Posted on Wed, Oct. 01, 2003


Toal unopposed for new term as chief justice


Associated Press

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."





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