Powers granted, 99 HFCC Delleney
appointed Reps. to Committee of D. Smith
Free Conference Fleming
Senate 19960523 Reconsidered vote whereby Free 89 SFCC McConnell
Conference Powers were granted Moore
and Senators appointed to Committee Courson
of Free Conference
Senate 19960523 Reconsidered vote whereby Free
Conference Committee Report was
adopted
House 19960523 Free Conference Powers rejected
Senate 19960522 Free Conference Committee Report 89 SFCC
adopted
Senate 19960522 Free Conference Powers granted, 89 SFCC McConnell
appointed Senators to Committee Moore
of Free Conference Courson
Senate 19960515 Conference powers granted, 88 SCC McConnell
appointed Senators to Committee Moore
of Conference Courson
House 19960514 Conference powers granted, 98 HCC Delleney
appointed Reps. to Committee of D. Smith
Conference Fleming
House 19960514 Insists upon amendment
Senate 19960509 Non-concurrence in House amendment
House 19960508 Senate amendments amended,
returned to Senate with amendment
House 19960507 Debate adjourned on Senate
amendments until Wednesday, 19960508
House 19960501 Debate adjourned on Senate
amendments until Tuesday, 19960507
House 19960425 Debate adjourned on Senate
amendments until Wednesday, 19960501
House 19960424 Debate adjourned on Senate
amendments until Thursday, 19960425
House 19960423 Debate adjourned on Senate
amendments until Wednesday, 19960424
Senate 19960416 Amended, read third time,
returned to House with amendment
Senate 19960404 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960327 Committee report: Favorable with 11 SJ
amendment
Senate 19950601 Introduced, read first time, 11 SJ
referred to Committee
House 19950531 Read third time, sent to Senate
House 19950531 Objection withdrawn by Representative Scott
House 19950530 Amended, read second time
House 19950518 Objection by Representative P. Harris
Scott
Hodges
Huff
R. Smith
Easterday
D. Smith
Wilkes
Herdklotz
Knotts
Cave
Moody-
Lawrence
Kirsh
Howard
Davenport
House 19950516 Committee report: Favorable with 25 HJ
amendment
House 19950406 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
(A391, R478, H3961)
AN ACT TO AMEND CHAPTER 19, AS AMENDED, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE MANNER IN WHICH JUSTICES AND JUDGES OF THE COURTS OF THIS STATE, INCLUDING ADMINISTRATIVE LAW JUDGES, WHO ARE ELECTED BY THE GENERAL ASSEMBLY SHALL BE SELECTED INCLUDING THE ESTABLISHMENT OF A JUDICIAL MERIT SELECTION COMMISSION, TO ESTABLISH THE MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND PROCEDURES OF THE COMMISSION, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT ELECT A PERSON TO THESE JUDICIAL OFFICES WHO HAS NOT BEEN NOMINATED BY THE COMMISSION, TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY OR THE COMMISSION MAY BE ELECTED TO THESE JUDICIAL OFFICES WHILE HE IS SERVING IN THE GENERAL ASSEMBLY OR ON THE COMMISSION AND FOR A CERTAIN PERIOD THEREAFTER, TO RESTRICT OR REGULATE CERTAIN ACTIVITIES OF MEMBERS, FORMER MEMBERS, AND OTHERS IN REGARD TO JUDICIAL ELECTIONS, INCLUDING A PROHIBITION AGAINST TRADING VOTE PLEDGES AND TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF RETIRED JUSTICES AND JUDGES FOR CONTINUED JUDICIAL SERVICE AFTER RETIREMENT, TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH PROCEDURES TO REVIEW THE QUALIFICATIONS OF MASTERS-IN-EQUITY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO PROVIDE THAT IF A NOMINEE IS FOUND NOT QUALIFIED, THE GOVERNOR SHALL SUBMIT ANOTHER NOMINEE; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF GOVERNMENT AND THE GENERAL ASSEMBLY, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR SCREENING PROCEDURES AND CERTAIN OTHER ELECTION PROCEDURES FOR NONJUDICIAL OFFICES FILLED BY ELECTION OF THE GENERAL ASSEMBLY; TO AMEND SECTION 20-7-1370, AS AMENDED, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO REVISE THE AGE QUALIFICATIONS, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS SHALL APPLY WITH REGARD TO CURRENT FAMILY COURT JUDGES; TO AMEND SECTION 14-1-215, AS AMENDED, RELATING TO RETIRED JUSTICES OR JUDGES BEING ASSIGNED BY THE CHIEF JUSTICE TO SERVE IN SPECIFIED COURTS, SO AS TO PROVIDE THAT THESE RETIRED JUSTICES OR JUDGES MUST HAVE BEEN REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 14-11-20, AS AMENDED, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, SO AS TO REVISE THE AGE QUALIFICATIONS OF MASTERS-IN-EQUITY, THE TIME THEY MUST HAVE BEEN A LICENSED ATTORNEY AT LAW, AND REQUIRE THEM TO BE FOUND QUALIFIED BY THE COMMISSION, TO PROVIDE FOR TRANSITION PROVISIONS IN REGARD TO THE ABOVE INCLUDING THE IMMEDIATE DEVOLVEMENT OF THE RESPONSIBILITIES OF THE JOINT COMMITTEE TO REVIEW JUDICIAL CANDIDATES UPON THE COMMISSION, TO PROVIDE THAT THE REVISIONS TO CHAPTER 19, TITLE 2, THE ADDITION OF CHAPTER 20, TITLE 2, AND THE ESTABLISHMENT OF THE JUDICIAL MERIT SELECTION COMMISSION ARE CONTINGENT UPON THE RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE AUTHORIZING THE ESTABLISHMENT OF THE COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE ELECTION OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT, AND JUDGES OF OTHER COURTS OF THIS STATE WHO ARE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE AMENDMENTS TO SECTION 20-7-1370, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO YEAR-OLD AGE REQUIREMENT AND AN EIGHT-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Election of justices and judges; Judicial Merit Selection Commission
SECTION 1. Chapter 19, Title 2 of the 1976 Code is amended to read:
Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. 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 and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings.
