Columbia state judge loses SC Court of Appeals race to Florence family court judge

State Judge DeAndrea Benjamin of Columbia lost a race Wednesday for a much-prized seat on the S.C. Court of Appeals to a Florence family court judge.

The vote tally that gave the Court of Appeals victory to Family Court Judge Jerry “Jay Vinson was 95-63, with 158 of the General Assembly’s 170 lawmakers voting.

The post pays $193,143 a year.

The race was one of the highest-profile contests of the numerous state judges’ posts voted on Wednesday by the lawmakers. South Carolina is just one of two states where members of the Legislature elect judges to the family court, state court, the Court of Appeals and the State Supreme Court.

The Benjamin-Vinson race featured numerous dynamics. They included a conservative dog-whistle attack against Benjamin, accused of being a “liberal, Democratic” donor based on campaign contributions her law firm, prior to her becoming a judge, made to Democratic candidates. Benjamin also was the second qualified African American female state judge that lawmakers turned down for the Court of Appeals in two years.

In 2019, after state Judge Alison Lee lost her sixth bid to get a seat on the Court of Appeals to a white man, Blake Hewitt, who had never been a judge, black lawmakers staged a walkout, crying, “Shame on South Carolina. Racism still lives here!”

Either Benjamin or Lee would have been the first African-American female judge on the Court of Appeals.

In Wednesday’s race, it was difficult to assess the precise role that race may have played in Benjamin’s defeat.

Vinson had run for the Court of Appeals once before and lost. Often, a candidate running for a judgeship has to try two or three times before getting a seat. This was Benjamin’s first attempt.

Both candidates were rated “qualified” by the Judicial Merit Selection Commission, a screening committee of lawmakers and citizens that vets judicial candidates.

But according to transcripts of their hearings, Commission members including chairman Luke Rankin, R-Horry, spent more time schmoozing with Vinson than with Benjamin — perhaps an early signal that he would be the favored candidate. Rankin voted for Vinson in Wednesday’s race.

Benjamin had strong support of the 17 senators and representatives who make up the Richland County Legislative Delegation.

Of those 17, only Rep. Kirkman Finlay, R-Richland, voted against Benjamin and for Vinson. Finlay could not be reached for comment. In 2010, Benjamin’s husband, Steve Benjamin, beat Finlay in a highly contested race for city mayor. Finlay’s father had been a previous Columbia mayor.

After Wednesday’s vote, both candidates were in the State House lobby where, by tradition, judicial candidates gather, win or lose, to thank their supporters.

“It’s an honor and a privilege to serve. I’m humbled by the vote, and I look forward to using my skills as a family court judge honed over the past 17 years, and 16 years as a lawyer before that, to hopefully contribute to the Court of Appeals in a meaningful way,” said Vinson, 60, in an interview.

Benjamin, 48, who has 10 years’ experience as a state court judge hearing major criminal and civil cases, said she didn’t know if she would try again. “You never say never.”

Standing with her husband, Columbia Mayor Steve Benjamin, the judge said the politics injected into the race likely played a role in her defeat.

“I’m grateful to those who supported me, who stuck in there with me,” said Benjamin, who served seven years as a city judge in Columbia before becoming a state judge.

“(But) this race ended up being very polarized politically. There was a lot of propaganda out there against me that was not supported — I think that’s what happened,” said the judge.

“Judges are supposed to be non-partisan, the independence of the judiciary is important for a reason, and I treat everyone with dignity who comes into my courtroom,” Benjamin said.

Rep. Seth Rose, D-Richland, said, “Judge Benjamin was the most qualified candidate. The Legislature also had the opportunity to elect the first African American female to the SC Court of Appeals. With all respect to the other candidate, Judge Benjamin with her significant criminal and civil experience was the most qualified.”

A third qualified Court of Appeals candidate, Administrative Law Judge Deborah Brooks Durden, dropped out before the vote when she saw that Benjamin and Vinson were going to be the two top vote-getters.

The Court of Appeals is the court just under the S.C. Supreme Court.

In the state’s judicial hierarchy, the Court of Appeals is above state judges, who are above Family Court judges.

Clarification: This story has been updated to reflect that had Judge DeAndrea Benjamin won the S.C. Court of Appeals election, she would have been the first African-American female on that court. One African-American male has previously served on the court, and one is serving now.

This story was originally published February 3, 2021 at 8:30 PM.