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SC Supreme Court Justice calls for more diversity on state benches, changes to election process

The committee plans to conduct further public hearings before releasing its recommendations in February on how judges are chosen in the state.

COLUMBIA, S.C. — A newly established House of Representatives committee has started examining the electoral process for judges in South Carolina. 

The formation of this committee follows mounting calls for lawmakers who share a legal background to abstain from influencing the selection of judges.

On Tuesday, the committee scrutinizing potential judicial reforms held its first meeting.

Supreme Court Justice John Kittridge, currently campaigning for the position of Chief Justice, was one of several speakers to testify before the committee. 

"Our selection of judges is not perfect. There is no perfect method for the selection of judges," Justice Kittridge remarked. He emphasized the need to refine the existing system instead of a complete overhaul.

South Carolina is one of only two states where the legislature elects judges. The hearing occurred during the second day of this year's judicial screenings, conducted by a panel known as the Judicial Merit Selection Commission (JMSC).

Critics of the existing system contend that lawmakers who are practicing lawyers should be removed from the JMSC panel, as their involvement might create a conflict of interest when they subsequently appear before the judges they have screened. Some have suggested that the governor should nominate judge candidates, followed by a vote by the General Assembly.

Micah Caskey, a representative from Lexington County and the chairman of the JMSC, expressed openness to various proposals but remained unconvinced that any suggested changes would significantly improve the process.

"I remain open to all suggestions of what we should do. I just don't hear a compelling case for why the suggestion will make things different... and better," said Caskey.

However, both committee members and speakers expressed unanimous opposition to the idea of popularly electing judges. There was also a consensus among participants in favor of increasing diversity on state benches, including the all-male Supreme Court.

"We have a great bench. We have a great system. But if it doesn't reflect the people of South Carolina, we are going to lose the respect and integrity by the public we serve," said Kittredge. "That belief by the public in the integrity of our judicial system is absolutely critical to a functional, working and fair justice system for all South Carolinians."

Representative Gilda Cobb-Hunter of Orangeburg County added, "In the past few years, we have not, in my opinion, done a good job as far as electing judges of color."

The committee plans to conduct further public hearings before releasing its recommendations in February.

Pope said the committee will focus next week on the criminal justice system and plans to take public testimony on Nov. 28.

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