2023-2024 Bill 1046: Judicial Merit Selection Commission - South Carolina Legislature Online

South Carolina General Assembly
125th Session, 2023-2024

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Indicates Matter Stricken
Indicates New Matter

S. 1046

STATUS INFORMATION

General Bill
Sponsors: Senators Hembree, Climer, M. Johnson, Peeler, Corbin, Cromer, Shealy, Grooms, Bennett, Gambrell, Loftis, Rice, Gustafson, Martin, Verdin, Turner, Kimbrell, Reichenbach, Cash, Harpootlian, McLeod and Fanning
Document Path: SEDU-0063DB24.docx

Introduced in the Senate on February 14, 2024
Introduced in the House on March 20, 2024
Last Amended on May 8, 2024
Currently residing in conference committee

Summary: Judicial Merit Selection Commission

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
2/14/2024 Senate Introduced and read first time (Senate Journal-page 3)
2/14/2024 Senate Referred to Committee on Judiciary (Senate Journal-page 3)
2/15/2024 Scrivener's error corrected
2/28/2024 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 15)
2/28/2024 Senate Special order, set for February 28, 2024 (Senate Journal-page 49)
2/28/2024 Senate Roll call Ayes-31 Nays-11 (Senate Journal-page 49)
2/29/2024 Senate Debate interrupted
3/1/2024 Scrivener's error corrected
3/6/2024 Senate Debate interrupted (Senate Journal-page 50)
3/7/2024 Senate Debate interrupted (Senate Journal-page 20)
3/14/2024 Senate Amended (Senate Journal-page 6)
3/14/2024 Senate Read second time (Senate Journal-page 6)
3/14/2024 Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 6)
3/19/2024 Scrivener's error corrected
3/19/2024 Senate Read third time and sent to House (Senate Journal-page 39)
3/19/2024 Senate Roll call Ayes-44 Nays-0 (Senate Journal-page 39)
3/20/2024 House Introduced and read first time (House Journal-page 23)
3/20/2024 House Referred to Committee on Judiciary (House Journal-page 23)
5/1/2024 House Committee report: Favorable with amendment Judiciary (House Journal-page 114)
5/2/2024 House Requests for debate-Rep(s). Ott, Hiott, B Newton, Felder, Carter, W Newton, O'Neal, Ligon, Session, Harris, T Moore, Magnuson, Guest, BL Cox, Cromer, Oremus, West, Anderson, Hewitt, Hosey, Kirby, JA Moore Cobb-Hunter, Spann-Wilder, Bauer, Robbins, Whitmire, Brewer, White, Chumley, Dilliard, W Jones, Wheeler, Weeks, May, Killmartin, Wetmore, Stavreinakis, Ballentine, Wooten, Caskey, Hager, McDaniel, Herbkersman (House Journal-page 61)
5/6/2024 Scrivener's error corrected
5/7/2024 House Amended (House Journal-page 141)
5/7/2024 House Read second time (House Journal-page 141)
5/7/2024 House Roll call Yeas-112 Nays-6 (House Journal-page 162)
5/8/2024 House Read third time and returned to Senate with amendments (House Journal-page 120)
5/8/2024 Senate Amended (Senate Journal-page 223)
5/8/2024 Senate Roll call Ayes-45 Nays-0 (Senate Journal-page 223)
5/8/2024 Senate Returned to House with amendments (Senate Journal-page 223)
5/9/2024 House Non-concurrence in Senate amendment (House Journal-page 58)
5/9/2024 House Roll call Yeas-0 Nays-104 (House Journal-page 59)
5/9/2024 Senate Senate insists upon amendment and conference committee appointed Rankin, Malloy, Massey (Senate Journal-page 38)
5/9/2024 House Conference committee appointed W Newton, Caskey, Stavrinakis (House Journal-page 150)

