South Carolinians Overwhelmingly Support Judicial Reform

Republican voters are clear: Wipe the slate clean

President Trump slaughtering Nikki Haley in South Carolina wasn’t the only interesting outcome from the Republican primary election on Feb. 24.

That same day, South Carolinians—almost unanimously—signaled their desire to wipe the bench clean of judicial activists who use their positions to further their political views and personal interests. Will Republican legislators listen?

In that GOP primary, 91 percent of South Carolina voters overpoweringly said “YES” to this question:

Should [South Carolina] adopt reforms to increase the independence and accountability of our judiciary by improving transparency and reducing conflicts of interest in the process of reviewing judicial qualifications and electing judges?

To align with the will of the voters, Republican legislators are already hard at work trying to pass legislation regarding how judges are chosen. There are over a dozen bills on the topic of judicial reform currently making their way through the state legislature.

Currently, a committee of lawyers and citizens screen candidates for the bench and then ultimately forward three names to the legislature to be considered and chosen by majority vote. Judges go through this process every six years—every 10 years for the state’s supreme court justices. This process is defined in the South Carolina constitution, so any significant changes may require a constitutional amendment.

Dozens of judicial positions in South Carolina are on hold because there is a bipartisan effort to enact new procedures prior to putting these judges up for a vote.

South Carolina Attorney General Alan Wilson told Restoration News that under the current system for selecting judges, “power is consolidated while accountability is dispersed. That needs to change.”

He added:

By giving the executive branch, the Governor, a seat at the table when it comes to judicial selection, and ensuring the Judicial Merit Selection Commission (JMSC) functions as the “Judicial Merit Qualification Committee” we can bring transparency and accountability to our judicial process. Government serves the people best when there is a balance of powers. But right now, there is an imbalance of power between the three branches of government. It’s time for that to change and I’m glad the overwhelming majority of people agree.

Stop Backdoor Dealings and Power-Hungry Judges

Concerns about the current process relate to attorney-legislators who use their influence to benefit their clients in courtrooms. The Judicial Merit Selection Commission (JMSC) is the group that selects three finalists to then have one elected by the legislature. The JMSC is comprised of 10 members, 6 of those must be legislators—all 6 are attorneys.

In a letter sent to Senate Speaker Murrell Smith (R) and Judiciary Committee Chair Luke Rankin (R), state solicitors (district attorneys) advocated for the removal of lawyer-legislators in the judicial selection process including those who serve on the JMSC. The letter highlighted some disturbing behind the scenes deals in which a legislator appeared to be receiving favorable treatment for his clients, including early releases for violent criminals. These deals often took place during secret court proceedings.

Judges should not be compromised and should stick with the Justice Antonin Scalia method of interpreting the U.S. Constitution—as it was written and intended at the time—rather than using their positions to create law or personally benefit their friends.

Perhaps the most egregious recent example of a wayward judge was with New York judge Arthur Engoron during the civil case brought against President Trump. Engoron’s childish giddiness made a laughingstock of the U.S. justice system.

When the camera moved in for a close-up, he actually took off his glasses, giggled and posed like a little schoolboy as courtroom proceedings were beginning.

fox engoron smirk
CAPTION: Arthur Engoron. Source: Fox News

Even though the reaction to his one minute of fame wasn’t bad enough, Engoron has donated exclusively to Democrats and stated of his judicial conclusions, “It’s hard to factor out my own emotions”—a fundamental expectation of our judges.

This was one of the most high-profile cases in the nation and this biased judge was too pompous to recuse himself.

It’s obvious from the primary ballot results that South Carolinians want changes in the judicial selection process that keep out tainted judges like Engoron. Those leading the effort for reform in the state legislature need to stand their ground and take action to adhere to the voice of their constituents.

South Carolina Republican voters certainly want to improve the justice system; South Carolina legislators better listen to those who put them in office. Stop the backdoor dealings and keep biased judges off the bench.

(READ MORE: Why Won’t Swing State Democrats Deport Illegal Aliens Committing DUIs?)

Victoria Manning is a Senior Investigative Researcher for Restoration News and author of "Behind the Wall of Government Schools." She served 8 years as an elected school board member with a master’s degree in law. She also brings the perspective of a military spouse and mother to her reporting.

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