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Friday, January 01, 2010

 
RE-EVALUATING THE JUDICIAL SELECTION PROCESS IN SOUTH CAROLINA

Barbara S. Williams writes in "Important constitutional issues are raised by judge's lawsuit," "It's taken more than a decade, but there's now a serious challenge to the legality of the 10-member Judicial Merit Selection Commission that decides who is qualified to serve as judges in this state." She goes on to write:
It's no secret that the Legislature passes numerous pieces of legislation that have major constitutional issues, even ignoring opinions from the attorney general's office. For the most part, the time and expense involved allows these laws to stand unchallenged, with the efforts of Greenville's citizen-watchdog, Edward Sloan, a major exception. This time, more than 10 years after the fact, it took a highly controversial decision to rouse members of the legal community to look critically at the composition of the commission (emphasis added).
We agree that there is a need for reform in South Carolina regarding the manner in which judges are selected. And we also agree that there are serious constitutional questions about the present process. What we are interested in knowing is why, if the present method is so obviously flawed, it was not challenged earlier by those who are challenging it now.

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Comments:
Looks like the Democrats liked this system as long as they got the judges they wanted.
 
We are not sure what you mean by your reference to the Democratic Party. It is our understanding that the Republican Party is the majority party in the South Carolina General Assembly
 
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