Lawmakers vote to revamp judicial selection in South Carolina

COLUMBIA, S.C. (WRDW/WAGT) – South Carolina is one of just two states where lawmakers elect judges – and some critics have said that could give lawyers who are also lawmakers an unfair advantage in the courtroom.

Now a bill to revamp that process will soon be on the governor’s desk.

But it’s by no means the overhaul some wanted to see.

The bill was approved in the final minutes of what could likely be the General Assembly’s last day in session until after the November election.

It follows months of disagreements about how much reform is needed – if any at all.

“Some have argued that it isn’t broken, and some have argued that it needs to be thrown out,” said Sen. Luke Rankin, R-Horry, Senate Judiciary Committee chair.

The bill would expand the membership of the committee that screens judicial candidates. It now has 10 members, and two more would be added.

Four of them would be appointed by the governor, who currently has no role in the judicial selection process.

It would impose term limits on members for the first time, while still allowing lawyers who are also legislators to serve on the committee – a ban some critics wanted to see.

The proposal would prohibit most current members of the judicial screening panel from serving on the revamped version.

“We want to have fresh ideas and different people in there, vetting these judicial candidates,” said Senate Majority Leader Shane Massey, R-Edgefield.

Under the current system, the screening panel can advance the name of up to three finalists for each seat to the full legislature for its consideration.

This bill would raise that cap to six finalists – while giving lawmakers more time to review them before they hold elections and before candidates can try to earn their votes.

To reach this compromise, some ideas were dropped – including a House of Representatives proposal to screen magistrate candidates – a selection that senators entirely control.

“Our Senate colleagues were not interested in magistrate reform. … We did not want to miss the opportunity to have meaningful reform in the way we elect and select judges in the state over that issue,” said Rep. Weston Newton, R-Beaufort, House Judiciary Committee chairman.

Massey said: “I think that is something that is likely going to be talked about into the future, especially if we continue to have problems in that area, there’s going to be more conversation.”

Gov. Henry McMaster has previously said he wants to sign a judicial reform bill into law, but that it would depend on the details.

His spokesman says the governor will review and make a decision on this bill when it reaches his desk.

Some advocacy groups that have also been calling for judicial reform in South Carolina laud the passage of this bill – and say it’s a good start, but shouldn’t be the end of this work.

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