Current Status Bill Number:70 Ratification Number:52 Act Number:35 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:council\legis\bills\gjk\23202sd.97 Companion Bill Number:3235 Date Bill Passed both Bodies:19970514 Date of Last Amendment:19970513 Governor's Action:S Date of Governor's Action:19970521 Subject:Judges, retired; master-in-equity; Judicial Merit Selection Commission, appointments; Courts, Torts, citizens committees
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970604 Act No. A35
------ 19970521 Signed by Governor
------ 19970515 Ratified R52
House 19970514 Ordered enrolled for ratification
Senate 19970513 Free Conference Committee Report 89 SFCC
adopted
Senate 19970513 Free Conference Powers granted, 89 SFCC Moore
appointed Senators to Committee Passailaigue
of Free Conference Giese
House 19970501 Free Conference Committee Report 99 HFCC
adopted
House 19970501 Free Conference Powers granted, 99 HFCC Harrison
appointed Reps. to Committee of Delleney
Free Conference D. Smith
House 19970416 Conference powers granted, 98 HCC Harrison
appointed Reps. to Committee of Delleney
Conference D. Smith
Senate 19970416 Conference powers granted, 88 SCC Moore
appointed Senators to Committee Passailaigue
of Conference Giese
Senate 19970416 Insists upon amendment
House 19970415 Non-concurrence in Senate amendment
Senate 19970410 House amendments amended,
returned to House with amendment
Senate 19970409 Reconsidered vote whereby
concurred in House amendment and
enrolled for ratification
Senate 19970409 Recalled from Legislative Council
Senate 19970408 Concurred in House amendment,
enrolled for ratification
House 19970402 Read third time, returned to Senate
with amendment
House 19970401 Amended, read second time
House 19970325 Recalled from Committee 25 HJ
House 19970306 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970305 Amended, read third time,
sent to House
Senate 19970211 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970211 Committee amendment adopted
Senate 19970130 Committee report: Favorable with 11 SJ
amendment
Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A35, R52, S70)
AN ACT 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; 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; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-120 SO AS TO AUTHORIZE THE CHAIRMAN OF THE JUDICIAL MERIT SELECTION COMMISSION TO SELECT CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS FOR GEOGRAPHIC DISTRICTS SET BY THE COMMISSION AND PROVIDE FOR THE DUTIES OF THE CITIZENS COMMITTEES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND THE REQUIREMENT THAT A RETIRED JUSTICE OR JUDGE MAKE AN IRREVOCABLE ELECTION AS TO WHETHER OR NOT HE WISHES TO ENGAGE IN THE PRACTICE OF LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE AS A JUSTICE OR JUDGE IN THE COURTS OF THIS STATE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THIS ELECTION SHALL BE MADE; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR, SO AS TO MAKE THIS APPOINTMENT PROCEDURE SUBJECT TO THE PROVISIONS OF SECTION 2-19-110 REFERENCED ABOVE; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE THE PERFORMANCE OF ANY DUTY RELATED TO THEIR SERVICE BY MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION AND THE CITIZENS COMMITTEES ON JUDICIAL SELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Review date extended
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 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."
Appointment procedure revised
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. 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 an expiration of term, resignation, or retirement pursuant to written notice thereof."
Citizens committees on judicial qualifications
SECTION 3. Chapter 19, Title 2 of the 1976 Code, as last amended by Act 391 of 1996, is further amended by adding:
"Section 2-19-120. (A) The Chairman of the Judicial Merit Selection Commission, upon the advice of the commission, shall select members to serve on Citizens Committees on Judicial Qualifications for each geographic district set by the commission. These committees shall, under the rules adopted by the commission, advise the commission concerning judicial candidates. The committees shall report their findings to the commission in such form as prescribed by the commission.
(B) The members appointed to the Citizens Committees on Judicial Qualifications shall be compensated with an emolument of one hundred dollars per round of screening."
Election procedures revised
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 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."
Appointment procedure revised
SECTION 5. 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."
Exception added
SECTION 6. Section 15-78-60 of the 1976 Code, as last amended by Act 386 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) the performance of any duty related to the service of members of the Judicial Merit Selection Commission or the Citizens Committees on Judicial Selection."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.