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Lawmakers to examine potential changes to judge selection in SC

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Lawmakers to examine potential changes to judge selection in SC


COLUMBIA, S.C. (WCSC) – For the last several months, more voices have been added to calls for South Carolina to reform the way it picks judges.

Now a group of lawmakers is taking a closer look, as a potential precursor to what, if any, changes could be enacted.

By next February, the newly formed House Ad Hoc Committee to Examine the Judicial Selection and Retention Process is expected to issue recommendations on whether South Carolina should change its judicial selection process and, if so, how.

That committee met for the first time Tuesday to begin its work, hearing from experts on South Carolina’s system and from judges and lawmakers in other states on how they select judges.

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“I believe the work of this committee to enhance the public’s confidence in the judicial branch is a vital part of our preparation for the 2024 legislative session,” Rep. Weston Newton, R – Beaufort and chair of the House Judiciary Committee, said Tuesday. “Each of us, I know, have heard from many constituents and stakeholders, especially law enforcement and the executive branch, that judicial reform should be a legislative priority.”

South Carolina is one of two states where the legislature elects judges.

Before judicial candidates get to that point, they first go through an extensive screening process, capped off by appearing before a screening panel, known as the Judicial Merit Selection Commission (JMSC) and predominantly made up of lawyers and legislators, who are typically also lawyers.

That has raised concerns that the people electing judges as lawmakers could later appear before them as lawyers and be treated more favorably in court.

“It is important for us to understand and remember that the public does have a perception that there is a problem, and what we should not do is to fool ourselves into believing that there is not a problem,” Rep. Gilda Cobb-Hunter, D-Orangeburg, said.

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Rep. Micah Caskey, R-Lexington and the current chair of the JMSC, said he has not seen any proof the existing system is not working or that changes would improve it.

Caskey is the only lawyer-legislator on the JMSC who also sits on the ad hoc committee.

“We ought not try to fool people that motion is progress,” he said. “We ought to demand of ourselves a process and a solution that will necessarily generate better results.”

It’s a system that state Supreme Court Justice John Kittredge, who is likely South Carolina’s next chief justice as the only person seeking the job, said has produced good judges.

Kittredge advised lawmakers Tuesday against making drastic changes all at once to the judicial selection system.

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“Don’t throw the baby out with the bathwater,” he said. “Pick some changes that would be more universally accepted, give it a try, see how it goes, measure it, but understand, unlike some efforts, particularly in government, when you go down a path, there’s no retreating.”

But he signaled support for giving the governor a greater role in judicial selection, including by allowing the governor to appoint people to the JMSC, the panel that screens judicial candidates before the General Assembly elects them.

“Allowing the governor, the executive branch, to have some say in the appointment process is a healthy thing,” he said.

Kittredge also vowed to promote diversity on South Carolina benches if he becomes chief justice.

A report released earlier this year found women and African Americans are disproportionately underrepresented on state benches.

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“We can have a great bench. We have a great system,” he said. “But if it doesn’t reflect the people of South Carolina, we are going to lose the respect and integrity of the people we serve.”

This committee will meet again next week.

Current South Carolina Chief Justice Donald Beatty was on the agenda to speak Tuesday as well, but the committee’s chair said Beatty had a scheduling conflict, so lawmakers would try to reschedule for him to testify at a future meeting.



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The Verdict: South Carolina was built for this moment

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The Verdict: South Carolina was built for this moment


South Carolina football superfan Chris Paschal writes a weekly column during the season for GamecockCentral called “The Verdict.” Chris is a lawyer at Goings Law Firm in Columbia.

It will have been 44,592 days since Clemson students marched onto our campus with guns drawn when the Gamecocks take the field this Saturday in Death Valley.  Back in 1902, Clemson students were mad because of a cartoon that depicted a Gamecock whipping a Tiger.

They marched on our campus, ready to cause bodily harm, over a cartoon. For 44,592 days, Clemson students, fans, coaches, players, and administrators have done everything but declare war on South Carolina to ensure they remain the superior football program in the state. 

In 1902 there was more than just the cartoon. In 1902, Carolina beat Clemson.

