Smalls-Benjamin race 'got downright ugly'

Gwendolyne Young Smalls of Columbia was elected by the General Assembly to the state's Family Court on Wednesday, ending a close, tense race that divided the typically tight Legislative Black Caucus.

Smalls won a seat as a judge in the Columbia-area 5th Judicial Circuit by six votes over Columbia Municipal Judge DeAndrea Gist Benjamin.

Benjamin is the wife of Columbia mayoral candidate Steve Benjamin. He is a former lobbyist, attorney general candidate and head of the state Department of Probation, Parole and Pardon Services.

Some Smalls supporters thought DeAndrea Benjamin, who was in her first race for a judgeship, was using her influential husband to "cut in line." Smalls, in her second judicial race, had paid her dues, they argued.

Benjamin supporters brushed off such tradition. They also objected to the idea that she should be penalized because of her husband.

"Sometimes people judge the candidate by their spouses," said Sen. Darrell Jackson, D-Richland, who supported Benjamin in the judge's race.

"I felt bad for the women, period (in this race)," Jackson said, because "everything they do gets lumped in with their husbands. I supported (Benjamin) because I thought she would make a great judge. But it was a no-lose for Richland County. I thought Smalls would make a great judge, too."

Rep. Gilda Cobb-Hunter, D-Orangeburg, said the Smalls-Benjamin race "got downright ugly."

"And it's sad because these are two nice ladies," said Cobb-Hunter, who voted for Smalls. "The focus of these elections ought to be on merit, not on the carrying-ons of one's handlers."

There was no apparent tension between the candidates, who had nice things to say about each other.

"I'm very happy," Smalls said after the elections, which included a Supreme Court race, a Court of Appeals chief judge race, 12 Circuit Court races, 21 Family Court races, and two races for the Administrative Law Court.

Smalls described DeAndrea Benjamin as "a friend," and DeAndrea Benjamin had nothing but well wishes for Smalls.

"I want to give my congratulations to Judge Smalls," Benjamin said. She declined further comment about the race. Steve Benjamin has said his wife might resign her municipal judgeship if he is elected mayor. As mayor, Benjamin would have a hand in judicial appointments.

Smalls, a Spartanburg native who practices law in Columbia and Fairfield County, became the first African-American on the Family Court in the 5th Judicial Circuit since the one-term tenure of Abigail Rogers.

The fuss over judgeships in the General Assembly is nothing new. But there is sometimes tension among African-American lawmakers who feel duty-bound to support qualified candidates through a process that has elected what they often argue is too few minorities.

"It became a little hostile, but I don't think the candidates had anything to do with it," said Rep. Leon Howard, D-Richland, who supported Smalls. "The bottom line is, South Carolina is a winner in this. Smalls is outstanding and a well-deserving young lady for this position.

"Benjamin is outstanding, and her time will come."

It was the House of Representatives that put Smalls over the top in the race.

Benjamin garnered 30 votes in the Senate to Smalls' 15. When the House weighed in, Smalls tallied 65 votes while Benjamin mustered 44.

It took 78 votes to win.

Wednesday's race reminded some of the race that seated Supreme Court Justice Don Beatty, which spilled over into televised attack ads.

That was then, Smalls said.

"We didn't get into the middle of it," she said of the tension. "The major difference between this race and that race is that I know DeAndrea and Steve. And I knew where my votes were."

Other races of note during Wednesday's judicial elections.

Frank Robert Addy Jr. of Greenwood was re-elected to a seat on the 8th Judicial Circuit Court.

Supreme Court Justice Donald W. Beatty of Spartanburg was re-elected to a full term.

John Cannon Few of Greenville won the chief judge seat on the Circuit Court of Appeals.