(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) five members appointed by the Speaker of the House of Representatives and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public.
(C) In making appointments to the commission, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
(D) The term of office of a member of the commission who is not a member of the General Assembly shall be for four years subject to a right of removal at any time by the person appointing him, and until his successor is appointed and qualifies. A member of the commission who is a serving member of the General Assembly shall serve for the term of office to which he has been elected.
(E) A vacancy on the Judicial Merit Selection Commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.
(F) 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.
(G) 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 a period of one year thereafter.
Section 2-19-20. (A) 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. 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 a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission shall, if practicable, also notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) 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.
(D) Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. This agency shall, upon request, cooperate fully with the commission.
Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election.
Section 2-19-30. (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. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to 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.
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification for the office to be filled.
(C) A reasonable time thereafter the commission shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
(D) 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 or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-19-35. (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 ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
Section 2-19-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, 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 the public hearing is unnecessary and it may not be held.
Section 2-19-50. 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 2-19-60. The Judicial Merit Selection 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 in connection with the investigation of the candidate.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the Judicial Merit Selection 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. But no individual shall 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, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the Judicial Merit Selection Commission may issue to this person an order requiring him to appear before the commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the Judicial Merit Selection Commission and shall be signed by the commission chairman. Subpoenas shall be issued to those persons as the commission may designate.
Section 2-19-70. (A) No member of the General Assembly may be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may not be granted to a former member during the time his application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545.
Section 2-19-80. (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom 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 there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.
Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session.
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 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 2-19-110. 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."
Nonjudicial screening and elections
SECTION 2. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. Except as otherwise provided in Section 58-3-26, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.
Section 2-20-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek the office from any candidate as provided by Section 2-20-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of the notices has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of the vacancy.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the State at large, each member of the General Assembly shall receive the notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section, which the committee believes are appropriate.
Section 2-20-20. Any person wishing to seek an office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee. Upon receipt of the notice of intention, the joint committee shall begin to conduct investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. The agency shall, upon request, cooperate fully with the joint committee.
Section 2-20-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. The hearing shall be conducted no later than two weeks prior to the date set in the election resolution for the election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. These statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
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 shall be transcribed and published in the journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings, and in this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-20-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee.
Section 2-20-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not the candidate be an incumbent, and no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the joint committee chairman upon recommendation of the joint committee may determine that a public hearing is unnecessary and shall not be held, but no election shall be held prior to this determination.
Section 2-20-50. All records, information, and other material that the joint committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the joint committee 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 shall be destroyed.
Section 2-20-60. The joint committee 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 in connection with the investigation of the joint committee.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee 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. However, no individual shall 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, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee may issue to the person an order requiring him to appear before the joint committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee and shall be signed by the joint committee chairman. Subpoenas shall be issued to those persons as the joint committee may designate."
Family court judge qualifications
SECTION 3. Section 20-7-1370(A) of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:
"(A) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future re-elections to the office of family court judge."
Review of retired justices and judges
SECTION 4. Section 14-1-215 of the 1976 Code, as last amended by Act 89 of 1995, is further amended to read:
"Section 14-1-215. 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 reviewed in the manner provided in Section 2-19-10 et seq. and found by the commission to be qualified to serve in these situations within two 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."
Review and qualifications of masters-in-equity
SECTION 5. Section 14-11-20 of the 1976 Code, as last amended by Part II, Section 4, Act 678 of 1988, is further amended to read:
"Section 14-11-20. 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."
Severability
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective; devolvement
SECTION 7. (A) This act, except as otherwise provided in subsections (B), (C), and (D) of this section, takes effect July 1, 1997, and is contingent upon a ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Merit Selection Commission to assist the General Assembly in the election of Supreme Court justices, judges of the court of appeals and the circuit court, and judges of other courts of this State who are elected by the General Assembly.
(B) Notwithstanding the provisions of subsection (A), upon the approval of this act by the Governor, the powers, duties, and responsibilities of the Joint Committee to Review Judicial Candidates pursuant to Chapter 19 of Title 2 of the 1976 Code are hereby devolved upon the Judicial Merit Selection Commission established by this act, and for this purpose the members of the Judicial Merit Selection Commission may be appointed and at this time the commission may organize and adopt rules of procedure. The commission in performing these screening duties shall apply existing provisions of law as applicable without regard to the provisions as added by this act, and its findings as to candidates' qualifications shall be advisory only and not binding on the General Assembly in the same manner the findings of the legislative screening committee for judicial candidates in regard to their qualifications applied to the General Assembly.
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 3 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 an eight-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the circuit court.
(D) Sections 4 and 5 take effect upon approval of this act by the Governor.
Approved the 4th day of June, 1996.