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Article published Feb 11, 2005
Senators appoint 3 county magistrates
Robert W. Dalton
Staff
Writer
COLUMBIA -- Spartanburg County's senators, vowing to work
together in the future, announced the appointment of three new magistrates
Thursday afternoon.Republicans John Hawkins and Jim Ritchie and Democrat Glenn
Reese announced that Gov. Mark Sanford had appointed Brian Taylor, James Talley
and Tommy Wall to seats on the bench. Sen. Harvey Peeler, R-Gaffney, who
represents a small portion of Spartanburg County, did not attend the news
conference.Taylor, a county constable, fills the vacancy by Larry Hutchins'
suspension and subsequent retirement. Talley, the former Spartanburg mayor and a
retired educator, replaces current magistrate Sarah Simmons. Wall, a prosecutor
in the 7th Circuit Solicitor's Office, takes over Ed Overcash's spot.The
senators did not say why they removed Simmons and Overcash from office."Sen.
Ritchie, Sen. Peeler and myself are feeling the need for a fresh start for
magistrate court," Hawkins said. "This is the beginning of that process."Chief
Magistrate Johnny Cash said he didn't know why Overcash and Simmons were not
reappointed."That's a question for the senators. They were both good judges,"
Cash said.Overcash has been a magistrate since 1980. He arrived for court
Thursday but left shortly after learning that he was being let go and could not
be reached for comment.Simmons took office in 2001. She did not go to court
Thursday and was unavailable for comment.Magistrate appointments have been a
source of contention pitting Hawkins and Ritchie against Reese for nearly two
years.Nineteen of Spartanburg County's 20 magistrates have been on holdover
status since April 2003 because of the squabble. Hawkins and Ritchie fought for
more than a year to replace Hutchins, while Reese wanted to keep him.Last
January, three female employees were fired and rehired amid accusations about
Hutchins' conduct. A compromise that would have allowed Hutchins to remain on
holdover status while the other magistrates were reappointed fell through in
June 2003 because Reese wouldn't recommend the others without Hutchins.The state
Supreme Court suspended Hutchins in August and he agreed to retire by Dec. 31,
2004. He later said he had changed his mind, but retired after the high court
said it would hold him in contempt if he didn't.The ongoing battle contributed
to a rule change in the Senate in January.In the past, all of a county's
senators had to agree on a recommendation to send it to the governor. But the
rule change allows a super majority to make the recommendation.Ritchie said the
senators had met over the last several days to iron out their differences, and
that they would try to work together in the future to ensure a "cohesive,
well-operating magistrate court."But before they could hit the first symbolic
note of "Kumbaya," Reese expressed his displeasure with the process.Reese said
he didn't agree with removing Simmons, one of only two black judges. He said he
nominated Talley, who also is black, to fill Hutchins' spot because he wanted to
increase the diversity on the bench."I'm not happy about losing a minority
spot," Reese said. "We had one open spot, and I thought Talley would go there
since it was a judge that I appointed. We all need to keep in mind that a lot of
people in the jail are minorities."Reese also criticized Sanford for "shooting
the appointments back up here without me knowing about it." Reese did not sign
off on the nominations of Taylor and Wall.Ritchie said the other senators were
sensitive to the need for diversity, but that the court doesn't operate on a
quota system."We're looking for the most talented people to meet the needs of
magistrate court," Ritchie said. "Hopefully we'll have more talented
African-Americans apply in the future."Magistrate court is Spartanburg County's
largest court. All crimes that have a penalty of one year or less are tried
there -- from speeding to first- and second-offense criminal domestic
violence.Talley and Donnie Blackley are the only black judges, while Nancy
Atkins and Vickie Rae Smith are the only females.With 17 magistrates still in
holdover status, Hawkins hinted that more changes could be on the way."I think
we need to continue with the ongoing process of improving magistrate court," he
said. "I want to make sure the magistrates know that these are not lifetime
appointments. They need to be competent, courteous to the public and never let
the robe go to their heads."Staff writer Alexander Morrison contributed to this
report.Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.By
ROBERT W. DALTONStaff WriterCOLUMBIA -- Spartanburg County's senators, vowing to
work together in the future, announced the appointment of three new magistrates
Thursday afternoon.Republicans John Hawkins and Jim Ritchie and Democrat Glenn
Reese announced that Gov. Mark Sanford had appointed Brian Taylor, James Talley
and Tommy Wall to seats on the bench. Sen. Harvey Peeler, R-Gaffney, who
represents a small portion of Spartanburg County, did not attend the news
conference.Taylor, a county constable, fills the vacancy by Larry Hutchins'
suspension and subsequent retirement. Talley, the former Spartanburg mayor and a
retired educator, replaces current magistrate Sarah Simmons. Wall, a prosecutor
in the 7th Circuit Solicitor's Office, takes over Ed Overcash's spot.The
senators did not say why they removed Simmons and Overcash from office."Sen.
