Memorandum

To:	All Judges
From:	William L. Martin, III
Subject:	House Judiciary Committee Substitute to Senate Bill 78
Date:	February 5, 1998

Attached please find a revised House Judiciary Committee Substitute Bill for Senate Bill 78, Senator Mary Margaret Oliver's bill which would add judges to the Court of Appeals. The House Judiciary Committee Substitute changes the number of judges for the Court of Appeals from 13 as was contemplated in Senator Oliver's bill to 12.

The new Committee Substitute clarifies the language dealing with the terms for the judges. Section 15-3-4(1)(A) provides that the successors to the judges whose terms expire at the end of 1998 shall be elected at the General Election in 1998 and each sixth year thereafter. This includes Presiding Judge Birdsong, Judge Beasley , Judge Johnson and Judge Blackburn. This will also include Judge Eldridge because of the language in Subsection (2).

Subsection (1)(B) will provide that the judges whose terms expire in 2000 will run in 2000 and every sixth year thereafter. This will include Presiding Judge Pope and Judge Smith and, under the language in Subsection (3), it will also include Judge #11 and Judge #12.

Subsection (C) provides that the judges whose terms expire at the end of 2002 shall be elected at the General Election in 2002 and each sixth year thereafter. This will include Chief Judge Andrews, Presiding Judge McMurray and Judge Ruffin .

In summary, the terms created in this bill will provide that five judges will run in 1998 for six year terms: Presiding Judge Birdsong, Judge Beasley , Judge Johnson, Judge Blackburn and Judge Eldridge ; four judges will run in 2000 for six year terms: Presiding Judge Pope, Judge Smith, Judge 11 and Judge 12 and three judges will run in 2002 for six year terms: Chief Judge Andrews, Presiding Judge McMurray and Judge Ruffin .

If you have any questions about the terms or any other aspect of the bill, please let me know.

Thank you.

Attachment