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Article published Feb 3, 2005
South Carolina isn't making strides toward a more diverse judicial
system
The General Assembly elected judges this week, and once
again it passed over black candidates to elect white judges.The Legislative
Black Caucus was so incensed that its members walked out in protest. They
certainly have a point.The state's lawmakers elect 140 judges. Of those judges,
only seven are African-American. But almost a third of the state's citizens are
black.Lawmakers make excuses for the disparity. They claim that they always
support the most qualified candidate. They say the proportion of black lawyers
is not as high as that of African Americans in the general population.But the
fact remains that lawmakers arepassing over black candidates who have beenjudged
to be qualified in order to elect white can-didates.This is not a matter of an
affirmative action quota system or a politically correct desire for diversity.
Citizens' most crucial dealings with government come within the court system. It
is there where they can go to seek justice or have justice handed down on them.
The courts can take citizens' children away. They can send people to prison.It
is important that a third of our state's population sees that it is represented
on the bench, making these decisions. If we want everyone to have confidence in
our judicial system, it is important that everyone sees that he or she is
represented among the state's judges.The Legislative Black Caucus raised
attention to this issue last year when another batch of white judges was
elected. African-American lawmakers have asked for various changes in the
judicial selection process.But procedural changes are not likely to make a
substantial difference in getting African Americans elected to the
bench.Lawmakers tend to choose their cronies for these posts. They campaign and
trade votes to ensure that their hometown favorite will win. That's why former
lawmakers have always had an advantage in seeking judicial posts.The state will
not see more black judges untilstate lawmakers care enough to give some of these
patronage positions to black candidates. TheLegislative Black Caucus should keep
applyingpressure.