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TUESDAY, NOVEMBER 15, 2005 12:00 AM

Ford appointed to judicial screening panel

BY GLENN SMITH
The Post and Courier

For years, Sen. Robert Ford has decried the lack of minority judges in state courts. Now, he may be in a position to help bring more diversity to the bench.

State Senate President Pro Tem Glenn McConnell appointed the Charleston Democrat last week to the Judicial Merit Selection Commission, which screens candidates to serve as judges in the state court system.

Ford becomes the third black member on the 10-member commission.

Ford said he hopes his appointment will encourage more minority candidates to apply for judicial posts.

Blacks make up nearly a third of South Carolina's population but account for only 6 percent of the state's judges. Only one black candidate applied for 18 open judicial seats to be filled by the Legislature next year, according to the South Carolina Bar Association.

"A lot of black lawyers in this state have refused to apply because they didn't get a fair shake in the past," Ford said. "But the fact that I'm on there now, I think some of them will apply."

The panel screens candidates and recommends up to three nominees for each opening. The Legislature then elects judges from that pool.

Some area civil rights leaders said they hope Ford will be able to work within the system and make a difference.

"Hopefully, it's not just window dressing," said Dot Scott, president of the Charleston branch of the National Association for the Advancement of Colored People.

Ford said he won't vote for someone simply because of skin color or gender. But he would certainly support minority candidates if they are as qualified and talented as others in the running, he said. He also intends to keep pushing for judges to be selected through public elections, a move he thinks would also help diversify the judiciary.

Of the 112 top judicial posts in South Carolina, 88 are held by white men. Critics have said that's out of kilter in a state where blacks account for 30 percent of the population and women, 51 percent. Others argue that political connections, not race or gender, are a driving factor in winning a seat on the bench.

"I certainly believe there are some quality people who aren't getting through," said John Simpkins, an associate professor at the Charleston School of Law. "The tendency is often to vote for people you know, and that does not necessarily produce the best judiciary."

Jean Toal, chief justice of the state Supreme Court, said the lack of diversity on the bench is "a matter of deep concern," and she hopes the state will expand opportunities through pending legislation to add three judges each to the family and circuit courts. But Toal said she "profoundly disagrees" with the idea of public elections for judges, which has to led to corruption and unseemly chases for campaign money in other states.

Joining Ford as a new commission member is Sen. Ray Cleary, R-Georgetown. They will replace McConnell, a Charleston Republican, and Sen. Tommy Moore, D-Aiken, who are stepping aside after several years on the panel.


This article was printed via the web on 11/18/2005 1:59:43 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Tuesday, November 15, 2005.