S 696

South Carolina General Assembly
126th Session, 2025-2026
Bill 696
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 2-19-5, RELATING TO SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION
CREATION, SO AS TO REQUIRE THAT THE COMMISSION BE COMPOSED OF TWELVE MEMBERS
APPOINTED BY THE GOVERNOR; BY AMENDING SECTION 2-19-20, RELATING TO
INVESTIGATION BY THE COMMISSION AND PUBLICATION OF VACANCIES, SO AS TO REQUIRE
THAT ANY STATE AGENCY MUST COOPERATE WITH THE COMMISSION'S REQUESTS FOR
INFORMATION; BY AMENDING SECTION 2-19-30, RELATING TO HEARINGS AND EXECUTIVE
SESSION, SO AS TO REQUIRE WRITTEN TESTIMONY FOR PUBLIC HEARINGS BE SUBMITTED NO
LATER THAN SEVENTY-TWO HOURS BEFORE THE SCHEDULED HEARING AND COPIES OF WRITTEN
AND SPOKEN TESTIMONY BE AVAILABLE AT NO CHARGE; BY AMENDING SECTION 2-19-35,
RELATING TO CRITERIA FOR INVESTIGATIONS AND CONSIDERATION OF THE COMMISSION, SO
AS TO OMIT RACE, GENDER, SEX, SEXUAL PREFERENCE, COLOR, RELIGION, NATIONAL
ORIGIN, INTERSECTIONAL IDENTIFIERS, ANY DIVERSITY, EQUITY, AND INCLUSION
CRITERA, PHILOSOPHY, OR FRAMEWORKS FROM BEING CONSIDERED BY THE COMMISSION WHEN
MAKING NOMINATIONS AND APPOINTMENTS; BY AMENDING SECTION 2-19-50, RELATING TO
CONFIDENTIALITY OF RECORDS, INFORMATION, AND OTHER MATERIAL, SO AS TO EXCLUDE
RECORDS HELD BY THE COMMISSION NOT PREVIOUSLY OR OTHERWISE CONFIDENTIAL FROM
BEING KEPT STRICTLY CONFIDENTIAL; BY AMENDING SECTION 2-19-60, RELATING TO
POWERS OF THE COMMISSION, SO AS TO REQUIRE THAT THE COMMISSION MAY CARRY OUT
ITS DUTIES STRICTLY IN SELECTING AND VETTING VIABLE CANDIDATES AND THAT NO
INDIVIDUAL MAY BE PROSECUTED OR SUBJECTED TO PUNISHMENT, FORFEITURE, CRIMINAL,
OR CIVIL PENALTY BASED UPON TESTIMONY SUBMITTED TO THE COMMISSION; BY AMENDING
SECTION 2-19-70, RELATING TO PROHIBITION AGAINST DUAL OFFICES, PRIVILEGES OF
THE FLOOR, AND PLEDGES, SO AS TO PROHIBIT FLOOR PRIVILEGES TO IMMEDIATE FAMILY
MEMBERS OF CANDIDATES WHILE THE CANDIDATE'S APPLICATION IS UNDER REVIEW BY THE
COMMISSION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 2-19-5 of the S.C. Code is amended to read:
    Section
2-19-5.  (A) There is created the
South Carolina Judicial Merit Selection Commission.
composed of twelve members who must be appointed as
follows:
       (1) four members appointed by the Speaker
of the House of Representatives and of these appointments:
  (a) three members must be members of the
House of Representatives;  and
  (b) one member must be selected from the
South Carolina Bar who must be a member 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 both of whom must be members of the
Senate;  and
       (3) four members appointed by the
Governor all of which must be members in good standing of the South Carolina
Bar with at least ten years' experience in the practice of law.
The Commission shall be composed of twelve members who must be
appointed by the Governor as follows:
       (1) eight members must be members of the
South Carolina Bar in good standing;
       (2) no more than four members may be law
enforcement professionals; and
       (3) no individual currently holding a
seat in the General Assembly of either chamber shall be eligible to serve on
the Judicial Merit Selection Commission, nor shall their spouse, children or
siblings. Former members of the General Assembly must wait no fewer than two
years before qualifying for selection by the Governor to the Judicial Merit
Selection Commission. Their spouse, children, or siblings must also wait no
fewer than two years before qualifying following the member vacating their seat.
    (B) No
person is eligible for appointment if he individually contributed to a the Governor's 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) 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)(D) 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.
    (F)(E) Members of the Judicial Merit Selection Commission
serving on the effective date of this act who have served more than four years
on the commission are not eligible for appointment to the commission pursuant
to the provisions of this act except for the current chairman and vice chairman
who can serve a two-year term but then may not serve a successive term.
