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State high court to hear case of judicial panel

Lawsuit could impact how judges are nominated in South Carolina

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The lawsuit against the state panel that nominates judges is moving to the S.C. Supreme Court with unusual speed, a sign that the high court has a particular interest in the case and wants to see it handled quickly, lawyers said.

The court notified lawyers from both sides Monday that it would be setting an expedited hearing schedule, meaning briefs from both sides could be filed by late May with a trial before the court shortly afterward.

Lawyers said the court was pushing the case forward because it could have a direct impact on Carmen Tevis Mullen, whom the General Assembly elected in February for a seat on the 14th Judicial Circuit and who is at the center of the lawsuit. Mullen is scheduled to take over the seat after Judge Jackson V. Gregory retires July 10 from the circuit, which includes Beaufort County.

"I've never seen anything move this fast," said lawyer James Carpenter. Carpenter is representing the South Carolina Public Interest Foundation and Hilton Head Island attorney Jim Herring, who filed the suit against the commission in February. "They wanted this thing at the Supreme Court and they got it there very quickly. ... They're trying to get something done before" the swearing in.

In the order dated April 21 that both sides said they received Monday, the court states it wants to move the case forward rapidly because "the Court feels that this is a matter of utmost importance and in which time is of the essence," and that after reviewing the briefs, the court will consider if oral arguments for the case are necessary.

The suit was shuffled to the Supreme Court last week after Circuit Court Judge Ernest Kinard dismissed the suit April 14, but only because he said it was an issue that should be handled by the high court because it involves a review of action by another branch of government.

The suit could hit at the very core of how judges are nominated in South Carolina. It alleges that the Merit Selection Commission neglected to do a thorough job of screening Mullen. The suit says the commission ignored concerns about her residency and where her practice was focused, despite those concerns being raised by a citizens committee that also reviews candidates. Judge candidates are required to live in the circuit in which they are seeking a judgeship.

Tax records and other documents The Island Packet reviewed earlier this year also appear to be at odds with Mullen's testimony about how long she has lived and practiced law on Hilton Head. The records seem to suggest Mullen made her home and primary office in Charleston during the same period she testified to the commission that she was on Hilton Head.

Mullen is not named as a defendant in the suit, but Kinard said during the hearing April 14 that the court could put a hold on her taking over the judge seat until the suit is resolved.

Mullen and her husband, attorney George Mullen, said the suit reflects sour politics and that her testimony before the commission was 100 percent truthful.

Lawyers from both sides began getting pressure from the Supreme Court clerk's office last week to file paperwork quicker than usual to help speed the case along, Carpenter said.

"To a certain extent, they want to try to have as much resolution as possible ... before Ms. Mullen is set to be sworn in," said Michael Hitchcock, the lawyer representing the Merit Selection Commission.

Meanwhile, Judge Gregory said in an interview earlier this month that he still plans to retire in July, unless he is asked to stay on board until the suit is resolved. But he said that if a hold was put on Mullen's taking over the seat, it was more likely judges from other parts of the state would serve in the interim to help the circuit's caseload.

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