A Senate Judiciary subcommittee Wednesday substantially altered a House bill that supporters say would help increase the number of black judges statewide.

The House bill eliminates the three-person cap on nominees for state Supreme Court, Court of Appeals, administrative law, circuit and family court seats.

The Senate version, which passed by a voice vote of three subcommittee members, raises the cap to six instead of removing it altogether. It also requires that two-thirds of present judicial screening committee members agree to open nominations beyond the first three.

In addition, it eliminates a controversial House provision that would make it easier for lawmakers to run for judgeships. It also requires that all screening committee votes be recorded and open to the public.

The Senate version essentially allows the 10-member Judicial Merit Selection Commission, made up mostly of lawmakers, to retain its nominating powers. The House bill, by eliminating the cap, puts more decision-making responsibility on the Legislature, which elects the judges.

Only five days remain in the legislative session for the amended House bill to pass the full Senate and get back to the House.

Sen. Tommy Moore, D-Aiken, chairman of the Senate Judiciary subcommittee and a judicial screening committee member, said the Senate’s second reading of the bill could come today, with the final reading possibly on Tuesday — two days before the session’s end.

Rep. Leon Howard, D-Richland, who sponsored the House bill, said he isn’t happy with the Senate changes to his legislation.

“It’s better than nothing, but it’s certainly not the best we can do,” said Howard, who is black. “I held my nose to agree to moving (the cap) to six.”

Howard said he opposes the other Senate provision that requires a separate vote for the committee to consider nominating more than three candidates.

Michael Couick, chief lawyer for the screening committee, said during the hearing that before the cap took effect in 1997, judgeships were “brokered” among lawmakers “years in advance.”

“It was known who was going to be the winner before (the screening) was ever opened,” he said, noting he was speaking on behalf of Senate President Pro Tem Glenn McConnell, the Senate Judiciary Committee chairman and vice chairman of the screening committee.

Black lawmakers are angry that no blacks were elected to state court seats this year. In an election Tuesday for a Court of Appeals seat, Circuit Judge Casey Manning of Columbia, who is black, lost to Circuit Judge Paul Short of Chester, who is white. Black Circuit Judge Alison Lee of Columbia did not get nominated for that seat.

Black legislators say the nominee cap has prevented black candidates from getting nominated and has discouraged others from running. They contend all qualified candidates should have the opportunity to get elected in the Legislature.

A study published Monday by The State found that two-thirds of black candidates since 1998 in contested races with more than three candidates were rejected by the judicial screening committee.

Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com.