    (G)(F) 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.
    (H)(G) 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.  If a candidate is a family member of a member of the
commission, the member must resign.  For the purposes of this subsection,
"family member" means a spouse, parent, brother, sister, child, step-child,
mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, grandparent, or grandchild.
Section 2-19-20 of
the S.C. Code is amended to read:
    Section
2-19-20. (A) It is the responsibility
of the South Carolina Judicial Merit Selection Commission to determine when
judicial vacancies are to occur in the Administrative Law 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 the position.  For
purposes of this chapter, a vacancy is created in the Administrative Law 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 reelection, 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 commission shall announce and publicize vacancies and forthcoming vacancies
in the Administrative Law Court, on the family court, circuit court, court of
appeals, and Supreme Court.  A person who desires to be considered for a
position as justice or judge may make application to the commission.  The
commission shall announce the names of those persons who have applied.
    (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 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 In the course of an the investigation, the commission
may utilize the services of any agency of state government.  This agency
shall, upon request, cooperate fully with the commission.
Section 2-19-30 of
the S.C. Code is amended to read:
    Section
2-19-30. (A) Upon completion of the
investigation, the Chairman of the South Carolina Judicial Merit Selection
Commission shall schedule a public hearing concerning the qualifications of the
candidates.  Any person who desires to testify at the hearing, including candidates,
shall furnish a written statement of his proposed testimony to the commission
no later than two weeks seventy-two
hours prior to the date and time set for the hearing unless sufficient
cause is determined by the commission for allowing the submitting individual's
testimony after the deadline.  The commission shall
determine the persons who shall testify at the hearing.  All testimony,
including documents furnished to the commission, must be submitted under oath
and persons knowingly furnishing false information either orally or in writing
are subject to the penalties provided by law for perjury and false swearing.
    (B)
During the course of the investigation, the commission may schedule an executive a public session
at which each candidate, and other persons whom the commission wishes to
interview, may be interviewed by the commission on matters pertinent to the
candidate's qualification for the office to be filled. All
confidential information may be reserved for an executive session to which the
commission may schedule.
    (C) At
a reasonable time thereafter the commission shall render its tentative findings
as to whether the candidate is qualified for the office to be filled and its
reasons therefor as to each candidate.
    (D) As
soon as possible after the completion of the hearing, a verbatim copy of the
testimony, documents submitted at the hearing, and findings of fact must be
transcribed and published or otherwise made available in a reasonable number of
copies to the members of both houses prior to the date of the scheduled
election, and a copy shall be furnished to each candidate and anyone else upon
request for free.  A charge
for these copies may be made as authorized in the Freedom of Information Act.
    (E) A
candidate may withdraw at any time prior to the public hearing or after the
draft report is issued to members of the General Assembly.  The information
concerning a withdrawn candidate also shall be exempt from disclosure pursuant
to Chapter 4 of Title 30.  However, all materials concerning the candidate must
be retained and may not be destroyed by the commission.
    (F)
All of the commission's public hearings shall be live streamed except for the
portions of the hearings conducted in executive session.
Section 2-19-35 of
the S.C. Code is amended to read:
    Section
2-19-35. (A) The responsibility of
the South Carolina Judicial Merit Selection Commission is to investigate and
consider the qualifications of the candidates for judicial office in
Administrative Law Court or on the family court, circuit court, court of
appeals, or Supreme Court.  Investigations and consideration of the commission
should include, but are not limited to, the following areas:
       (1)
constitutional qualifications;
       (2)
ethical fitness;
       (3)
professional and academic ability;
       (4)
character;
       (5)
reputation;
       (6)
physical health;
       (7)
mental stability;
       (8)
experience;  and
       (9)
judicial temperament.
    (B) Race, gender, national origin, and other demographic factors
shall be considered by the commission to ensure nondiscrimination to the
greatest extent possible as to all segments of the population of the State.In making nominations and appointments, and in all affairs of
the Judicial Merit Selection Commission, race, gender, sex, sexual preference,
color, religion, national origin, and other intersectional identifiers,
markers, or any Diversity, Equity, and Inclusion criteria, philosophy, or
frameworks, shall not be considered by the commission at any time, for any
reason.
Section 2-19-50 of
the S.C. Code is amended to read:
    Section
2-19-50. All records, information, and other
material that the South Carolina Judicial Merit Selection Commission has
obtained or used to make its findings of fact, except materials, records, and
information presented under oath at the public hearing, or
records that were not otherwise or previously confidential, must be kept
strictly confidential. The information required to be kept confidential also
shall be exempt from disclosure pursuant to Chapter 4, Title 30.
