RODNEY PEEPLES is a man of distinction. He has been on the bench
longer than any other judge in South Carolina. He has served longer
on the state Circuit Court than all but one judge since at least the
Civil War. And but for a spellbinding and transformational episode
of political intrigue a decade and a half ago, he would likely be
South Carolina's chief justice today.
Therein lies the flip side of his distinction: Judge Peeples has
managed to keep his seat despite deep concerns about his ethics and
demeanor that consistently ranked him at the bottom of the S.C.
Bar's analyses of judges -- and despite the distinction of being the
only sitting Circuit Court judge in the state ever to be publicly
reprimanded by the state Supreme Court.
While the distinctions might well stand, Judge Peeples' 30-year
tenure on the bench is coming to an end. The Judicial Merit
Selection Commission announced earlier this month that it is seeking
candidates for the seat occupied since 1974 by Judge Peeples, who is
not seeking re-election when his term expires June 30.
The story of Judge Peeples' rise to and fall from near-greatness
is in many ways the story of our state's struggle to turn our
judicial selection system into one based on what you know instead of
whom you know. It is useful to recall that story, to show how far we
have come -- and how far we have to go.
Judge Peeples, a Barnwell County jurist with powerful political
connections, was widely considered heir apparent of South Carolina's
legal kingmaker, Chief Justice Bubba Ness. He had worked the General
Assembly for more than a decade, and had collected all the necessary
commitments from legislators to win an open seat on the high court
when his mentor retired. He was what seemed a mere technicality away
from taking that seat in 1987. Had he won, he would in almost all
certainty now be chief justice instead of Jean Toal.
But the technicality was an important one: The legislators who
had promised to elect him had to actually cast their votes, and they
had to do so in public. And that became politically impossible after
an Orangeburg attorney raised explosive allegations about Judge
Peeples' ethical fitness. The attorney told the Legislature's
judicial screening committee that Judge Peeples had lied under oath
and abused his position as a judge in order to enrich his daughters,
who were named as beneficiaries in a will over which he had been
named executor.
The screening committee deadlocked, 4-4, on whether this
disqualified Judge Peeples from sitting on the Supreme Court. Still,
it looked for a time as if the Legislature would elect him anyway.
But then the screening committee took the audacious step of asking
the Supreme Court whether an ethics investigation had been launched
against Judge Peeples; the next day, he withdrew from the race,
paving the way for Justice Toal's election.
A year later, the Supreme Court issued a public reprimand, saying
Judge Peeples had prepared a will naming his daughters beneficiaries
without making a full disclosure of the potential conflicts of
interest; lent the prestige of his judicial office to advance the
interests of another person, by trying to collect money for a former
client; and engaged in the practice of law. (The court found
insufficient evidence to reprimand him on charges of lying under
oath.)
The saga marked a crucial turning point in South Carolina, and
not just because it led to the election of one of our most brilliant
chief justices. This was the beginning of a long journey toward the
Legislature considering something other than political connections
in the selection of the people who hold the very power of life and
death. The first step was a prohibition on judicial candidates
locking up commitments for votes before they pass screening. It
sparked the campaign that eventually put a backbone into the
screening committee and teeth into the screening process. Today, the
Legislature may not elect a judge who fails screening, and the
quality of candidates has improved noticeably.
Despite those improvements, though, this is not a complete
success story. Judge Peeples' political connections remained so
strong that no one was willing to even run against him when his term
expired in 1992. No one ran against him when that term expired in
1998. And despite the tough new screening process that had just been
implemented, he breezed through screening and was, indeed,
re-elected in 1998.
The state's mandatory retirement law for judges would have
allowed Judge Peeples to serve another nine years. But while I'd
like to think the same thing happened to him as happened to our
state's other unfit Circuit judge, who retired when it became clear
that he would not be able to pass the new screening process, there
is no reason to believe that is the case. The only obstacle Judge
Peeples faced was the prospect of actually having an opponent this
time around.
And this points to a continuing shortcoming of the screening as
well as the election process: Whether a judge has any hope of being
re-elected shouldn't depend simply on whether anyone runs against
him; it should depend first and foremost on whether he deserves to
stay on the bench. Judge Peeples' 1988 reprimand should have doomed
his chance of being re-elected in 1992, and certainly in the
reformed world of 1998. It should have doomed his chance of being
re-elected in 2004. That there's no indication it did shows we still
have work to do.