A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by amending chapter 19 of title 2, by renaming the chapter the "south carolina judicial merit selection commission, screening and election of justices and judges", SO AS TO CREATE THE new SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION AND RESTRUCTURE THE PROCESS BY WHICH JUSTICES AND JUDGES ARE SCREENED AND ELECTED, to PROVIDE FOR THE MEMBERSHIP of the commission AND ITS LIMITED TERMS, to REQUIRE THE COMMISSION TO HAVE AN EXECUTIVE DIRECTOR AND OTHER NECESSARY STAFF, to require THE RELEASE OF ALL QUALIFIED JUDICIAL CANDIDATES, to CREATE A COMBINED BAR AND CITIZENS' JUDICIAL QUALIFICATIONS COMMITTEE, to CREATE A MIDTERM JUDICIAL BALLOT BOX REVIEW, to give delegations the authority to reject a master-in-equity candidate in addition to the governor's authority to do so, to create a subcommittee of the commission to screen magistrate candidates before the governor appoints, among other things and to make other conforming changes; BY AMENDING SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE MAY SERVE IN HOLDOVER STATUS FOR NO MORE THAN FOURTEEN DAYS AT THE END OF HIS TERM, TO PROVIDE THAT THE GOVERNOR MAY APPOINT A TEMPORARY MAGISTRATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT ANY MAGISTRATE OR MAGISTRATE CANDIDATE WHO HAS BEEN REPRIMANDED BY THE SUPREME COURT OR ANY OTHER DISCIPLINARY AUTHORITY MAY NOT BE APPOINTED OR REAPPOINTED UNLESS APPROVED BY A MAJORITY OF THE SENATE AFTER THE SENATE IS INFORMED OF THE REPRIMAND OR DISCIPLINARY ACTION; BY AMENDING SECTION 22-3-10, RELATING TO the CIVIL JURISDICTION OF THE MAGISTRATEs COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO twenty-five THOUSAND DOLLARS; and BY AMENDING SECTION 22-3-550, RELATING TO MAGISTRATES COURT criminal JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE penalty to one year and increase the fine or forfeiture JURISDICTION FROM FIVE HUNDRED TO twenty-FIVE THOUSAND DOLLARS; and to direct the department of administration to conduct an analysis of office space and other relevant information and report to the general assembly the costs of the transfer of the judicial merit selection commission to independent office space when it converts to the south carolina judicial merit selection commission, and to provide that the standalone, independent agency must be created and functional by july 1, 2025.

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

SECTION 1.  Chapter 19, Title 2 of the S.C. Code is amended to read:

CHAPTER 19

South Carolina Judicial Merit Selection Commission

Screening and Election of Justices and Judges

    Section 2-19-5.  (A) There is created the South Carolina Judicial Merit Selection Commission composed of thirteen members who must be appointed as follows:

       (1) four members appointed by the Speaker of the House of Representatives and of these appointments:

           (a) two members must be members of the House of Representatives; and

           (b) two members must be selected from the South Carolina Bar who must be members of the Bar in good standing with ten years' experience in the practice of law;

       (2) four members appointed by the Senate and of these appointments:

           (a) two members must be appointed by the President of the Senate one of whom must be a member of the Senate and one of whom must be selected from the South Carolina Bar and must be a member in good standing with ten years' experience in the practice of law; and

           (b) two members must be appointed by the Chairman of the Senate Judiciary Committee one of whom must be a member of the Senate and one of whom must be selected from the South Carolina Bar and must be a member in good standing with ten years experience in the practice of law; and

       (3) five members appointed by the Governor:

           (a) one of which must be a retired judge from the statewide judicial system who shall serve as chairman; and

           (b) four of which must be members in good standing of the South Carolina Bar with at least ten years' experience in the practice of law.

    (B) No person is eligible for appointment if he individually contributed to a campaign of one of the appointing authorities in the most recent election. Nonlegislative members may not be a public employee or serve in another elected office.

    (C) Members of the commission shall serve for a term of two years and may serve no more than two consecutive terms.  However, a member of the House of Representatives or Senate who ceases to serve as a member of the General Assembly will have his service on the commission terminated upon the end of his service in the General Assembly.  Additionally, a member appointed to fill a vacancy in an unexpired term may serve two full terms thereafter. The initial appointments must be made as follows:

       (1) one member each appointed by the Speaker of the House of Representatives pursuant to subsection (A)(1)(a) and (b) shall serve an initial term of one year and may be reappointed to a following two-year term;

       (2) one member each appointed by the President of the Senate and the Chairman of the Senate Judiciary Committee pursuant to subsection (A)(2)(a) and (b) shall serve an initial term of one year and may be reappointed to a following two-year term; and

       (3) two members appointed by the Governor pursuant to subsection (A)(3)(b) shall serve an initial term of one year and may be reappointed to a following two-year term.

    (D) In making appointments to the commission, race, gender, national origin, and other demographic factors shall be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.

    (E) The chairman of the commission appointed pursuant to subsection (A)(3)(a) shall serve a two-year term after which he may be reappointed. Other officers may be elected as the commission considers necessary.

    (F) A vacancy on the commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.

    (G) Current members of the Judicial Merit Selection Commission who have served more than four years as a member of the commission are not eligible for appointment to the South Carolina Judicial Merit Selection Commission pursuant to the provisions of this chapter.

    (H) 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.

    (I) No member of the commission is eligible for nomination and appointment as a judge or justice of the state court system or administrative law court while serving on the commission and for a period of one year thereafter.

    (J) The commission shall employ an executive director who shall be tasked with the day-to-day operations of the commission and other duties assigned by the commission. The executive director is responsible for employing and terminating other personnel as necessary.

    (K) The commission is authorized to promulgate rules and regulations necessary to effectuate the provisions of this chapter including, but not limited to, rules and limits governing campaigning, ethics, and live-streaming of meetings.

    Section 2-19-10. (A) WheneverWhen an election is to be held by the General Assembly in Joint Session, for members of the judiciary, athe South Carolina Judicial Merit Selection Commission, composed of tenthirteen members, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates.  The Judicial Merit Selection Commissioncommission 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-electionreelection;

       (6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.