Section 2-19-60 of
the S.C. Code is amended to read:
    Section
2-19-60. (A) The South Carolina
Judicial Merit Selection Commission, strictly and only
in the discharge of its duties in selecting and vetting
viable candidates, may administer oaths and affirmations, take
depositions, and issue subpoenas to compel the attendance of witnesses and the
production of books, papers, correspondence, memoranda, and other records
considered necessary in connection with the investigation of the candidate.
    (B) No
person shall be excused from attending and testifying or from producing books,
papers, correspondence, memoranda, or other records before the commission on
the ground that the testimony or evidence, documentary or otherwise, required
of him may tend to incriminate him or subject him to a penalty or forfeiture.
But no individual shall be prosecuted or subjected to any
punishment, forfeiture, or criminal or civil penalty
based upon testimony or evidence submitted or forfeiture for or on account of
any transaction, matter, or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that the individual so testifying
shall not be exempt from prosecution and punishment for perjury and false
swearing committed in so testifying.
    (C) In
case of contumacy by any person or refusal to obey a subpoena issued to any
person, any circuit court of this State or circuit judge within the
jurisdiction of which the person guilty of contumacy or refusal to obey is
found, resides, or transacts business, upon application by the commission may
issue to this person an order requiring him to appear before the commission to
produce evidence if so ordered or to give testimony touching the matter under
investigation.  Any failure to obey an order of the court may be punished as a
contempt.  Subpoenas shall be issued in the name of the South Carolina Judicial
Merit Selection Commission and shall be signed by the commission chairman.
Subpoenas shall be issued to those persons as the commission may designate.
Section 2-19-70 of
the S.C. Code is amended to read:
    Section
2-19-70. (A) No member of the General
Assembly may be elected to a judicial office while he is serving in the General
Assembly nor shall that person be elected to a judicial office for a period of
one year after he either:
       (1)
ceases to be a member of the General Assembly;  or
       (2)
fails to file for election to the General Assembly in accordance with Section
7-11-15.
    (B)
The privilege of the floor in either house of the General Assembly may not be
granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during
the time the candidate's application is pending before the commission and
during the time his nomination by the commission for election to a particular
judicial office is pending in the General Assembly.
    (C) No
person may seek, directly or indirectly, the pledge of a member of the General
Assembly's vote or, directly or indirectly, contact a member of the General
Assembly regarding screening for the judicial office until the qualifications
of all candidates for that office have been determined by the Judicial Merit
Selection Commission and the commission has formally released its report as to
the qualifications of all candidates for the vacancy to the General Assembly.
No member of the General Assembly may offer his pledge to any person until the
qualifications of all candidates for that office have been determined by the
Judicial Merit Selection Commission and until the commission has formally
released its report as to the qualifications of its nominees to the General
Assembly.  The formal release of the report of qualifications shall occur no
earlier than twelve days after the nominees have been initially released to
members of the General Assembly.  For purposes of this section, indirectly
seeking a pledge means the candidate, or someone acting on behalf of and at the
request of the candidate, requesting a person to contact a member of the
General Assembly on behalf of the candidate before nominations for that office
are formally made by the commission.  Prior to the formal release of the report
as to the qualifications of judicial candidates, a person may not request that
a member of the General Assembly, nor may a member of the General Assembly
offer to, act on behalf of a candidate in furtherance of the candidate's
candidacy in any capacity including, but not limited to, acting as a vote
counter for a candidate.  The prohibitions of this section do not extend to an
announcement of candidacy by a person and statements by the candidate detailing
the candidate's qualifications.
    (D) No
member of the General Assembly may trade anything of value, including pledges
to vote for legislation or for other candidates now or in the future, in
exchange for another member's pledge to vote for a candidate for judicial
office or as an inducement for a candidate to withdraw.
    (E)
Violations of this section maymust
be considered by the merit selection commission when it considers the
candidate's qualifications and until the time set for election of candidates.
Violations of this section by members of the General Assembly shall be reported
by the commission to the House or Senate Ethics Committee, as may be
applicable.  Violations of this section by nonlegislative commission members
shall be reported by the commission to the State Ethics Commission.  A
violation of this section is a misdemeanor and, upon conviction, the violator
must be fined not more than one thousand dollars or imprisoned not more than
ninety days.  Cases tried under this section may not be transferred from
general sessions court pursuant to Section 22-3-545.
SECTION 2.  Effective
February 1, 2027, the previous commission members shall vacate their seats
immediately to be replaced by those selected by the Governor in accordance with
Section 2-19-5.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 10, 2025 at 02:18 PM