Black caucus wants to change judicial selection process

COLUMBIA, S.C. - The state's process of electing judges needs to be changed to get more black judges on the bench, some lawmakers say.

The South Carolina Legislative Black Caucus will introduce a bill Tuesday to revamp the Judicial Merit Selection Commission.

About 6 percent of judges elected by the General Assembly are black. Yet blacks make up about 30 percent of the state's population.

"The current judicial system of this state leaves much to be desired in terms of diversity," said Rep. Jerry Govan, D-Orangeburg and chairman of the black caucus.

The numbers are disproportionate partly because of the way judges are selected, Govan said.

The 10-member Judicial Merit Selection Commission - whose members are appointed by the Speaker of the House, the chairman of the Senate Judiciary Committee and the Senate President Pro Tem - considers candidates' qualifications and submits up to three nominees to the General Assembly for election.

The black caucus wants to eliminate the three-person cap for nominees, saying it limits good candidates.

"You can be well-qualified, but not have the opportunity to be considered," Govan said.

The proposed legislation also would change the makeup of the commission to encourage more diversity, Govan said.

Under the bill, 10 commission members would be increased to 11. The governor would appoint five members - two from the state at large, one from a list of recommended candidates supplied by the Legislative Black Caucus, one from a list from the South Carolina Bar and one from a list from the South Carolina Black Lawyers Association.

The remaining commission members would be appointed by the Speaker, the Senate President Pro Tem, the House and Senate Majority leaders and the House and Senate Minority leaders, Govan said.

It's a slippery slope to allow different interest groups to appoint commission members, said Senate President Pro Tem Glenn McConnell, who also serves on the commission.

"I don't think we'll get a good result out of it," said McConnell, R-Charleston. And while he said he's sensitive to the need for diversity, "it's more important that judges be qualified and fair than a certain color."

Commission Chairman Rep. Greg Delleney, R-Chester, said the number of black judges is not disproportionate considering the pool of black attorneys in the state. The black lawyers make up about 6 percent of South Carolina's lawyers. That's about the same percentage of black judges, he said.

Black lawmakers maintain the numbers don't add up.

"South Carolina has failed to be fair and equitable in allowing African-Americans on the bench," said Rep. Joe Neal, D-Hopkins and former black caucus chairman.

While the bill is a good interim step, Neal said it doesn't necessarily solve the problem of lack of diversity in the courts.

The fact that the General Assembly is one of the few states in the nation that elects judges is "very much the problem," Neal said. Other states allow for public election of judges or merit selection, or some combination of the two.

Delleney said he agrees with the idea of eliminating the cap on candidates, but said there is no support in the General Assembly to change the makeup of the commission.

South Carolina Bar Association President Ken Anthony said Monday he had not seen the bill, but supports any efforts to increase diversity on the bench.