S.C. LEGISLATURE Bill changing judge selection dies Measure was intended to increase blacks’ chances of
becoming judges By RICK
BRUNDRETT Staff
Writer
A bill supporters say would help increase the number of black
judges statewide died Thursday on the last day of the legislative
session.
The S.C. House refused to accept a Senate version that had passed
Wednesday. Rep. Greg Delleney, R-Chester, recommended before
Thursday’s voice vote that the House and Senate versions — which
differed significantly — be sent to a conference committee to work
out a compromise.
But a conference committee wasn’t appointed Thursday because of a
lack of time. That means the bill will have to go through the entire
legislative process next year if it is reintroduced.
Rep. Leon Howard, D-Richland, sponsor of the House bill, said
Thursday that although he preferred his bill over the Senate
version, he had hoped the House would accept the Senate’s
changes.
“I don’t believe the General Assembly is serious about diversity
on the bench,” said Howard, who is black. “The General Assembly took
this opportunity to sidestep a problem that’s not going to go
away.”
Howard’s bill would have eliminated the three-person cap on the
number of nominated candidates for Supreme Court, Court of Appeals,
administrative law, circuit and family court seats. The Senate
version would have raised the cap to six.
Black lawmakers contend the cap has prevented black candidates
from getting nominated and has discouraged others from running.
Candidates are nominated by the 10-member Judicial Merit Selection
Commission, made up mostly of state lawmakers. Judges are elected by
the Legislature.
A study earlier this year by The State newspaper found South
Carolina’s top courts are among the least diverse in the nation when
compared with the overall black state population. Ten percent of the
state’s circuit and appellate judges are black; the state’s black
population is about 30 percent.
Howard said he would ask House Speaker David Wilkins,
R-Greenville, and Senate President Pro Tem Glenn McConnell,
R-Charleston, to appoint a task force to draft a new bill over the
summer so it could be introduced next year.
Delleney, a lawyer who is the judicial screening committee
chairman, said after Thursday’s vote that he favors eliminating the
cap.
“That way, no one can say that we’re not reporting them out
because of their gender or race,” said Delleney, who is white.
A study published last month by The State found that since 1998,
the screening committee has failed to nominate two-thirds of black
candidates in contested races with more than three candidates. About
half of white candidates in those races were not nominated.
Delleney said he didn’t believe the Senate version of the bill
“went far enough.” He added, though, that he had not talked in depth
about the issue with McConnell, the screening committee vice
chairman who helped shape the Senate version.
Efforts to reach McConnell on Thursday were unsuccessful.
Another screening committee member, Rep. Fletcher Smith,
D-Greenville, said Thursday he would not support changing the House
version, which included a controversial amendment that would have
eliminated a one-year waiting period for legislators wanting to run
for judgeships.
Critics say the amendment would give lawmakers an unfair
advantage. But Smith, a black lawyer, disagreed, explaining that
lawmakers would have to go through the same nominating process as
other candidates.
Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com. |