South Carolina

• South Carolina Supreme Court

• The General Assembly establishes a Judicial Merit Selection Commission, which considers the qualification and fitness of the candidates.
• Composition of the Judicial Merit Selection Commission:
  • 5 members appointed by the Speaker of the House of Representatives and of these appointments, 3 must be serving members of the General Assembly and 2 members must be selected from the general public
  • 3 members appointed by the Chairman of the Senate Judiciary Committee and 2 members appointed by the President Pro Tempore of the Senate, and of these appointments, 3 must be serving members of the General Assembly, and 2 members must be selected from the general public
• The General Assembly can only elect the Justices from among the nominees of the Commission, but can require the Commission to make further nominations.
• Justices are elected by a joint public vote of the General Assembly.
• At the end of a Justice’s term, he or she will be subject to a retention election by the General Assembly.

Interim Vacancies

• All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled by elections; provided, that if the unexpired term does not exceed one year such vacancy may be filled by the Governor.
• When a vacancy is filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor.

• South Carolina CONST. art. V §§ 3 & 27
• South Carolina Code Ann. § 2-19-80(C)
• South Carolina CONST. art. V §§ 18