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SC House passes bill changing the way judges are elected

South Carolina is one of two states in which the legislature selects judges. However, there has been growing criticism and calls for change over the last year.

COLUMBIA, S.C. — On Tuesday, the South Carolina House approved a bill changing how judges are picked in the state.

South Carolina is one of two states in which the legislature selects judges. However, there has been growing criticism and calls for change over the last year. 

Both the House and Senate agree that changes are needed this year, but their versions have big differences. 

The Senate passed their version in March after hours of debate and closed-door meetings. 

Both versions allow the governor to appoint members to the Judicial Merit Selection Commission (JMSC) and establish term limits for members. 

But there are several differences. 

Under the House version, members of the General Assembly must be one year out of office before seeking a judicial seat, which is the same as current law. The Senate wants to change that to two years and prohibit a member of the general assembly from voting for or asking for votes for a judicial candidate who is a family member. 

First, the House version would screen magistrates and limit their ability to serve past the end of their term in “holdover” status to 14 days. It also Increases magistrates’ jurisdiction from a maximum of $7,500 to $25,000 to address court backlog and increases the maximum criminal sentences magistrates can order.

Under the Senate version, The Governor gets suggestions for magistrate judges based on how much support they get from all the lawmakers in the county where they'll work. 

Additionally, the House would allow any number of qualified candidates to be considered, while the Senate would allow six.

Lastly, The House wants candidates to get a majority vote from the General Assembly, but the Senate wants a majority from each chamber.

The bill now heads to a conference committee for both sides to hash out a deal. 

On Wednesday the Judicial Merit Selection Commission starts screening candidates for a Supreme Court vacancy.

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