COLUMBIA, S.C. - Chief Justice Jean Toal will
run unopposed as she seeks another 10-year term on the state Supreme
Court.
The deadline for applying for the chief justice's seat and nearly
four dozen other judgeships across the state was noon Wednesday.
Only five of the seats have more than one applicant.
As part of her re-election bid, the state's first female chief
justice submitted a lengthy application that includes a statement
where she "deeply regrets" an incident two years ago in which her
car sideswiped a parked car after she had been drinking alcohol at a
South Carolina Bar reception.
Toal, who paid a $300 fine for leaving the scene of an accident
and driving too fast for conditions the day after the May 2001
accident, denies the drinking played a role in the wreck but
acknowledged it was inappropriate behavior.
"The matter has caused me to engage in much reflection and to
seek advice as to my future conduct," wrote Toal, who talked to her
doctor, pastor and family about the incident.
"I have limited my use of alcohol," Toal said. "I do not operate
a motor vehicle when I have consumed any alcohol."
Toal, 60, also took a defensive driving course and limits her
nighttime driving because of sight and hearing impairments. Toal
told officers at the time of the May 2001 crash she probably didn't
realize she had hit the car because she had the air conditioner on
and was listening to a book on a cassette tape.
Along with Toal, lawmakers next February also will elect a Court
of Appeals judge, 14 Circuit Court judges and 22 Family Court
judges.
The state Judicial Merit Selection Commission, which determines
whether candidates for judgeships are qualified and nominates them
to the General Assembly, will hold public hearings beginning Dec.
2.
Sen. Tommy Moore, D-Clearwater, said he has no problems with
Toal's traffic accident because the Commission on Judicial Conduct
cleared the her of any wrongdoing beyond the traffic charges.
As far as her on-the-bench performance, "I think she has done a
very good job," said Moore, a member of the Judicial Merit Selection
Commission.
Toal has been chief justice since taking over the term of the
retiring Ernest Finney in 2000. She became the first female justice
to sit on the state's highest court when she was first elected in
1988. Her salary in 2002 was $125,484.96, according to an economic
interest statement.
Toal said she has written more than 900 opinions in her 15 years
at the Supreme Court and remains just as excited about her job as
she was on her first day.
"It is a rare privilege given few in life," Toal wrote.
Toal's application for re-election runs well over 70 pages and
includes the required letter of recommendation from her banker along
with glowing letters from the interim dean of the University of
South Carolina Law School, the Charleston County Clerk of Court and
her pastor at St. Joseph Catholic Church.
Also included is a letter from friend and former law partner
Warren Powell Jr., who calls Toal "the most gifted legal analyst,
advocate and writer that I have known in my 26 years of law
practice."
"Long after all of us have submitted our final brief and made our
last argument ... Jean will be regarded by our state bar as the
court's finest chief justice during our lifetime," Powell wrote.
Toal's re-election bids haven't always been this easy. She
survived the first challenge of a sitting justice in more than a
century to keep her job in 1996.
Back then, lawmakers held days of hearings at which court
employees and judicial colleagues talked about Toal's gruff
demeanor.
Toal may have mellowed somewhat, especially with her staff, but
she can still have a pointed exchange or two from the bench.
One of the questions on the application asked if there is a role
for sternness or anger with lawyers.
"Sternness - yes, in limited circumstances," Toal wrote. "Anger -
never."