Are women's voices needed when SC picks its judges? Some senators think so

Can South Carolina pick the best judges if every one in charge of appointing them is a man?

That’s a question some women legislators are asking about the state’s Judicial Merit Selection Commission after a woman judge stepped away from the bench under criticism before the all-male panel.

State Sen. Mia McLeod, D-Richland, wrote a letter to the Senate Judiciary Committee Monday calling for more women to be named to the board that helps pick the state’s judges.

“In an effort to one day have a Judiciary that is proportionately representative of the people of this great state, we must make every effort to ensure that our screening process is fair and just to all candidates who offer themselves for judicial service,” McLeod wrote.

The freshman senator echoed calls by state Sen. Margie Bright Matthews, D-Colleton, to appoint women to the committee.

Last month, 9th Circuit Court Judge Kristi Lea Harrington dropped her re-election bid after the selection committee said only 40 percent of attorneys surveyed said she was well-qualified for the bench, despite nine years on the Lowcountry circuit.

Some of the attorneys described her as insecure, arrogant, rude or condescending. One attorney complained Harrington spoke to him in a “school teacher-like tone.”

McLeod said Harrington’s case brought to light the “implications and impact on our female judicial candidates” of being chosen by an all-male judicial panel.

Former Gov. Nikki Haley also weighed in on Harrington’s retirement, tweeting, “The role of a judge is not to appease lawyers. The role of a judge is to bring justice for the people.”

The selection commission nominates finalists for judgships, who are then elected by the House and Senate. The panel consists of three senators, three members of the S.C. House and four members of the legal community, appointed by legislative leadership. All the current members have been appointed in the past two years.

State Sen. Luke Rankin, R-Horry, sits on the selection commission and, as the Senate Judiciary Committee chairman, named the two other Senate members – Ronnie Sabb, D-Williamsburg, and Tom Young, R-Aiken. All three joined the commission for the first time last year.

Rankin says there was “no intention of making it an all-male group,” adding women have served on the commission prior to the current line-up.

“I’m not aware of any problem with (current members’) ability to serve or their independence,” Rankin said. “If you look at the number of female candidates we’ve dealt with, I don’t think that has dictated any different result than it otherwise would lead to.”

Rankin said he would keep McLeod’s recommendations in mind when naming members to the board in the future. But, he added, any member of the panel needs to have an independent mindset, “not pro-guy or pro-gal.”

This story was originally published January 30, 2018 at 7:56 AM with the headline "Are women's voices needed when SC picks its judges? Some senators think so."