Heated tone marks review of SC chief justice candidate Beatty

Associate Justice Don Beatty’s interview Monday with a screening committee for the S.C. chief justice post was marked by occasional testy exchanges and his statements about temperament and approach to the post.

At the end, Beatty – who during the hearing at times had grown heated as he discussed statements attributed to him at a 2013 prosecutors’ meeting – said he was sorry for being feisty at times.

“I would have to apologize for my combative nature when it comes to this solicitor thing,” Beatty told the nine members of the Judicial Merit Selection Commission. “It’s just been a matter that really has bothered me since it occurred.

“If I’ve offended any of you with my tone or any comment that I might have made, please forgive me,” he continued. “I’m no shrinking violet. But when attacked, I do respond.”

It was the first time Beatty talked publicly about his remarks as an invited speaker at a conference of state prosecutors. Various accounts of his remarks on prosecutors’ ethics – which were not recorded by audio or video – made state and national news afterward.

After his speech, Beatty was quoted in news stories as having said some prosecutors “had been getting away with too much for too long.” Actions such as jury tampering and evidence suppression would be considered legal misconduct, he was quoted as saying.

His remarks outraged many prosecutors. Thirteen of 16 solicitors as well as Attorney General Alan Wilson signed letters criticizing Beatty.

But others, including national legal commentators, said Beatty was doing what he ought to do – speaking out against unacceptable behavior by prosecutors.

Beatty told the commission Monday that when he spoke in 2013, he had two instances in mind, both involving the 9th Circuit solicitor’s office in the Charleston area.

In one incident, a prosecutor trying a murder case had texted his cousin, who was on the jury, 32 times, Beatty said. In the other, a prosecutor crossing the Cooper River Bridge didn’t like the way a motorist was driving, so he “pulled his badge and his gun and points it at the motorist because they’re driving too slow,” Beatty said.

Beatty told Sen. Larry Martin, R-Pickens, a critic of the justice, he had had heard Martin “had no problem” with former Chief Justice Jean Toal making a speech in which she said some of the same things that Beatty had said.

Martin is known as one of the most courteous, unflappable state lawmakers. But when Beatty told Martin he “had no problem (with) what she had to say,” Martin’s face flushed and he fixed Beatty with a stare.

“How you know what I had a problem with?” said Martin.

Beatty retreated. “Let me rephrase that, senator.”

Martin: “I think you might need to do that.”

Beatty: “I will. Let me put it this way. I got that from Toal herself. Let me withdraw every comment I just said.”

Martin: “That might be advisable.”

Beatty: “I will. I withdraw it.”

Beatty later told the commission he would say the same things again to prosecutors but in a toned-down manner.

Earlier this year, Martin had been among Republican lawmakers who were displeased with some 3-2 opinions from the Supreme Court, including a Beatty decision that favored consumers over auto dealers.

Although there was an effort among legislators to recruit someone to oppose Beatty for the post, no other candidate stepped forward.

Beatty, a former Upstate legislator, pledged to let the General Assembly make laws. “There’s not one on that court who respects the doctrine of separation of powers more than I do,” he said.

However, he added, “I don’t think most people, including some legislators, understand the separation of powers. They don’t understand there are three branches of government.”

Beatty also stressed civility.“The demeanor of a justice should always be respectful.” he said. “If I’m wrong, I’m wrong, But if I’m right, I’m right and let the chips fall where they may.”

The commission made no decision but will later announce if it finds Beatty qualified to be nominated for the post for which he is the only candidate.

This story was originally published April 25, 2016 at 7:29 PM with the headline "Heated tone marks review of SC chief justice candidate Beatty."