COLUMBIA, S.C. — On Wednesday, state lawmakers were set to vote on the newest judges for the state. That decision, however, has now been postponed. Meanwhile, News19 has been looking into how judges are elected, and how South Carolina ended up with an all-male state Supreme Court.
South Carolina is currently the only state in the nation to have an all-male Supreme Court. Former Chief Justice Jean Toal retired in 2015 leaving only one woman on the court, Justice Kaye Hearn, who retired at the end of 2022.
In this state, the legislature elects judges, from the circuit court level to the highest court. In January of 2023, News19's research shows three judges were found qualified and screened out of the Judicial Merit Selection Commission for the Supreme Court and then presented to the General Assembly.
The three were the following: Aphrodite Konduros, who was elected by the General Assembly to the South Carolina Court of Appeals in 2008; Stephanie McDonald was elected in 2014; and Gary Hill, who had the least amount of time on the appellate court, since being elected in 2017.
In February of 2023, the General Assembly chose Hill to serve on the Supreme Court, making it an all-male court.
During a session with reporters before the start of the 2024 legislative session, News 19's Andrea Mock asked State Senators Brad Hutto and Shane Massey about last year's decision.
"There were two great female candidates for supreme court who didn't make it through," Mock said. "Is there any talk of changing that the next time a seat becomes available?"
Senator Hutto admitted that the issue came down to abortion, while Senator Massey said, "I would prefer to have a court that looks like South Carolina, but I'm not gonna vote for someone who has a worldview that is not consistent with where I think they state ought to go. The South Carolina Bar must do a better job at grooming female and minority lawyers to go into the judiciary, to run for positions."
After Mock's interview, Women in Leadership, a non-profit that encourages women to get involved in state leadership, released a newsletter condemning lawmakers' practices in choosing judges. Mock has now had the chance to speak to former Justice Hearn to hear her reaction.
"I saw a shift in attitude in the General Assembly in 2007," Hearn said. "Even though there was only one woman, I was asked over and over again, don't we already have one woman, as if there was a quota."
When Hearn was initially up for the State Supreme Court in 2007, she was the chief judge on the court of appeals, but two times, a man considered her junior was chosen by the General Assembly for the Supreme Court. On the third try, she was elected to the high court.
"Honestly I was shocked, that I was asked that," Hearn said. "It's one thing to think it but to actually verbalize it and it wasn't one legislator it was many. And we have seen that attitude continue in the most recent election."
When Hearn retired, she says she was disappointed but not shocked that Hill, who had the least amount of time on the court of appeals, was chosen to replace her above McDonald and Konduras .
"Everyone will tell you Gary Hill is a brilliant jurist and deserving to be on Supreme Court," Heard said. "Personally I don't believe it was his turn. you know women are often told it's not your turn."
In January of 2022 Hearn penned the decision that struck down the state's fetal heartbeat bill, which essentially banned abortion at six weeks. She says lawmakers were eager to replace her with someone who would support the ban.
"I think it's undeniable that the first opinion in the fetal heartbeat case effected it, I authored that opinion," Heard said. "Very disconcerting although I do think Senator Hutto was being honest when he said it's about abortion."
After Hill took his place on the Supreme Court, the issue of abortion was back at the high court. In august of 2023, the South Carolina Supreme Court upheld the state's new near-total ban on abortion by a 4-1 vote..
Going forward, Hearn said voters need to pay close attention to who your lawmakers support on the courts...
"We need more diversity in the General Assembly if this is going to be the body to elect our judiciary," Hearn said.
In April of this year, Chief Justice Donald Beatty, the only minority on the court, will turn 72, the mandatory retirement age. In November, the Judicial Merit Selection Commission announced they screened Justice John Kittridge to replace him, and found him qualified.
That will leave Kittridge's seat open, and the court, with no women or minorities.
The legislature will vote on the next round of judges at a later date. The list of nominees is below. If you want to have a say on who they choose for the bench contact your state lawmakers.