COLUMBIA, S.C. — The Supreme Court of South Carolina on Thursday ordered the Richland County Legislative Delegation (RCLD) to submit Joseph M. Strickland's name as a candidate for the office of Richland County Master to the Governor for consideration within 10 days. If the Governor does not approve Strickland's appointment, Strickland may continue as Master until a new one is appointed.
It's the latest move in a political struggle over the position.
On April 30, 2021, the term of Joseph M. Strickland as the Richland County master-in-equity (Master) ended. Prior to the expiration of his term, Strickland sought to be reappointed by the Governor, and was the lone candidate for the position in Richland County.
The South Carolina Judicial Merit Selection Commission (JMSC) conducted the required screening and found Strickland to be qualified for reappointment in a report dated January 14, 2021. The JMSC then sent its report to the Richland County Legislative Delegation, which according to law, was required to submit to the Governor a qualified candidate for consideration for appointment.
For unknown reason, the RCLD, made up of state legislators representing Richland County, did not submit Strickland's name to the Governor for reappointment. With only one qualified candidate running for the position and no action in opposition taken by the RCLD, Strickland continued to serve as the Richland County Master, despite any official action to reappoint him.
Over two years later, on June 28, 2023, the Chairman of the RCLD sent a letter notifying the JMSC that the RCLD "did not agree to submit [Petitioner's] name to the Governor for consideration for appointment, and would like the opportunity to allow others to be screened."
In that letter, the RCLD Chairman requested that the JMSC announce the vacancy of Petitioner's seat as soon as possible so a successor could be appointed to fill the unexpired term ending on April 30, 2027. On July 3, 2023, the JMSC announced numerous judicial vacancies, including a "vacancy" in the office currently held by Strickland and the acceptance of applications for that office until August 4, 2023.
Strickland then filed a petition asking the Supreme Court to order the RCLD to adhere to section 2-19-110 and the 2021 JMSC report and submit his name to the Governor for consideration as the sole candidate for the office of Richland County Master. Strickland also requested the Court to bar the JMSC from accepting or processing any applications for the office of Richland County Master until such time as the Governor has considered his candidacy as required by law.
According to the court, the members of the RCLD are not in agreement as to whether Strickland's name should be submitted to the Governor for his consideration. Specifically, the RCLD is split as to the import of meaning of the word "shall" in section 2-19-110 and the duties set forth therein.
Section 2-19-110 is one statute among many setting forth the role and responsibilities of the JMSC. Section 2-19-110 provides:
Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the [JMSC]. Upon completion of reports and recommendations, the [JMSC] shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified by the [JMSC] may be appointed to the office of master-in-equity.
The court said it found found section 2-19-110 imposes a mandatory duty on the RCLD, and under the facts presented, that duty is "ministerial in nature." Accordingly, the court ordered the RCLD to submit Strickland's name to the Governor for consideration.
The court noted that the word "shall" appears five times in section 2-19-110. Moreover, in Title 2, Chapter 19 of the South Carolina Code ("Election of Justices and Judges"), the legislature used the word "shall" sixty-three times. The court therefore said the prevailing rule of statutory interpretation is that the "use of words such as 'shall' or 'must' indicates the legislature's intent to enact a mandatory requirement."
The court said the JMSC may receive a single application or multiple applications for a vacant Master position. After all applications are received, the JMSC determines if the candidate(s) are qualified. The JMSC must then submit "reports and recommendations" of the Master candidates to the "appropriate county legislative delegations." From the candidate or candidates found qualified by JMSC, "[t]he county legislative delegations shall then submit the name of a candidate for consideration to the Governor for consideration for appointment." As a result, while a county legislative delegation retains authority over the selection of the ultimate candidate to recommend to the Governor, that authority has been expressly limited to recommending only a candidate found qualified by the JMSC.
The court said Section 2-19-110 clearly requires the RCLD (and all county legislative delegations) to submit the name of a qualified candidate to the Governor: "The county legislative delegation shall then submit the name of a candidate to the Governor for consideration for appointment."
Should the Governor reject Strickland's candidacy, the office of Richland County Master would become vacant at that time, according to the court.. At that point, the JMSC would then become authorized to follow the ordinary procedure for filling a vacant Master position, including publicizing the vacancy and accepting applications from interested candidates.
To read the full court order, click here.