The cornerstone of our republic is that we have now three separate and co-equal branches of presidency: govt, legislative and judicial. This separation of powers ensures every department first checks, after which balances, the powers of the others.
South Carolina’s authorities mirrors this design, however with a major flaw: The legislative department dominates the judicial department to the detriment of our justice system and the general public it serves. The flaw is structural, and it’s critically essential that the Legislature takes instant motion to enhance the operation of the courts, enhance public security and ship justice for victims in South Carolina.
In our state, most state and native judges (besides notably probate judges, who’re elected, and magistrates, who’re technically appointed by the governor) are appointed by the Legislature. We’re one in all solely two states that permit this choice technique. The Legislature additionally funds the judiciary. Each few years, judges should search reappointment, at which level the Legislature might deny them at both the judicial screening fee degree or via a vote of the total Home and Senate. In brief, the Legislature hires the judges, pays the judges and might fireplace the judges.
Along with violating this fundamental constitutional precept of separation of powers, our present technique of electing judges compounds the issue by giving an outsize affect to a a lot smaller group of senators and representatives — lawyer-legislators who sit on the judicial screening fee. These highly effective state lawmakers then seem within the courtrooms of the judges they elected to argue on behalf of felony defendants and different non-public litigants. It might require a suspension of disbelief to significantly argue that any judges might ignore how somebody who performed such an important function in getting them elected, or reelected, is arguing a case of their courtroom.
Along with equity and the looks of equity, this judicial choice technique offers rise to different issues. Lawyer-legislators have absolute safety from being summoned to court docket for seven months a 12 months whereas the Legislature is in session. The opposite 5 months they’ve restricted safety if legislative duties “create a battle.” Felony circumstances have been delayed for years attributable to lawyer-legislators asserting this safety to maintain their consumer out of court docket. Final 12 months, the state’s chief justice tried to limit this privilege in older circumstances. This met with criticism from lawyer-legislators, and that restriction lasted solely at some point earlier than it was quietly withdrawn by way of electronic mail. This was simply one in all many examples of the ill-advised affect of lawyer-legislators.
Even worse, the outsize affect within the appointment course of by this small group of lawyer-legislators (with none actual accountability) usually leads to judicial selections that merely don’t mirror the need of the folks of our state. Far too many rulings, and at instances commentary, from our state courts have demonstrated a critical disconnect with the values and priorities of our residents.
Our present technique of choosing judges in South Carolina is offensive to American authorities, and this observe should finish. Just one different state permits this choice technique. So, how can we repair this downside? A brand new system should be put in place — one that permits for each legislative and govt department enter within the collection of judges. The brand new system additionally should finish the Legislature’s capacity to dismiss or take away judges besides by impeachment.
As well as, to forestall full monetary subservience, the funds of the judiciary needs to be set every year as a share of the general state funds or the quantity appropriated the earlier 12 months, whichever is extra. The judicial department should have this ingredient of independence to ship really unbiased justice that’s in line with the values of its folks.
As elected sheriffs and solicitors of our nice state, we’re chargeable for the protection of our residents. Reforming the judicial choice course of will probably be an unlimited step in the correct course on this battle for justice. Please contact your state consultant and senator right this moment, and inform them that judicial reform needs to be a high precedence for the 2023 session.
David Pascoe is 1st Circuit solicitor, and Leon Lott is Richland County sheriff. Different contributors to this column are Solicitors Kevin Brackett (sixteenth Circuit), Rick Hubbard (eleventh Circuit) and David Stumbo (eighth Circuit), Saluda County Sheriff Josh Worth, Greenville County Sheriff Hobart Lewis and York County Sheriff Kevin Tolson.
