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South Carolina Senate Approves Changes to Judge Selection Process

South Carolina Senate Approves Changes to Judge Selection Process
South Carolina Senate Approves Changes to Judge Selection Process

The South California Senate has given a approval to a new bill. This bill will change the process of the selection of Judges and probably in future judges will be nominated for election to the General Assembly through this alter bill.

The decision of this alteration in the bill was made by after hearing a lot of citizen, and most of the citizen showed dissatisfaction with the current judicial candidate selection process.

For the first time the proposed legislation would allow the governor to appoint members of screening panel to the judicial candidate. All the eligible candidates will be presented to the General Assembly for election and the maximum limit of those candidates are six.

The Senate’s vote was unanimous. Following standard final approval, the bill will be sent to the House, where members have conducted their own hearings. The General Assembly has a remaining session of eight weeks to reach a consensus on the proposal.

The bill was debated on the Senate floor for several days. However, due to a lack of progress, Republican Senate President Thomas Alexander suggested that a group of 11 lawmakers from the 46-member body convene privately to reach a resolution, according to Republican Senate Majority Leader Shane Massey.

Massey led the bipartisan group into a windowless room in the Senate’s office building, where they engaged in approximately 12 hours of discussion, negotiation, and debate over two days. The group remained in the windowless room until one senator requested windows to enjoy two of Columbia’s most pleasant days of 2024.

Massey described the discussion as productive, noting that all participants were engaged and that a variety of viewpoints and opinions were expressed.

The Senate bill does not propose comprehensive changes. Proposals that might necessitate amendments to the state constitution, such as removing the election of judges from the purview of the General Assembly, were dismissed before negotiations began.

Instead, the bill proposes to expand the membership of the Judicial Merit Screening Commission and to permit the governor to appoint individuals to the commission for the first time.

The restructured commission would consist of four members appointed by the House Speaker, four members nominated by the Senate (split between the Judiciary Committee chairman and the body’s president), and four members selected by the governor. The governor’s appointees would include three attorneys from various legal fields and one retired judge.

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Legislators who are also attorneys are also eligible to serve on the commission. Critics of the current system have said that this could potentially intimidate judges because these lawmakers could influence their re-election. To solve this concern the bill propose two main points, first one is that there is a four year limit for the commission members and the second one is that there must be hiatus of four years before members can be reappointed to the panel. As we know that judges will serves for six years so this could be ensure that they are screened by a different group of individuals. 

The screening commission is prohibited from excluding qualified candidates from being presented for election at a joint session of the General Assembly until there are at least six candidates, a situation that supporters claim is rare.

Another significant change proposed by the bill is that a judge must be elected by a majority of both House and Senate members. If this majority is not achieved on the first ballot, the top three candidates advance to a second round. If no candidate secures a majority in this round, lawmakers will take a week to deliberate before voting again among the three candidates.

The bill also permits an individual to run for two judgeships simultaneously. This would allow a circuit court judge to run for the state Supreme Court without forfeiting the opportunity to be re-elected to her lower court seat. Additionally, if a family member of a screening commission member runs for a judgeship, the member would be required to leave the board.

Sen. Wes Climer, a Republican from Rock Hill, voted in favor of the bill. However, he cautioned attorney lawmakers to monitor their behavior to avoid providing additional reasons for people to seek changes to the judicial selection process.

Climer described the bill as a compromise that, while not universally loved, is acceptable to all parties.

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