Ritchie, Sen. Peeler and myself are feeling the need for a fresh start for
magistrate court," Hawkins said. "This is the beginning of that process."Chief
Magistrate Johnny Cash said he didn't know why Overcash and Simmons were not
reappointed."That's a question for the senators. They were both good judges,"
Cash said.Overcash has been a magistrate since 1980. He arrived for court
Thursday but left shortly after learning that he was being let go and could not
be reached for comment.Simmons took office in 2001. She did not go to court
Thursday and was unavailable for comment.Magistrate appointments have been a
source of contention pitting Hawkins and Ritchie against Reese for nearly two
years.Nineteen of Spartanburg County's 20 magistrates have been on holdover
status since April 2003 because of the squabble. Hawkins and Ritchie fought for
more than a year to replace Hutchins, while Reese wanted to keep him.Last
January, three female employees were fired and rehired amid accusations about
Hutchins' conduct. A compromise that would have allowed Hutchins to remain on
holdover status while the other magistrates were reappointed fell through in
June 2003 because Reese wouldn't recommend the others without Hutchins.The state
Supreme Court suspended Hutchins in August and he agreed to retire by Dec. 31,
2004. He later said he had changed his mind, but retired after the high court
said it would hold him in contempt if he didn't.The ongoing battle contributed
to a rule change in the Senate in January.In the past, all of a county's
senators had to agree on a recommendation to send it to the governor. But the
rule change allows a super majority to make the recommendation.Ritchie said the
senators had met over the last several days to iron out their differences, and
that they would try to work together in the future to ensure a "cohesive,
well-operating magistrate court."But before they could hit the first symbolic
note of "Kumbaya," Reese expressed his displeasure with the process.Reese said
he didn't agree with removing Simmons, one of only two black judges. He said he
nominated Talley, who also is black, to fill Hutchins' spot because he wanted to
increase the diversity on the bench."I'm not happy about losing a minority
spot," Reese said. "We had one open spot, and I thought Talley would go there
since it was a judge that I appointed. We all need to keep in mind that a lot of
people in the jail are minorities."Reese also criticized Sanford for "shooting
the appointments back up here without me knowing about it." Reese did not sign
off on the nominations of Taylor and Wall.Ritchie said the other senators were
sensitive to the need for diversity, but that the court doesn't operate on a
quota system."We're looking for the most talented people to meet the needs of
magistrate court," Ritchie said. "Hopefully we'll have more talented
African-Americans apply in the future."Magistrate court is Spartanburg County's
largest court. All crimes that have a penalty of one year or less are tried
there -- from speeding to first- and second-offense criminal domestic
violence.Talley and Donnie Blackley are the only black judges, while Nancy
Atkins and Vickie Rae Smith are the only females.With 17 magistrates still in
holdover status, Hawkins hinted that more changes could be on the way."I think
we need to continue with the ongoing process of improving magistrate court," he
said. "I want to make sure the magistrates know that these are not lifetime
appointments. They need to be competent, courteous to the public and never let
the robe go to their heads."Staff writer Alexander Morrison contributed to this
report.Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.