Posted on Sat, Sep. 23, 2006

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3 justices nearing retirement

‘After a period of great stability, we will have some changes,’ Toal says

By RICK BRUNDRETT

rbrundrett@thestate.com

Three of five justices on the S.C. Supreme Court are expected to retire within the next three years, Chief Justice Jean Toal said Friday.

The openings will create opportunities for black and women candidates. Toal is the only woman on the high court, and there are no black justices.

“After a period of great stability, we will have some changes,” Toal said.

Justice E.C. Burnett, 65, of Spartanburg, on Thursday announced his retirement, effective Sept. 1, 2007.

The court’s two oldest justices, James Moore, 70, of Greenwood, and John Waller, 68, of Marion, face mandatory retirement when they turn 72. Toal said she expects Moore and Waller to announce their retirements in 2007 and 2008, respectively.

Toal, 63, and Justice Costa Pleicones, 62, both of Columbia, have “no intention of retiring” anytime soon, Toal said.

John Crangle, lawyer-director of the state chapter of the government watchdog group Common Cause, said Friday he expects regional considerations, political connections, race and gender will be main factors in the Supreme Court elections.

Judicial philosophy isn’t as important, he said, explaining the state high court, compared with the U.S. Supreme Court, hasn’t been interested in “social policy considerations.”

The expected vacancies come on top on two open seats next year on the S.C. Court of Appeals — the state’s second-highest court. Judges Bert Goolsby of Columbia and Sam Stilwell of Greenville face mandatory retirement when they turn 72.

The S.C. Supreme Court hasn’t seen any departures since 2000, when Chief Justice Ernest Finney Jr. retired at age 69.

Finney was only the second black justice since Reconstruction and the state’s first black chief justice. Toal, who joined the court in 1988, is the first female chief justice.

Black lawmakers and attorneys and women lawyers in recent years have decried the lack of diversity in state courts. While the state’s female and black populations are about 51 percent and 30 percent, respectively, the percentages of female and black judges are about 17 percent and 6 percent, court records show. About 27 percent of the state’s lawyers are women, and about 5 percent are black.

“We’re hopeful at least one woman will make it,” said Charleston attorney Alice Paylor, president of the S.C. Women Lawyers Association. “It’s one of those rare opportunities when we will have three openings in a relatively short time frame.”

State Rep. Leon Howard, D-Richland, incoming chairman of the Legislative Black Caucus, said his organization is “very much interested as always in having an African-American on the bench” and plans to discuss Burnett’s seat at a retreat next month.

“We will be seeking out a candidate who cuts the mustard,” Howard said. He added, though, he doesn’t think the caucus will accept being “told to wait for the next one (election)” for a black Supreme Court justice.

Toal said a “long list of people” already have expressed interest in Burnett’s seat, including several black and women candidates. She said Court of Appeals Chief Judge Kaye Hearn — that court’s first female chief judge — and two other Court of Appeals judges — Don Beatty, who is black, and John Kittredge — have told her they are interested.

Other possible candidates include:

• Court of Appeals Judge Bruce Williams

• Circuit Judge Michael Baxley

• Circuit Judge John Few

• Circuit Judge Diane Goodstein

• Circuit Judge Mark Hayes

• Circuit Judge James Johnson

• Circuit Judge Kenneth Goode

• Family Court Judge Gene Morehead.

Candidates for Burnett’s 10-year seat, which expires in July 31, 2010, will be screened in the spring, said Jane Shuler, chief lawyer for the state Judicial Merit Selection Commission. The General Assembly will fill the seat in an election tentatively set for the end of May, she said.

Burnett joined the Supreme Court in 1995 after serving as a probate, family and circuit court judge. He also is a former state representative.

“He’s probably had more experience with respect to the judicial spectrum than anyone else on the court,” Toal said. “His vast practical experience really shows in the way he writes (opinions).”

Toal said Burnett, who first privately informed her and the other justices at the end of August about his retirement, plans to spend “a lot of time with his grandchildren” and also is “very active in various church ministries.”

Efforts Friday to reach Burnett were unsuccessful.

Reach Brundrett at (803) 771-8484.