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Opinion


Judge quotas no answer for female or black bids

March 21, 2005

Efforts continue in the South Carolina Legislature to elect more black judges for state courts. Meanwhile, two black women are running for a circuit court seat.
It may be hard for either to be elected by their fellow lawmakers. They haven’t elected a black candidate in a contested race in two years. Still, these two women, and other black candidates, should get the same serious consideration as any candidate, regardless of gender or color.
One black lawmaker has introduced a bill that would remove a cap on the number of nominees for each judicial seat. It is now three, and advocates for more black judges believe that without the cap it would make it easier for black candidates to win more seats on the bench.

IN THE STATE SENATE, THOUGH, where a similar bill died last year, the chairman of the state judicial screening committee says he’d rather see the cap raised to five instead of being removed. What’s wrong with allowing any number of candidates to run for open seats? If that improves chances for more black candidates to sit on the courts, wouldn’t that make the playing field a little more level?
What does appear inappropriate, however, is the argument about numbers. It’s repeated often that while the state population is 30 percent black, only six percent of the judges are. Also, 51 percent of the people in the state are female but only 17 percent hold judicial seats.

THAT ARGUMENT SMACKS OF quotas, and quotas are nothing more than built-in fences that perpetuate segregation, no matter what is involved.
Remove the cap on judicial candidates. Let the few or the many run. Forget gender and race and concentrate on qualifications. Let that be the only consideration.
Regardless of what anyone might say, though, to do that will require supporters of the historic and continuing “good ol’ boy” system in state government to all of a sudden undergo an attitudinal adjustment and develop a degree of open-mindedness that is hard to come by ….. especially in politics. If anyone is going to talk about how fair they and the system are, though, they’ll have to change. For the better. Thus far, though, no one has shown any signs of improving in that regard.



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