S.C. Senate backs big changes in selection of judges
COLUMBIA, S.C. (WRDW/WAGT) - A proposal to change how South Carolina’s judges are picked has earned key approval in the state Senate.
But questions still linger about whether these proposed changes will be enough to please critics in and outside of the State House, who have been calling for major reform for months.
Thursday’s unanimous approval in the Senate comes after days of debate in the chamber and more than 12 hours of closed-door meetings of a smaller group.
It makes a series of changes to the current process – instead of any sweeping reforms – but senators say they’re satisfied.
“A compromise that nobody loves but everybody can live with, and that’s basically what’s before us today,” said Sen. Wes Climer, R-York.
South Carolina is one of two states where the legislature elects judges – a process in which the governor has no role.
Under the current system, a 10-member screening narrows the field of candidates for each seat down to a maximum three finalists.
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The most significant change would expand that to a 12-member screening – with the House, Senate and governor each picking four term-limited .
“No longer, under this bill, would the legislature have the exclusive authority to hire and fire judges,” Climer said. “We are bringing the executive branch in.”
Several of the state’s solicitors have called for lawmakers who also work as lawyers to be prohibited from serving on the screening .
They argue decisions from the bench could be influenced – if judges believe a ruling against one of these lawyer-legislators in court – could later cost them their jobs.
The Senate bill would still allow lawyer-legislators to serve on the screening .
“There are certain questions that wouldn’t get asked otherwise, and constitutionally, there’s clearly a large legislative role in this process,” said Senate Majority Leader Shane Massey, R-Edgefield.
That screening committee would then forward up to six names to the full legislature as finalists for each seat – up from the three at which they’re currently capped – among several other changes to the existing process.
The bill’s approval comes after increased scrutiny of South Carolina’s judicial selection process – which some claim stems from actual impropriety – and others brush off as more of a perception problem.
Senators say this bill makes meaningful improvements – without totally dismantling a system that many defend as not perfect – but still better than other options.
“So that our public has confidence in not just who is selected but how they got there,” said Sen . Luke Rankin, R-Horry, Judiciary Committee chair.
After a final approval in the Senate next week – this bill will head to the House, which has its own judicial reform legislation currently in a committee.
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