RULE 3
THE COMMISSION ON JUDICIAL CONDUCT

(a) Commission Created. There is hereby created a Commission on Judicial Conduct.

(b) Jurisdiction.

(1) Judges. The Commission has jurisdiction over judges regarding allegations that misconduct occurred before or during service as a judge and regarding allegations of incapacity during service as a judge.

(2) Former Judges. The Commission has continuing jurisdiction over former judges regarding allegations that misconduct occurred during service as a judge. The Commission shall also have jurisdiction over allegations that a former judge has made false statements or presented false evidence, or has committed conduct which would be a ground for discipline under Rule 7(a)(2), during a disciplinary proceeding against the former judge even if the conduct did not occur during the time of service as a judge, and the Commission may recommend the imposition of a sanction under Rule 7(b) or may recommend that a finding of criminal contempt be made by the Supreme Court for this conduct.

(c) Appointment. The Commission shall be composed of 26 members appointed by the Supreme Court. 10 members shall be judges from the circuit court or family court or masters-in-equity. 4 members shall be judges from the magistrate, municipal or probate courts. 4 members shall be regular members of the South Carolina Bar who have never held a judicial office. 8 members shall be public members.

(d) Terms. Commission members shall serve for a term of 4 years and shall be eligible for reappointment. A member assigned to a hearing panel may continue to participate in the hearing and decision of a matter despite the expiration of the member’s term if the hearing began before the expiration of the term.

(e) Removal. The Supreme Court may remove any member of the Commission.

(f) Vacancies. A vacancy shall occur when a Commission member ceases to be eligible to represent the category from which the member was appointed, is removed, or becomes unable to serve for any reason. An appointment to fill the vacancy shall be made by the Supreme Court. A member selected to fill a vacancy shall hold office for the duration of the unexpired term.

Last amended by Order dated December 28, 2012, effective January 1, 2013.