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High court to weigh judicial lawsuit

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The S.C. Supreme Court will hear oral arguments June 7 on the lawsuit filed against the state panel that screens potential judges, the court announced Thursday.

The high court moved quickly because the case could affect the new 14th Judicial Circuit judge appointee, who is scheduled to be sworn in this summer.

The suit, filed by the South Carolina Public Interest Foundation and Hilton Head Island lawyer Jim Herring, challenges how the Judicial Merit Selection Commission handled the screening of Carmen Tevis Mullen.

The suit says the commission recommended Mullen to serve on the 14th Circuit, which includes Beaufort County, despite serious concerns about her residency and where her law practice is focused.

The lawsuit seeks to show that the commission ignored evidence that Mullen was not based on Hilton Head as she testified. An investigation of public records and tax documents conducted by The Island Packet found that Mullen's record seemed to be at odds with her testimony about how long she had lived and practiced law on the island.

The General Assembly selected Mullen for the post Feb. 15 over two other candidates. She is scheduled to take over for Judge Jackson V. Gregory when he retires in July.

The plaintiffs hoped the Supreme Court would hold oral arguments instead of just reviewing the written briefs, Jim Carpenter, the Greenville attorney representing Herring and the public-interest foundation, said Friday. "They're apparently taking (the case) pretty seriously."

The case began in Circuit Court, but Judge Ernest Kinard dismissed the suit, saying it should be handled by the high court. At the hearing, Kinard said lawyers should move quickly to file paperwork because the case could affect whether Mullen is able to take the seat.