COLUMBIA, S.C. — On Monday, nine solicitors signed a letter addressed to House Speaker Murrell Smith and Senate Judiciary Committee Chairman Luke Rankin.
In the letter, they say lawmakers who are also lawyers should not serve on the Judicial Merit Selection Commission.
The group of solicitors, from all corners of the state reference examples of what they call are "A lack of regard for the rule of law." All of which are examples pulled from the Judicial Merit Selection Commission Member Todd Rutherford.
"They should at least show where I've done something wrong," Richland Democrat Representative Rutherford said in a press conference Monday.
The house minority leader and Judicial Merit Selection Commission (JMSC) member, Rutherford, explains that this letter citing impropriety in his recent cases is all a power grab.
He tells News 19 in his nearly ten years serving on the JMSC, solicitors have had no problem with him. That is until now.
"In their letter they quote the Jeriod Price case, however, the Attorney General of this state, Alan Wilson, in arguing that case in front of the S.C. Supreme Court, imposed a direct question: Did this have anything to do with the fact that I was a lawyer legislator. His answer was no," Rutherford said.
In the letter, these nine solicitors cite Rutherford's recent cases, but conclude that they want all lawyer-legislators replaced on the JMSC.
Kevin Brackett is one of the nine who serves as the 16th circuit solicitor in York and Union counties.
"It creates a clear appearance of conflict. I mean these folks are deciding who the judges are that are going to preside over the cases they bring to court," Brackett said.
Brackett tells News 19 in an ideal world, in the JMSC, the legislature and the South Carolina Governor would have an equal say in it and then ultimately the people through retention elections.
Rutherford explains he'd love to hear proposals on JMSC reform, but is not inclined to having the governor appoint judges directly given the possible influence of campaign donation dollars.
Both parties said they agree the JMSC structure can change. But Rutherford believes the current system works, Brackett believes it certainly doesn't.
Rutherford said he won't let his adversaries determine his position and that he fully intends to begin screening lawyers who want to be judges next month.
Brackett said he wants immediate change and that these solicitors plan to share input and thoughts with Speaker Smith's committee on how to select judges here in South Carolina.