Posted on Thu, Feb. 16, 2006


McMahon wins election as 11th Circuit judge
Former prosecutor initially left off merit selection panel’s list of nominees

Staff Writer

Two months ago, Knox McMahon was out of the race for an 11th Circuit judicial seat. By Wednesday, he was the only candidate left.

The S.C. Legislature in a joint session elected the former prosecutor after Family Court Judge Kellum Allen dropped out before the vote.

The circuit court seat, which covers Lexington, Saluda, Edgefield and McCormick counties, was one of 17 judicial seats the General Assembly filled.

Fifth Circuit Judge Casey Manning of Columbia and 11th Circuit Judge William Keesley of Edgefield, who were unopposed, were re-elected.

McMahon, 58, an attorney at a Columbia law firm, declined comment after Wednesday’s vote. He made an unsuccessful bid for another circuit seat in 1999.

Allen, 54, a family court judge since 1998, said he withdrew before the vote after realizing he couldn’t win.

“I wish Knox well. I think he’ll do a great job.”

Allen said he didn’t know whether he will make another bid for a circuit court seat.

McMahon, who spent 20 years as a prosecutor in Lexington and Richland counties, initially wasn’t nominated by the state Judicial Merit Selection Commission in December, though it found him qualified.

The 10-member commission said it based its decision on a low test score, negative lawyer survey responses and McMahon’s responses at the screening hearing.

The commission qualified and nominated Allen and another candidate, Lexington lawyer Lisa Lee Smith, who dropped out of the race Feb. 2.

After McMahon’s supporters protested, the commission voted to nominate him last month. Commission members said they had no choice under state law because there were three or fewer qualified candidates.

State Sen. Jake Knotts, R-Lexington, who pressed to get McMahon a second hearing, said Wednesday the state judicial-screening law should be changed.

He said the Legislature should consider all qualified candidates and the three-person nominee cap should be eliminated.

“To get the best-qualified candidates to get elected judge in this state, we need to open it up.”

Knotts also said written tests for judicial candidates should be eliminated, contending they are unnecessary for “lawyers that are in good standing with the (S.C.) Bar.”

State Rep. Fletcher Smith, D-Greenville, a screening commission member, said McMahon will “make an outstanding contribution to our state bench.”

“The test and surveys are irrelevant,” said Smith, an attorney. “You have to look at the whole person.”

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





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