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4107Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990518Primary Sponsor: AltmanAll Sponsors: AltmanDrafted Document Number: l:\council\bills\bbm\9349som99.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Courts, Judges, Appeals, Supreme; Candidates for election may succeed themselves; ElectionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990518 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 14-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE SUPREME COURT AND ELECTION OF JUSTICES, SO AS TO PROVIDE THAT THE FIVE JUSTICES SHALL ELECT AMONG THEMSELVES THE CHIEF JUSTICE WHO SHALL SERVE FOR A TERM OF FOUR YEARS, TO PROVIDE THAT THE JUSTICE ELECTED AS THE CHIEF JUSTICE IS ELIGIBLE TO BE REELECTED, AND TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO THE CHIEF JUSTICE SERVING ON THE EFFECTIVE DATE OF THIS ACT DURING THAT JUSTICE'S TENURE IN OFFICE; TO AMEND SECTION 14-8-10, AS AMENDED, RELATING TO THE COURT OF APPEALS AND THE NUMBER OF JUDGES, SO AS TO PROVIDE THAT THE NINE JUDGES SHALL ELECT AMONG THEMSELVES THE CHIEF JUDGE WHO SHALL SERVE FOR A TERM OF FOUR YEARS, TO PROVIDE THAT THE JUDGE ELECTED AS THE CHIEF JUDGE IS ELIGIBLE TO BE REELECTED, TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO THE CHIEF JUDGE SERVING ON THE EFFECTIVE DATE OF THIS ACT DURING THAT JUDGE'S TENURE IN OFFICE; TO AMEND SECTION 14-8-20 AND SECTION 14-8-30, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS TO THE COURT OF APPEALS AND TO THE QUALIFICATIONS OF OFFICE, SO AS TO CONFORM BOTH SECTIONS TO THE PROVISIONS OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-3-10 of the 1976 Code is amended to read:
"Section 14-3-10. (A) The Supreme Court shall consist of
a Chief Justice and four associate five justices, who shall be elected by a joint viva voce vote of the General Assembly for a term of ten years and shall continue in office until their successors are elected and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall each be elected at the session of the General Assembly next preceding the expiration of their respective terms. The time for the commencement of their terms of office shall be the first day of August after their election.
(B) The justices shall elect, among themselves, the Chief Justice who shall serve for a term of four years. The justice so elected is eligible to be reelected."
SECTION 2. Section 14-8-10, as last amended by Act 145 of 1995, is further amended to read:
"Section 14-8-10. (A) There is hereby created the Court of Appeals (the Court), which shall be a part of the unified judicial system. The Court shall consist of
a Chief Judge and eight associate nine judges.
(B) The judges shall elect, among themselves, the Chief Judge, who shall serve for a term of four years. The judge so elected is eligible to be reelected."
SECTION 3. Section 14-8-20 of the 1976 Code is amended to read:
"Section 14-8-20. (a) The members of the Court shall be elected by joint public vote of the General Assembly for a term of six years and until their successors are elected and qualify
; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The terms of office of the judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date.
(b) Each seat on the Court shall be numbered. Candidates shall be required to file for a specific seat.
Seat five shall be designated as the office of Chief Judge and shall be a separate and distinct office for the purpose of an election.
(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the Court."
SECTION 4. Section 14-8-30 of the 1976 Code is amended to read:
No A person shall not be eligible for the office of Chief Judge or associate judge of the court who does not at the time of his election or appointment meet the qualifications for justices and judges as set forth in Article V of the Constitution of this State."
SECTION 5. The provisions of Sections 14-3-10(B) and 14-8-10(B), as added by this act, do not apply to the Chief Justice or Chief Judge serving on the effective date of this act during that justice's or judge's tenure in office.
SECTION 6. This act takes effect on July 1, 2000.
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