SC Gov. McMaster reports to court when called to serve on a jury: ‘It’s a duty.’
Richland County juror Number 312 stood when state Judge Casey Manning asked for people to stand if they were 65 or older — the age when you don’t have to serve on a South Carolina jury if you don’t want to.
“Are you 65?” the judge asked Juror Number 312, a tall man in a dark suit, one of some 60 potential jurors being screened for jury duty on the third floor of the Richland County courthouse for upcoming civil and criminal trials.
Number 312 — also known as S.C. Gov. Henry McMaster — said ‘yes,’ adding that he certainly was willing to serve on a jury if chosen.
“You don’t look a day over 65,” quipped the judge, accepting him.
Being part of a jury pool is an age-old ritual that thousands of Richland County citizens have participated in over the years. Anyone who is 18, speaks and understands English and meets some other basic qualifications is required to report for jury duty when called. They swear an oath to answer all questions truthfully. Statewide elected officials like McMaster are not automatically excused from jury duty.
At the screening’s beginning, Judge Manning delivered a speech he’s made many times before, thanking potential jurors for coming and telling them that “jury duty is the most important service you can render to your country in a time of peace.” The court system is how American citizens settle disputes between themselves and the government, and between themselves, Manning said.
“Although we are not at war, we do have an invisible enemy that we’re fighting, not only in Richland County, but in this great state and all over the world,” Manning said. “These are special times, hard times. ... (Y)ou are participating in a patriotic event: jury duty.”
What is unusual is that McMaster, the busy governor of a state of more than 4 million people, could have been excused without showing up, Richland County Clerk of Court Jeanette McBride told a State newspaper reporter.
“But the governor’s staff called and said he wanted to serve, so we told them to come on,” McBride said.
McMaster came, bringing the team of State Law Enforcement Division security agents that accompanies him everywhere in public.
Being part of the pool for several possible trials that could take place this week doesn’t mean that McMaster will eventually be picked. Only 12 jurors and one or two alternates are usually chosen. Some potential jurors are rejected by lawyers on one side or the other. And sometimes, defendants plead guilty or civil cases settle once a jury is chosen.
But as of Monday afternoon, the governor had sat with other potential jurors through two hours of initial screening as court officials questioned potential jurors, starting off with having each person stand, say their spouse’s name and their spouse’s occupation. The screening took place in a large third-floor courtroom that could probably fit 250 or more people but due to COVID-19 and social distancing, contained fewer than 100. Everyone wore masks.
When McMaster’s number, 312, was called, he stood and said, “Henry McMaster, an attorney currently serving as governor. My wife, Peggy, is a property manager.”
Occupations of other potential jurors included college students, a stay-at-home mom, a real estate agent, salesmen, a veterinarian technician, a restaurant manager, several teachers, an architect, a wildlife biologist, a civil engineer, two lawyers, various state employees, a truck driver, retired state and federal workers and others. Ages appeared to range from late teens to the sixties. McMaster, at 73, was among the oldest.
During the two hours, potential jurors were asked numerous questions, many of which had to do with the pandemic: Had they or a family member tested positive? Did they live with anyone who considered vulnerable to catching COVID-19? Had they been in close contact with anyone who has tested positive? Had they traveled out of state?
“I just got back from college in South Bend Indiana,” a young woman told Judge Manning.
“You go to Notre Dame?” inquired Manning, who was sitting on a raised podium, about 50 feet away.
“Yes, sir,” she said.
“Why?” asked Manning, a 1973 graduate of the University of South Carolina, where he was a standout basketball player.
“They have a good football team,” she replied to chuckles all around the courtroom.
Other people’s stories were more serious. Potential jurors with reasons to be excused told of children with serious depression issues, care giving for parents with Alzheimer’s and having spouses with health issues that might make them targets for COVID-19. Judge Manning heard their situations at more length in his chambers.
Eventually, Richland County clerk of court administrator Jim Truitt told the remaining potential jurors — a number that appeared to be more than 45 — “You are all qualified as potential jurors.”
McMaster was among them. They were told to call a telephone line where they would find out if they were excused for the rest of the week or should come back to the courthouse on Wednesday.
Among the people in the courtroom Monday was 5th Circuit Solicitor Byron Gipson, who praised the governor for coming. “Good for him for wanting to serve. I love it,” Gipson said. A few felony trials were on the docket that McMaster could be chosen for, he said.
Gipson especially liked the way McMaster handled the age issue. “He didn’t flinch. He could have said he didn’t want to serve and that would have been it.”
After the screening was over, McMaster explained why he felt he had to report to jury duty.
“It’s your duty to serve on the jury, just like the judge said,” the governor said in an interview.
As former U.S. attorney for South Carolina and former state attorney general who served for years as a top official over state and federal cases, McMaster has sat in on a lot of jury screenings and the personal stories of some of the potential jurors did not surprise him. “You find out that people have a lot more problems than you do sometimes,” he said.
There’s something inspiring about the court system, where disputes can be explored in depth, following procedures established by law and used for generations to resolve matters in an open manner that gives people confidence, the governor said.
The nation’s legal system could not work without jurors, McMaster said: “It’s important to be there. It’s a duty that we all owe to all the rest of us.”
This story was originally published December 1, 2020 at 5:00 AM.