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Lawmakers set eyes on reforming judicial selection

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Amid a swirl of criticism about the way judges are nominated in South Carolina and growing controversy over the screening process, state officials say they might act to change the system.

Legislators said they hope the General Assembly will act this year on bills working their way through the House of Representatives and Senate that aim to raise the cap on the number of candidates the Judicial Merit Selection Commission can nominate. Such action would create a larger pool of candidates for the legislature to choose from, a move that could eliminate favoritism in the screening process.

The bills are being discussed during a period of criticism about how the commission nominates judges, especially in the 14th Circuit, which includes Beaufort, Jasper, Colleton, Hampton and Allendale counties. Some legislators say the commission's requirement to screen and pass on no more than three candidates is arbitrary and unfair.

A lawsuit filed last week by a Hilton Head Island lawyer and a state public-interest group also claims the commission was negligent in vetting candidate Carmen Tevis Mullen, whom the General Assembly elected last week to the 14th Circuit.

The suit accuses the commission of ignoring or not investigating questions about Mullen's residency in the circuit, a requirement for a judgeship. Mullen has called the case groundless.

"I think this is going to have an effect on how the screening committee is run," Rep. Thayer Rivers, D-Ridgeland, said of the lawsuit and the criticism. "I think this will be an impetus to let this pass."

Supporters of the proposed legislation argue that limiting the commission to three judicial nominees for each seat is too restrictive, particularly when more than three qualified candidates are seeking the position.

It also increases the possibility of political ties and friendships coming into play instead of merit, supporters argue. For instance, in the 14th Circuit, the commission found all five candidates qualified but could nominate only three.

"I think it's a bill of fairness," said Rep. Leon Howard, D-Columbia, who introduced the House bill to eliminate the cap about two years ago. "This judicial system we've got is a mess. I want to create a vehicle to at least start a dialogue."

But the bills originally were introduced to help open the

process to more black candidates, not to reform the system, legislators said.

The Senate bill introduced two months ago by Sen. Robert Ford, D-Charleston, would raise the cap on nominees from three to five. "The Black Caucus felt if (the cap would) go to five, it would give minorities a better chance of being voted upon," Ford said.

The commission was created in 1997 to help determine which candidates are qualified. Before then, all candidates went before the whole General Assembly, said Jane Shuler, chief counsel for the commission.

Rep. Bill Herbkersman, R-Bluffton, said he supports raising the cap, as long as the commission continues to make sure candidates are qualified.

"I think the prudent thing is to always do a thorough investigation," he said. "That protects the candidate as well as the folks who are voting for him or her."

The House bill has been sitting in the Senate Committee on the Judiciary since March. The Senate bill was heard by a judiciary subcommittee Tuesday and will go on to the full committee.

Ford said he thinks the bill will get a full Senate vote before the legislative session ends in June.

Contact Tim Donnelly at 706-8145 or . To comment on this story, please go to islandpacket.com.