Posted on Tue, Jun. 07, 2005


Legislative study finds blacks less likely to be elected judges


Associated Press

A legislative study of judicial races since 1975 has found that black candidates are less likely to be elected judges in South Carolina than white candidates.

The study by the Senate Judiciary Committee also found lawmakers are more likely to vote men to the bench than women, although the gender gap is not as big as the racial gap.

The committee examined 728 judicial races involving 1,236 candidates since 1975, when legislative screening began. The study was released last week.

Among the findings were in the past eight years, about 27 percent of white and other nonblack candidates were elected annually in races without an incumbent, compared with an average of about 11 percent for blacks.

An average of about 27 percent of male candidates were elected annually in no-incumbent races. About 20 percent of female candidates were elected for the same period, according to the study.

At least one prominent black lawyer said the study didn't break any new ground.

I.S. Leevy Johnson of Columbia called it a "waste of time, money and effort," explaining it "only confirms what black legislators have been saying since 1970."

"African-Americans do not have confidence in the system," said Johnson, a former state lawmaker.

Chief Justice Jean Toal said the study "certainly confirms the position I've taken ever since I became chief that our bench does not adequately reflect the diversity that is South Carolina."

"These figures show a disparity not only in elections, but in nominations," Toal said.

The Legislature elects Supreme Court, Court of Appeals, Administrative Law, Circuit and Family Court judges in South Carolina. Candidates have to be nominated by a 10-member screening committee, known as the Judicial Merit Selection Commission.

Debra Gammons of Greenville, a black assistant city attorney who last month lost her bid to a white man to become a Circuit Court judge, applauded the study.

"I would hope that (lawmakers) would take the awareness from this study and bring about some changes next year," Gammons said.

One of those calling for changes is Sen. Robert Ford, a Judiciary Committee member.

The Charleston Democrat said the study supports his efforts to end the practice of having lawmakers elect judges.

Ford said if judges were elected by the voters, the state would immediately add about 40 black judges.


Information from: The State, http://www.thestate.com/




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