Indicates Matter Stricken

Indicates New Matter

Committee Report

February 28, 2024

S. 99

Introduced by Senators Campsen and Kimbrell

S. Printed 02/28/24--S.                                                                         [SEC 3/1/2024 10:58 AM]

Read the first time January 10, 2023

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 99) to amend the South Carolina Code of Laws by amending Section 2-19-70, relating to judicial candidates seeking pledges from members of the General Assembly, so as, etc., respectfully

Report:

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, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 2-19-10(D) of the S.C. Code is amended to read:

    (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.Beginning in 2025, the members appointed to the commission shall serve no more than two nonconsecutive four-year terms provided that a period of four years separates each term.

SECTION X. Section 2-19-20 of the S.C. Code is amended to read:

    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 court 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 court 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 court, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination as justice or judge may make application to the commission. No Except for candidates for an at-large circuit court judge position, no person may concurrently seek more than one judicial vacancy. A candidate for an at-large circuit court position does not designate a particular seat but is considered for all at-large circuit court positions available. The commission shall announce the names of all those persons who have applied for all available judicial positions.

    (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.After filing a notice of intention, the Judicial Merit Selection Commission shall provide the candidate with an application package that must be returned to the commission by the deadline in order for the candidate to be considered for a judicial position.

SECTION X. Chapter 19, Title 2 of the S.C. Code is amended by adding:

    Section 2-19-23. (A) Within two business days after the deadline for receiving the candidates' application packages, the Judicial Merit Selection Commission must send to the Governor to review and evaluate the packages of all candidates except incumbent justice or judge candidates seeking re-election.

    (B) Upon receiving the application packages, the Governor 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 agencies shall, upon request, cooperate fully with the Governor.

    (C) To aid in the investigation of candidates, the Governor may appoint an Advisory Council on Judicial Selection. In making appointments to the council, the Governor is encouraged to consider:

       (1) race, gender, national origin, and other demographic factors to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State;

       (2) experience with or understanding of the state judicial system, including the Supreme Court, court of appeals, circuit court, family court, master-in-equity, and administrative law court;

       (3) representatives from each of the judicial circuits;

       (4) recommendations from:

           (a) the Chief Justice of the South Carolin