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The Atlanta Journal-Constitution put it best following the game: the Clemson Tiger “was so successfully tamed this morning by Carolina. Its tail was twisted and twisted by the sturdy ‘pig skin pushers’ of Carolina, and after two hours and more of hard battle it gave up further fight, for time was called and it became as tame as the proverbial lamb.”

Carolina upset Clemson who at the time was led by John Heisman and was considered one of the great southern football powers. I think that too probably had a little something to do with the hostilities and hurt feelings coming from the Clemson students. 

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For the 121st time this Saturday, it will be Carolina and Clemson playing a football game against each other. And while we are past the days of armed invasions, you can’t help but think this Saturday’s showdown may be the most consequential in the series’ history.

There have certainly been big matchups in years past. I am not discounting 1987. I am not overlooking 1979. I understand 2011-2013 featured some great teams. But this coming Saturday, both Clemson and Carolina will still be alive and in contention to bring home a national title.

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The chances for both are not significant, but they are legitimate. For the first time in the entirety of the rivalry’s history, both Carolina and Clemson fans can hope that with a win over their hated rival they are one step closer to a playoff berth, which means one more step closer in the quest for a national championship. 

Hopefully, the players donning the garnet and black won’t think similar thoughts as they run out onto the field for what should be a cold but sunny day. This game to the players needs to be about one thing: beating a team they are better than.

In continuing the list of firsts, for the first time in roughly a decade, South Carolina will have what I consider to be the better football team when they kick the ball off against Clemson. I think we have a better defense, I think we have a better offensive line, I think we have skill position players that are just as good as Clemson’s (if not better), and I think we have the better quarterback.

But that is what I think. I am an attorney. I am a fan.  Clemson players won’t just roll over because I declared we have the better team. In fact, I expect this Dabo Swinney-led Clemson football team to fight like hell in an effort to keep their thumb still firmly on top of us. 

Like Clemson fans, I think Clemson football players and coaches also think it is their birthright to beat the Gamecocks. And why shouldn’t they?

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Clemson has won eight out of the last nine against Carolina. They have danced on our sidelines in the fourth quarter to Sandstorm, they have talked about how they think they will dominate us; they have talked about how we aren’t the real USC nor are we the real Carolina.

Underneath this façade of respect and admiration for this year’s Carolina team, Clemson fans (and I assume players) quietly assume 2024 will be just like most other recent years. They assume the moment will be too big, they assume the ghosts of years past will be too much, and they assume that by about 3:30 in the afternoon, Carolina will have once again not been physically or mentally strong enough to defeat Clemson. 

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But I also think these assumptions, which often manifest themself in a holier-than-thou arrogance, stem from a small shred of doubt and fear that has crept into their minds. Carolina fans had no idea Clemson was passing the Gamecocks as a football program until it was too late. From 2009-2013, Carolina won five straight over Clemson. They assumed Clemson and their bumpkin coach were finally second fiddle to the Gamecocks. They ignored Clemson’s recruiting successes, they explained away Clemson’s double-digit win seasons as illegitimate due to being in the ACC, and they watched Clemson build a juggernaut that had passed Carolina in a very real and lasting way by 2014. 

All it took was one whipping in 2014 for Carolina fans to realize that Clemson was now on a path that would destroy Gamecock hopes and dreams for many years to come. That feeling of “oh, crap” that Carolina fans felt in the few weeks leading up to the 2014 Clemson games, I wonder if Clemson fans are feeling that very same thing leading up to this Saturday’s game.

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Maybe the thought of Carolina passing Clemson as a program hasn’t even crossed their minds. Maybe it is absurd that I would mention that in this column. Maybe by the final snap on Saturday, Clemson will have soundly defeated Carolina and made me and so many hopeful Gamecock fans look foolish. 

Or maybe Harbor, Kennard, Stewart, Hemingway, Sanders, Knight, Emmanwori, Sellers, and so many other Gamecock stalwarts are capable of handling business and showing we do have the better team.

A win this weekend could be program defining. It at the very least could be season defining.

