Alan Wilson calls for SC judicial reform — again. Will it ever happen?
South Carolina Attorney General Alan Wilson is renewing his push for judicial reform, following a recent state Supreme Court decision that found that a group of legislators broke the law in the way they handled a judicial candidate.
Wilson, who for years has advocated for changes in the way judges are selected in South Carolina, hosted a panel discussion Monday concerning why the state needs judicial reform, joined by South Carolina Republican Party Chairman Drew McKissick and Palmetto Family Executive Director Mitch Prosser.
It was Wilson’s second panel discussion this summer and comes after the S.C. Supreme Court ruled against a decision by the Richland County Legislative Delegation to not forward a candidate’s name to the governor, even though the candidate was the only person deemed qualified by the Judicial Merit Selection Commission.
The commission is a 10-member statutorily created body charged with considering candidates’ qualifications.
In South Carolina, candidates for judicial office must first apply to the Judicial Merit Selection Commission. 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 Gov. Henry McMaster for appointment.
“In South Carolina, we have a system of government that is not equal in its balance of power,” Wilson said. “One of the things I would like to do is bring balance back to our three branches of government so that each branch has an equal and distinct check on the other branches of government.”
On Monday, Wilson repeated calls for reforms to the judicial process, including:
- Removing the three-candidate cap on judges that can be voted on my lawmakers,
- Having the governor appoint members to the Judicial Merit Selection Commission,
- And removing some legislators from the commission.
Specifically, Wilson said he’s focused on reforming the Judicial Merit Selection Commission.
Currently, of the 10 members, six are sitting legislators. And all commissioners, including the four non-legislators, are appointed by the legislative leadership.
Wilson said the commission’s unbalanced makeup places members of the executive branch at a disadvantage.
“We spend nearly all of our time in the enforcement of the laws passed by the legislative branch, appearing before the judicial branch,” Wilson said. “Yet the executive branch of government has absolutely no say whatsoever, or no check ... on the people who are interpreting laws we’ve been charged with enforcing.”
Rather than the Judicial Merit Selection Commission being made up entirely of legislative appointees, Wilson says he wants to “strip the Legislature down and put (members of) the executive branch on the JMSC,” which he says would create more impartiality and accountability in the judicial selection process.
Lawmakers in the past have generally been resistant to judicial reform, unwilling to give up a power they’ve enjoyed for decades. But Wilson said he’s spoken to “many members” of the General Assembly and that “there’s a lot of openness to reform,” although he didn’t mention any specific names.
Pointing to the fact that this year ushers an election for both the state Senate and House, Wilson encouraged the public to leverage their voting power this fall to influence lawmakers to support reforming the Judicial Merit Selection Commission.
South Carolina is one of only two states, including Virginia, that elect judges via the General Assembly.
Wilson and McKissick emphasized that while South Carolina’s judicial selection method isn’t perfect, it’s not as bad as it could be. And the road to improvement could take many different directions.
“There’s a lot of ways to get from A to B,” McKissick said. “The main thing we need to agree with is that we need accountability, restructuring and a better public perception in terms of how the judicial branch is handled.”
This story was originally published August 14, 2023 at 2:56 PM.
