Veteran judge says Richland lawmakers blocked appointment over ‘personal animosity.’ So, he’s suing
A longtime county judge is suing the Richland County Legislative Delegation for blocking his reappointment to the bench. The judge claims he’s being blocked because of a past dispute with a state senator’s son.
Joseph Strickland, who has served as the master-in-equity for Richland County for the past 34 years, has asked the South Carolina Supreme Court to force the Richland County Legislative Delegation to forward his name to Gov. Henry McMaster — following a favorable report by the Judicial Merit Selection Commission where Strickland was the only candidate vying for the position — in order that he may be approved for another term that would expire in 2027.
Strickland’s term expired in April of 2021, and without being officially reappointed, he remains in what’s known as a carryover status, meaning that he can remain on the bench until another candidate is appointed to replace him.
At issue in Stickland’s challenge is whether the Legislative Delagation of Richland County, which comprises the state senators and representatives elected from the county, has a statutory obligation to submit a candidate’s name determined by the Judicial Merit Selection Commission to be qualified, when the commission recommends only one candidate to the delegation.
“If there is only one candidate found qualified by the JMSC, as was the case for Judge Strickland in January 2021, then the RCLD must submit that candidate to the Governor for consideration,” Strickland’s petition said. “The RCLD had no discretion to choose not submit Judge Strickland’s name to the Governor, nor to delay in such submission.”
State Rep. Leon Howard, who chairs the Richland County Legislative Delegation, said the group does, in fact, have the discretion to withhold a judicial candidate’s name from the governor regardless of the number of names recommended by the Judicial Merit Selection Commission.
“Just because Judge Strickland went through the screening process and was found qualified, and he is qualified, does not mean that the delegation had to accept him,” Howard said.
In South Carolina, candidates for judicial office must first apply to the Judicial Merit Selection Commission, which is a 10-member statutorily created body charged with considering candidates’ qualifications. Following a review of a candidate’s background, the commission then forwards a report to the General Assembly, detailing whether the candidate is fit to serve. Legislators then decide which candidate they’ll recommend to McMaster for appointment.
Masters-in-equity are county-based judges who have jurisdiction in matters referred to them by the circuit courts. Masters are appointed to a six-year term by the governor, subject to the advice and consent of the General Assembly.
Howard said that while he personally supported Strickland, the delegation decided against the 67-year-old because they wanted to give someone else an opportunity to serve in the role Strickland has held since 1989.
In his complaint, Strickland argues that state Sen. John Scott, D-Richland — a member of the Richland County Legislative Delegation — has “personal animosity” toward him because Scott’s son, who formerly worked for Strickland, was accused of stealing from the Richland County courthouse and forced to resign in exchange of being fired.
“Upon information and belief, it is this circumstance that prompted John Scott to influence the RCLD to withhold Judge Strickland’s name from submission to the Governor,” Strickland’s complaint reads.
Scott denies the allegation and called it “ridiculous.”
“My son worked for (Strickland) seven years ago,” Scott said. “This isn’t about my son. It’s about the delegation wanting to give someone else a chance to serve. (Strickland) has been there since 1989.”
At least two other delegation members, however — state Sen. Dick Harpootlian and state Rep. Heather Bauer — disagree with the delegation and say that Strickland should be reappointed without question.
“I was shocked by the lawsuit, and if the allegations are true, we should forward Judge Stickland’s name to the Governor immediately,” state Sen. Dick Harpootlian, D-Richland, said. “Also, we as a delegation should investigate how this happened in secret.”
Chris Kenney — a trial lawyer representing Bauer’s and Harpootlian’s interest that Strickland be reappointed — said the first time anyone recognized Strickland’s problem was when Strickland’s position was posted as vacant by the Judicial Merit Selection Committee.
Strickland’s complaint alleges that Howard, in violation of his role as chair of the Richland County Legislative Delegation, acted unilaterally in sending a letter to the Judicial Merit Selection Commission, directing it to advertise Strickland’s position as master-of-equity as vacant, more than two years following the commission’s endorsement of Strickland.
“Importantly, this letter was signed only by RCLD Chair Leon Howard,” the lawsuit said. “There is no indication that there was a meeting of the RCLD to consider this ‘occurred vacancy’ nor is there any indication that there was a vote of the RCLD to direct the JMSC to begin accepting applications for the position.”
Strickland has asked the court to issue an injunction directing the Judicial Merit Selection Commission to remove the advertisement that the Richland County master-in-equity position is vacant and to stop accepting or processing any applications for the position.
In support of Strickland’s reappointment, Harpootlian and Bauer plan to file a “return” or response to Strickland’s petition with the court on Wednesday, according to Kenney.
Howard, likewise, said the delegation will respond to Strickland’s complaint on Wednesday.
“I’ve known Judge Strickland for a lot of years, and I think he’s done great work in the community as a judge,” Howard said. “But when the majority of a 18-member delegation want to take a look at another person or candidate (for the position), I’m obligated to follow that as the delegation’s chair.”
This story was originally published July 18, 2023 at 10:27 AM.
