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Sep 29, 2006   •   Beaufort, South Carolina 
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S.C. high court faces a membership change
This is an opportunity to discuss diversity
Published Fri, Sep 29, 2006

The chief justice of the S.C. Supreme Court heralded a change last week that should be a part of the political debate in this year's election. Chief Justice Jean Toal said that the court faces a major change as three justices probably will retire by the end of 2008.

The retirements offer an opportunity for more diversity on the state's highest court, but any discussion also offers a chance for an examination of ways to bring more diversity to all ranks within the court.

Gov. Mark Sanford addressed this issue in his State of the State address in January, when he said that nearly 30 percent of South Carolinians are "African-American, and yet only 10 percent of the judges" fall into that demographic.

Toal lends the only diversity to an otherwise all-male, all-white five-member Supreme Court. Across the judicial system about 17 percent of the state's judges are female and 6 percent are black.

Failure to address the low number of black and female jurists on the bench in South Carolina has been a great disappointment of decades of legislative sessions. Just two years ago lawmakers wanted to await a study that ultimately revealed what they already knew and had been told for years by the S.C. Legislative Black Caucus -- too little diversity.

A more equitable gender and racial balance to increase the number of women, blacks and Latinos on the bench is important because people have more confidence in a system that reflects their numbers in the population. Judges preside over courts, which make life-altering decisions that affect families. They put people in jail. They grant divorces. They separate children and parents. They determine child support.

Over the years, Toal has suggested that that as a starting point South Carolinians recruit more women and minorities for the state's law schools. When nearly three-fourths of the state's lawyers are white males, it is little wonder that the faces on the bench belong to white males.

Diversifying the bench won't come overnight; pressure from the Legislative Black Caucus and grass-roots voters might help to change the numbers. In the meantime, the 63-year-old chief justice said she isn't retiring in the near future, so she can lend a voice by being a squawk box to keep the issue alive.

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