Posted on Wed, Dec. 06, 2006

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3 nominated for seat on appeals court

State Legislature tentatively sets election for Feb. 7 for job, openings on other courts

By RICK BRUNDRETT

rbrundrett@thestate.com

Two Upstate judges and a Lowcountry jurist were nominated Tuesday in an election to fill a state Court of Appeals seat held by a retiring Columbia judge.

The S.C. Judicial Merit Selection Commission also nominated four candidates for two family court seats based in Richland and Lexington counties.

The state Legislature in an election tentatively set for Feb. 7 will fill 43 judicial seats, including an unopposed Court of Appeals seat, four circuit, five master-in-equity and 25 family court seats.

Black lawmakers and women lawyers have decried the lack of diversity in the state’s courts.

A black man was nominated for the contested Court of Appeals seat and a black woman was nominated for a local family court seat.

One woman was nominated for the contested Court of Appeals seat and two women were nominated for the local family court seats.

Screening commission chairman Rep. Greg Delleney, R-Chester, said Tuesday race and gender are factors in the commission’s nominations, though not the overriding factors.

“We consider who is qualified to sit on the bench, and we use nine evaluative criteria,” said Delleney, an attorney, during a break in the screening hearings.

Nominated for the contested Court of Appeals seat were York-based circuit Judge John Hayes, Greenville-based family court Judge Robert Jenkins and circuit Judge Paula Thomas of Pawleys Island, according to Jane Shuler, the screening commission’s chief lawyer. Jenkins is black.

Four other candidates were not nominated. They included family court Judge Timothy Brown of Greenville; Lee Coggiola of Columbia, chief staff attorney for the Court of Appeals; Rene Josey of Florence, a former U.S. attorney for South Carolina; and family court Judge Aphrodite Konduros of Greenville.

Under state law, the screening commission can nominate no more than three candidates for each seat. If there are three or fewer candidates and if they are all found to be qualified, they must be nominated.

The winner of the Court of Appeals election will replace Bert Goolsby of Columbia, who is retiring.

Incumbent Columbia-based family court Judge Leslie Riddle and challenger Lillie Hart, a Columbia lawyer, were nominated Tuesday. Hart is black.

In another race for a Lexington-based family court seat, Deborah Neese of Ridge Spring and Robert Newton of Lexington were nominated. The winner of that race will replace David Sawyer, who is retiring. A third candidate, Michael Medlock of Edgefield, was not nominated.

The 170-member General Assembly fills seats for the Supreme Court, Court of Appeals, Administrative Law Court, circuit, master-in-equity and family courts.

Lawmakers in an election tentatively set for late May will name a replacement for retiring Supreme Court Justice E.C. Burnett of Spartanburg. A Court of Appeals seat held by Sam Stilwell of Greenville, who also is retiring, will be filled then.

Reach Brundrett at (803) 771-8484.