South Carolina Judicial Merit Selection Commission

by Carolyn C. Matthews

Administrative Law Judge

November 12, 2004



 

Statutory Duty of the Judicial Merit Selection Commission:



The Judicial Merit Selection Commission screens Candidates for Judgeships and reports its findings to the General Assembly.  Its investigation is thorough and extensive.  Only candidates found to be “Qualified” can be nominated.  By statute, the JMSC can nominate no more than three candidates for each Judgeship.  Thus, if more than three people file to run for a particular seat, some of them will not be nominated.

The 170 members of the House of Representatives and the Senate, sitting in Joint Session, elect Judges by majority vote.  Each member of the General Assembly has one vote.

 


Members of the Judicial Merit Selection Commission:



The JMSC is composed of the following ten members:



Senate Appointees                                         House Appointees

Senator Glenn F. McConnell                        Representative F. Greg Delleney, Jr.

Senator Thomas L. Moore                            Representative W. Douglas Smith

Senator James H. Ritchie, Jr.                       Representative Fletcher N. Smith, Jr.



Non-Legislative Commission Members

Professor John P. Freeman                           Judge Curtis G. Shaw

Mrs. Amy Johnson McLester                       Mr. Richard S. “Nick” Fisher



Administrative Assistant to the Judicial Merit Selection Commission

Gayle Addy                                                    P. O. Box 142

(803) 212-6092                                               Columbia, SC 29202

e-mail:jms@scsenate.org 

 

Functions of the Judicial Merit Selection Commission:



•  Publishes upcoming judicial vacancies, including (1) Judgeships where the term is expiring and the incumbent judge is being screened for reelection, along with any additional candidates; and (2) Judgeships which are available because of resignation, retirement or death of the Judge;

 

•  Publishes the list of candidates who filed completed applications to run for judicial vacancies within the thirty-day period after the vacancy was announced;

 

•  Formally requests that all members of the South Carolina Bar fill out and submit Questionnaires evaluating the performance and qualifications of sitting Judges and attorneys running for judicial vacancies;

 

•  Arranges for the appropriate Citizens Committee to interview the judicial candidates. The five appointed Citizens Committees on Judicial Qualifications investigate candidates within the community. They submit a report to the JMSC.

•  Administers a written examination on the law and procedure to each judicial candidate. The multiple-choice and short-answer questions are tailored to the seat sought.

 

•  Investigates and summarizes the qualifications of judicial candidates based on:

· Bench and Bar questionnaire results

· Report of the S. C. Bar Committee on Judicial Qualifications

· Written responses on the Personal Data Questionnaire              

· SLED check

· Financial and credit check

· Statement of Economic Interests check

· Grievance/reprimand check from Commission on Lawyer Conduct and

     Commission on Judicial Conduct

· Report of the local Citizens Committee

· Results of Ethics Questionnaire and campaign expenditures

· Results of newspaper articles search where the candidate’s name appears

· Copies of prior screenings

· The five letters of reference

· Results of case study search for patterns of error and research on appeals

· Personal interview with Counsel to the JMSC

· Score on written Policies and Procedures examination; and

· Investigation of any affidavits received from the public.

 

•    Conducts a Public Hearing before the full JMSC to record candidate’s testimony on any matters revealed during the investigation; and

 

•    Issues a Draft Report on Judicial Qualifications to the General Assembly after the Public Hearing. The Report states which candidates were found “Qualified”, “Unqualified”, and which were found “Qualified and Nominated”.

 

•    Forty-eight hours after the Draft Report is issued, the Report on Judicial Qualifications becomes final.Then the “Qualified and Nominated”Candidates are free to seek the support of members of the General Assembly and Legislators are free to give pledges of support to Candidates.

 

The Chairman of the Judicial Merit Selection Commission introduces a Concurrent Resolution scheduling a Joint Assembly. When both the House and Senate concur, a Joint Assembly is held in the House Chamber to elect members of the Judiciary.The Chairman of the JMSC formally places in nomination the name of each candidate who remains in each judicial race, and the members of the House and Senate cast their votes. Thecandidate who receives a majority of votes from those present and voting is elected.

 

Statutory authority for the JMSC is found at §2-19-10 of the 1976 S. C. Code, annotated. The JMSC website can be located at Judicial Merit Page.