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Article published Feb 3, 2005
Black caucus walks out on vote

ROBERT W. DALTON
Staff Writer


COLUMBIA -- State Rep. Brenda Lee shook her head and sighed.Tired of being told to be patient, tired of waiting until next year, the Spartanburg Democrat pushed her chair back and joined 28 other black legislators and walked out of judicial elections Wednesday afternoon to protest the Legislature's failure to select black candidates for the bench."I've been here 10 years, and I've watched it happen over and over again to qualified black candidates," Lee said.All eight judges elected during Wednesday's joint session of the House and Senate were white. The Legislative Black Caucus walked out of the House chamber after two black women -- Gwendlyne Smalls and Shirley Robinson -- were passed over for white candidates."Today we got whitewashed," said Rep. David Mack, D-Charleston, the caucus chairman.African-Americans also were shutout a year ago, when the Legislature elected 36 white judges. There are 141 judges statewide, and only six of those are black."We're tired of being left out in terms of diversity," Mack said. "We're sick and tired of being told to wait until next year."Rep. Leon Howard, D-Columbia, said the walkout was just the first of many events that the caucus had planned to bring attention to the issue. He said a lawsuit challenging the process of electing judges is one of the options being considered."This is not a knee-jerk reaction or a temper tantrum," Howard said. "Black candidates are being disrespected and treated unfairly."Howard is the sponsor of a bill that he believes would send more black candidates to the bench. It would require the Judicial Merit Selection Commission to send the names of all qualified candidates to the Legislature instead of limiting the number of candidates to three.Sen. Jim Ritchie, R-Spartanburg, said all of the candidates up for election were highly qualified. Ritchie, who voted for Smalls, said he wasn't surprised by the walkout."Given the level of frustration some members expressed, I understand," Ritchie said. "I would hope that they would re-engage in helping us find and elect qualified people rather than withdrawing from the process."Rep. Lanny Littlejohn, R-Pacolet, said the "wicked" process could be altered to give the Legislature more candidates to choose from."But if they want a quota, that's not the right thing to do," Littlejohn said.Sen. Clementa Pinckney, D-Ridgeland, said the walkout was the caucus' way of drawing attention to the flawed process."Right now there's a lot of talk about government restructuring and tax reform," Pinckney said. "We need judicial restructuring and reform so that we have a system that allows for greater diversity."Pinckney said it might be time to take the Legislature out of the process entirely."Publicly elected judgeships are not a bad idea at all," Pinckney said. "It would be better than what we have now."Will Folks, a spokesman for Gov. Mark Sanford, called the walkout a "legislative matter.""But the bigger picture is where we are headed in state government," Folks said. "The governor's bias has always been to expand diversity in all branches of state government."Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.