More diversity on the bench

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And what black legislators have been saying — along with at least a few female lawyers and legislators — is that white men have an easier time making it into a black robe in this state. This issue has been simmering for years, and it got quite a bit of attention last year when civil rights leader and South Carolina native Jesse Jackson threatened to sue this state over the outrageous lack of diversity on the bench. Jackson's proposed solution was the popular election of judges, but that would only give our state, in the words of state Supreme Court Chief Justice Jean Toal, "the worst system you could possibly have."

In her annual State of the Judiciary speech last year, Toal told lawmakers they need to figure out a way to get more minorities on the bench. A year has come and gone, and lawmakers are no closer to a solution.

The legislative study released just as lawmakers were heading home for the summer showed the Legislature is more inclined to choose men over women and white candidates over black candidates. The study covered the 30-year period since this state has had a legislative screening process, and looked at 728 judicial races involving 1,236 candidates. The State found that in the past eight years in races that didn't feature an incumbent, 27 percent of white candidates were elected, 20 percent of women were elected and 11 percent of the black candidates were elected.

The results confirmed, Toal told The State, "the position I've taken ever since I became chief that our bench does not adequately reflect the diversity that is South Carolina." In our state, women are 51 percent of the population and blacks are 30 percent.

As Toal pointed out last year, the number of minorities on the bench does mirror the number of minorities who pass the state's bar exam.

There's obviously no easy solution to creating a more diverse judiciary in South Carolina. The state needs to find ways to encourage more minorities to go to law school. Then minorities and women must be motivated by a remarkable commitment to public service and a willingness to bypass the bigger paychecks that come with a successful private practice. Finally, like it or not, they must run for a judgeship and engage in politicking for the job.

Most importantly, state lawmakers must be willing to fairly evaluate minority and female judicial candidates and show a commitment to increasing diversity on the bench. So far, they have failed in this area.