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.