View the latest legislative information at the website

VERSIONS OF THIS BILL

02/14/2024
02/15/2024
02/28/2024
03/01/2024
03/14/2024
03/19/2024
05/01/2024
05/06/2024
05/07/2024
05/08/2024



Indicates Matter Stricken

Indicates New Matter

 

House Amendments Amended Returned To House

May 08, 2024

 

S. 1046

 

 

Introduced by Senators Hembree, Climer, M. Johnson, Peeler, Corbin, Cromer, Shealy, Grooms, Bennett, Gambrell, Loftis, Rice, Gustafson, Martin, Verdin, Turner, Kimbrell, Reichenbach, Cash, Harpootlian, McLeod and Fanning

 

S. Printed 05/08/24--S.

Read the first time February 14, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-19-10, RELATING TO JUDICIAL MERIT SELECTION COMMISSION, APPOINTMENT,  QUALIFICATIONS, AND TERMS, SO AS TO PROVIDE FOR THE APPOINTMENT OF JUDICIAL MERIT SELECTION COMMISSION MEMBERS, INITIAL TERMS, AND SUBSEQUENT TERMS, TO AMEND THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT, EXCEPT THOSE FIRST APPOINTED, THE MEMBERS APPOINTED BY THE SENATE PRESIDENT, THE SENATE JUDICIARY CHAIRMAN, THE SPEAKER OF THE HOUSE, AND THE HOUSE JUDICIARY CHAIRMAN SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND TO PROVIDE THAT NO NOMINEE MAY BE A FAMILY MEMBER OF A CURRENT MEMBER OF THE JUDICIAL MERIT SELECTION COMMISSION; BY ADDING SECTION 2-19-15 SO AS TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR AND PROFESSIONAL STAFF; BY AMENDING SECTION 2-19-20, RELATING TO INVESTIGATION BY COMMISSION AND PUBLICATION OF VACANCIES, SO AS TO PROVIDE THE CRITERIA FOR THE QUALIFICATION OF JUDICIAL CANDIDATES; BY AMENDING SECTION 2-19-30, RELATING TO HEARINGS AND EXECUTIVE SESSION, SO AS TO REQUIRE ALL PUBLIC HEARINGS BE LIVE STREAMED; BY AMENDING SECTION 2-19-70, RELATING TO the PROHIBITION AGAINST DUAL OFFICES, PRIVILEGES OF THE FLOOR, AND PLEDGES, SO AS TO PROVIDE FOR CERTAIN FLOOR PRIVILEGES and PROHIBITIONS FOR CANDIDATES AND ESTABLISHing SET TIMES FOR THE RELEASE OF REPORTS AND the SEEKING of PLEDGES and TO PROVIDE THAT THE FORMAL RELEASE OF THE REPORT OF QUALIFICATIONS SHALL OCCUR NO EARLIER THAN TWELVE DAYS AFTER NOMINEES HAVE BEEN RELEASED TO MEMBERS OF THE GENERAL ASSEMBLY; BY AMENDING SECTION 2-19-80, RELATING TO NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO PROVIDE that ALL QUALIFIED CANDIDATES SHALL BE RELEASED TO THE GENERAL ASSEMBLY; BY AMENDING SECTION 2-19-90, RELATING TO the APPROVAL OF the GENERAL ASSEMBLY IN JOINT SESSION, SO AS TO PROVIDE that A CANDIDATE MUST RECEIVE A MAJORITY VOTE OF EACH HOUSE; AND BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT, TERMS AND TERRITORIAL JURISDICTION, TRAINING, AND CERTIFICATION OR RECERTIFICATION REQUIREMENTS, SO AS TO PROVIDE THAT THE GOVERNOR SHALL RECEIVE RECOMMENDATIONS FROM THE FULL LEGISLATIVE DELEGATION OF THE COUNTY THE MAGISTRATE WILL SERVE.

    Amend Title To Conform

 

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

 

 

SECTION 1.  Section 2-19-10 of the S.C. 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 twelve 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 oppositio