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Editorial: Long-awaited reform on how SC picks judges will help, but it doesn’t go far enough

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Editorial: Long-awaited reform on how SC picks judges will help, but it doesn’t go far enough


The reform measure the Legislature sent to Gov. Henry McMaster on Wednesday won’t solve the multitudinous problems with the way South Carolina picks judges.

The governor still won’t have anywhere near as much say as the Legislature in selecting the members of the third branch of government.

And lawyer-legislators still will retain inordinate sway over the careers of judges they practice before — creating the appearance if not the reality of preferential treatment.

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But the bill — more than a year in the making and far longer than that in the needing — provides a good first step to addressing real and perceived flaws that threaten public confidence in our judicial system. We urge Mr. McMaster to sign it.

Editorial: Radical? Proposals to change how SC picks judges couldn't get any more modest

For the first time, it allows the governor to appoint some members to the Judicial Merit Selection Commission, which decides who legislators can elect or reelect to the Supreme Court, the Court of Appeals and the Circuit and Family courts. Governors have never had any say in those elections, and they still won’t participate in the vote, but S.1046 lets the governor appoint four of the 12 commissioners.

House and Senate leaders will still pick the eight other members, and six of them have to be legislators; technically, the bill allows all eight to be legislators, which would ensure legislators’ continued majority on the panel, but if House or Senate leaders choose to interpret it that way, it will be a massive betrayal of the public trust.

Scoppe: How SC lawyer-legislators use their ‘immunity’ to keep criminals out of jail

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Perhaps equally important, legislators will be limited to four consecutive years on the panel, and all but three current members will be expelled from the commission when the law takes effect in a year. Among those leaving will be House Democratic Leader Todd Rutherford, who has made himself the poster child for how lawyer-legislators can manipulate that position to their personal advantage. (Additionally, commissioners have to resign if a relative files to run for a judgeship.)

As long as the Legislature elects judges, the governor should appoint all the members of the screening panel; that’s the only way to create the balance of powers that is foundational to our nation’s system of governance. Barring that, lawyer-legislators should be prohibited from serving on the panel: One chance to influence who becomes a judge — when they vote in the election — is enough; that second opportunity is the root of most of the evil that South Carolina’s prosecutors have been complaining about for more than a year.

Editorial: Remove lawyer-legislators from judicial panel, before we hear more outrages

It’s worth noting that lawmakers agreed to give the governor some say on the commission at the very same moment they reduced the commission’s power: It still will be able to end the careers and the hopes of judges and would-be judges, but in most cases, it no longer will be able to nominate its favorites from among multiple qualified candidates. Now, instead of nominating a maximum of three candidates for each seat, the so-called cap will be six — which is more than the number of candidates in most contests — so if six candidates are found qualified, all six of them will stand for election.

The other smart reforms are a requirement that screening hearings be livestreamed and a related ban on candidates dropping out before the commission issues its report on their qualifications. Both are designed to stop the panel from pressuring candidates to drop out after screening by suggesting that the public will see unflattering material about them if they don’t.

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Scoppe: Is it a coincidence the folks who pick judges fare so well in court?

As Upstate Solicitor Kevin Brackett tells us, “This is helpful, but some of the main structures that ensure legislative dominance are still in place and need to be addressed.” That means getting lawyer-legislators off the screening commission and, ideally, allowing the governor to appoint all 12 members. It’s not too soon to start working on that next round of reforms.





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Murder conviction of Alex Murdaugh overturned in South Carolina

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Murder conviction of Alex Murdaugh overturned in South Carolina


South Carolina’s highest court on Wednesday (May 13) overturned the murder conviction of former lawyer Richard “Alex” Murdaugh, who was serving two consecutive life sentences for allegedly shooting his wife and 22-year-old son dead in June 2021. Ryan Brooks reports.



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McKeesport receiver Javien Robinson commits to South Carolina

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McKeesport receiver Javien Robinson commits to South Carolina






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SC GOP announces plans to file a federal lawsuit to close primaries

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SC GOP announces plans to file a federal lawsuit to close primaries


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  • The South Carolina Republican Party intends to file a federal lawsuit to close the state’s primary elections.
  • This legal action would require voters to register with a political party to participate in its primary.
  • Currently, South Carolina has open primaries, allowing any registered voter to choose which party’s primary to vote in.

The South Carolina Republican Party is planning to file a federal lawsuit to change the state’s primary voting process and require voters to register to a political party.

South Carolina voters do not have to register by political party, and are able to vote in either political party’s primary. State Republican lawmakers have pushed for legislation to close the state’s primary elections, but they have been unsuccessful in passing it.

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South Carolina Republican Party leadership held a press conference at the statehouse in Columbia on May 12 to announce the new lawsuit related to closed primaries and required partisan voter registration.

SCGOP Chair Drew McKissick said that South Carolina political parties have the right under state law to define the terms of party membership and dictate who votes in their primaries. He said the law doesn’t offer the tool to enforce that policy.

“Many people who are not Republicans choose Republican nominees,” McKissick said. “That’s like allowing Carolina or Clemson fans to choose which players the other team puts on the field.”

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U.S. Rep. Ralph Norman, R-District 5, is campaigning on closed primaries in his run for South Carolina governor. He said now is the time to institute closed primaries in South Carolina.

“I’m glad to see the party moving forward with it, and I look forward to having our day in court,” Norman said.

Last fall, the Republican Party of Texas filed a federal lawsuit against the state to close its primaries. The Texas Republican Party argued that the First Amendment gives political parties the right to determine who votes in their election.

Attorney General Alan Wilson offered his support to the South Carolina Republican Party as it takes up the lawsuit. The South Carolina Republican Party has not yet filed the suit, but McKissick said he expects the lawsuit to be filed shortly after the June 9 primary elections.

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Bella Carpentier covers the South Carolina legislature, state, and Greenville County politics. Contact her at bcarpentier@gannett.com



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