Judicial ‘reforms’
will usher in new era of cronyism
THROUGHOUT MOST of South Carolina’s history, the recipe for
becoming a judge has been simple: Get yourself elected to the
Legislature, and then cajole, intimidate or cut deals to get your
colleagues to elect you to the bench. Cut more deals to stay
there.
The shortcomings of such a system were brought into stark relief
on a spring day in 1995, when legislators used a complex series of
vote trades to elect the least qualified candidates to the Supreme
Court and the Court of Appeals while re-electing a Circuit judge and
elevating a House member to the bench after the Legislature’s
screening committee said they didn’t understand the law and the S.C.
Bar declared them unfit.
Just to make sure no one missed the point, legislators followed
up two months later by re-electing a family court judge who tried to
intimidate a witness into not testifying against his re-election;
then they elevated a House member to the Court of Appeals even
though the Bar had questioned his qualifications and he was running
against one of the best Circuit judges in the state.
Within a year, legislative embarrassment and public outrage
coalesced to force through sweeping reforms to the state’s judicial
selection system. Henceforward, legislators would have to resign
their positions at least a year before they could run for a
judgeship. A powerful new screening committee would be able not only
to disqualify candidates it deemed incompetent (which wasn’t allowed
before) but also to vet those who met minimal qualifications,
allowing only the three strongest candidates for each position to
run. And legislators and candidates who tried to swap votes and cut
deals could face prison time. The result has been a noticeable
improvement in the caliber of candidates for and winners in open
judicial seats.
But reform rarely goes over well; the system always pushes
back.
And last week, the system pushed back with vigor. The House
Judiciary Committee voted overwhelmingly to ditch two of those vital
reforms, opening wide the door to all candidates who meet minimal
qualifications, and letting former legislators run for judgeships
the day they resign. Only the reform that is nearly impossible to
enforce — the ban on vote-trading — would remain.
Proponents say their intention is to increase the appallingly low
number of African-American judges. And some people are sincere in
their intention and their belief that this will happen. But make no
mistake: That is not the reason this legislation is gaining
traction.
This legislation is gaining traction because many legislators
yearn for the bad old days, when they could hand-pick their cronies
to sit on the bench. And that is precisely what these changes will
accomplish.
Oh, it’s possible that a couple of additional black judges will
be elected; indeed, if lawmakers are smart (or if they care about
what voters think about their integrity), they will likely make a
point of quickly putting one or two more black legislators on the
bench, to maintain the facade that this change was about reform.
It is a moral outrage that only 7 percent of our judges are
African-American. We need to demand that legislators of both races
and both parties work to recruit more and better black candidates,
and then vote for them. We do not need to repeal vital reform
measures. We do not need to return to the days when having the right
political connections was the paramount prerequisite for becoming a
judge. |