Is Shane Beamer and this Gamecock program always a bridesmaid but never the bride?  Or is this team going to let this state and this nation understand that this is a new type of Gamecock football program?

We won’t know until Saturday, but I will be in Clemson cheering Carolina on, with the hope – the belief – that we will see that latter. Let’s tame the tiger once again into the proverbial lamb.

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Forever to thee. 



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Warde Manuel discusses how Clemson-South Carolina winner could see College Football Playoff resume boosted

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Warde Manuel discusses how Clemson-South Carolina winner could see College Football Playoff resume boosted


Ranked No. 12, Clemson is just on the outside looking in at the College Football Playoff. But the Tigers could help their case on Saturday.

Hosting in-state rival and No. 15 ranked South Carolina, Clemson could notch a very meaningful win. And on top of being the best win the Tigers would have notched all season, it would be a strong final argument to make for the selection committee — assuming Clemson doesn’t back into the ACC title game.

While he didn’t comment on specifics of a hypothetical, CFP selection committee chair Warde Manuel acknowledged a win would surely help Clemson’s case to snag an at-large bid, when asked directly about the Tigers.

“I’ll continue to say we don’t look forward and we don’t project, but winning always helps. I will say that,” Manuel said. “When teams win, we value what they do. I don’t know what that would mean towards where they will be in projecting, but there is value in winning games.”

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And it’s a boost that could cut both ways. As much as a win could help Clemson, it could be equally valuable to South Carolina as the Gamecocks try to get in position for an improbable at-large bid, one that would require some chaos ahead in the rankings.

Manuel also explained why Clemson slotted at No. 12 ahead of a cadre of SEC teams.

With Clemson slotted in at No. 12 in the latest College Football Playoff rankings, ahead of the likes of Alabama and Ole Miss, the decision of skeptics, despite the Tigers having a slightly better win-loss record.

Both the Crimson Tide and Rebels are 8-3, but have arguably better resumes than Clemson, which lacks many big wins. Nevertheless, the selection committee found the Tigers resume to be just enough to put them ahead, according to Manuel.

“Well, Clemson slid up with some losses ahead of them by Alabama and Mississippi, and they had a win against Citadel, obviously, but that wasn’t the big reason,” Manuel said. “Obviously they’re at 9-2, with only two losses. The teams right behind them have three losses. We just felt as a committee as we looked at their body of work, with three straight wins after their loss to Louisville, including back-to-back wins against Virginia Tech and Pitt, that they deserved to move up into that 12th position.”

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Manuel also discussed how the committee came to the decision to delineate Alabama and Ole Miss as the No. 13 and No. 14 teams, respectively.

Three SEC teams – Alabama, Ole Miss and South Carolina – have three losses, and all eyes were on where they’d come in during the fourth rankings reveal.

Ultimately, Alabama came in as the highest-ranked of the group at No. 13, followed by Ole Miss at No. 14 and South Carolina at No. 15. According to Manuel, that decision was largely due to head-to-head matchups.

Manuel said the Crimson Tide’s resume – which includes wins over GeorgiaMissouri and LSU – was a separator in the committee’s decision. But since Alabama and Ole Miss both have wins over South Carolina, that led them to come in at 13, 14 and 15, respectively.



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Shane Beamer updates injuries going into Clemson game

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Shane Beamer updates injuries going into Clemson game


For the first time really all year, South Carolina football is facing some injury questions. Wide reciever Jared Brown, tight ends Joshua Simon and Michael Smith all missed the Wofford game last week, forcing the Gamecocks to change up their approach offensively and play with one or no tight ends all day.

On Tuesday afternoon at his weekly press conference, Shane Beamer updated the injury sitution going into Saturday’s game at Clemson.

Regarding Brown, Beamer said “he’ll be fine” and confirmed the Coastal Carolina transfer will play in his first rivalry game this weekend. Wide reciever Vandrevius Jacobs on the other hand is out this weekend with a hamstring injury he suffered against Wofford.

Beamer did not have a further update on either of the tight ends, simply saying “we’ll see” with regards to Simon and Smith.

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