Judicial selection in South Carolina

Judicial selection in South Carolina
South Carolina Supreme Court
Method:	Legislative election
Term:	10 years
South Carolina Court of Appeals
Method:	Legislative election
Term:	6 years
South Carolina Circuit Courts
Method:	Legislative election
Term:	6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in South Carolina, including:

• South Carolina Supreme Court,
• South Carolina Court of Appeals, and
• Limited jurisdiction courts

As of April 2023, judges of the supreme court, the court of appeals, circuit courts, and family court were appointed by the South Carolina Legislature. Judges on the Probate Court were elected by voters. Masters-in-Equity and Magistrate Court judges were appointed by the governor. Municipal Court judge selection varied by municipality.

South Carolina is one of two states in the country where judges are elected by the General Assembly rather than by the governor or voters. The other state is Virginia.

Click here to notify us of changes to judicial selection methods in this state.

South Carolina Supreme Court

See also: South Carolina Supreme Court

The five justices on the supreme court are appointed by the South Carolina Legislature to serve on the bench. The South Carolina Judicial Merit Selection Commission screens and selects candidates for judgeships and then submits a list of three names to the General Assembly. The assembly then votes on the candidates, either choosing one of the three recommendations or rejecting the entire slate.

Supreme court justices serve 10-year terms. Upon finishing their terms, judges are subject to re-election by the legislature.

Qualifications

To serve on the supreme court, a judge must be:

• a U.S. citizen;
• between the ages of 32 and 72*;
• a resident of the state for at least five years; and
• licensed as an attorney for at least eight years.

*A judge who reaches the age of 72 in office must retire by the end of that calendar year.

Chief justice

The supreme court chooses its chief justice by the same legislative election process used to select other judges. The chief serves in that capacity for ten years.

Vacancies

See also: How vacancies are filled in state supreme courts

If a judge leaves office before the end of his or her term, the vacancy is usually filled by legislative election. The appointee serves until the end of his or her predecessor's unexpired term, at which point he must be re-elected by the South Carolina General Assembly to remain on the court. If less than a year remains in an unexpired term, the governor has the option to appoint someone to the unexpired term instead.

The map below highlights how vacancies are filled in state supreme courts across the country.

South Carolina Court of Appeals

See also: South Carolina Court of Appeals

The nine judges of the court of appeals are appointed by the South Carolina Legislature to serve on the bench. The South Carolina Judicial Merit Selection Commission screens and selects candidates for judgeships and then submits a list of three names to the General Assembly. The assembly then votes on the candidates, either choosing one of the three recommendations or rejecting the entire slate.

Appeals court judges serve six-year terms. Upon finishing their terms, judges are subject to re-election by the legislature.

Chief judge

The court of appeals chooses its chief judge by the same legislative election process used to select other judges. The chief serves in that capacity for six years.

Qualifications

To serve on the circuit court, a judge must be:

• a U.S. citizen;
• between the ages of 32 and 72*;
• a resident of the state for at least five years; and
• licensed as an attorney for at least eight years.

*A judge who reaches the age of 72 in office must retire by the end of that calendar year.

Vacancies

See also: How vacancies are filled in state supreme courts

If a judge leaves office before the end of his or her term, the vacancy is usually filled by legislative election. The appointee serves until the end of his or her predecessor's unexpired term, at which point he must be re-elected by the South Carolina General Assembly to remain on the court. If less than a year remains in an unexpired term, the governor has the option to appoint someone to the unexpired term instead.

South Carolina Circuit Courts

See also: South Carolina Circuit Courts

South Carolina Circuit Court judges are appointed by the South Carolina Legislature. The South Carolina Judicial Merit Selection Commission screens and selects candidates for judgeships and then submits a list of three names to the General Assembly. The assembly then votes on the candidates, either choosing one of the three recommendations or rejecting the entire slate. Circuit judges serve six-year terms. Upon finishing their terms, judges are subject to re-election by the legislature. To serve on the circuit court, a judge must be a U.S. citizen, between the ages of 32 and 72, a resident of the state for at least five years, and licensed as an attorney for at least eight years.

Limited jurisdiction courts

South Carolina has five types of limited jurisdiction courts: Masters-in-Equity courts, Family courts, Magistrate courts, Municipal courts, and Probate courts.

Family Courts

Judges of the South Carolina Family Courts are each elected to six-year terms by the state legislature. The South Carolina Judicial Merit Selection Commission screens and selects candidates for judgeships and then submits a list of three names to the General Assembly. The assembly then votes on the candidates, either choosing one of the three recommendations or rejecting the entire slate. Upon finishing their terms, judges are subject to re-election by the legislature.

To serve on this court, a judge must be a U.S. citizen, a state resident for five years, a circuit resident, a licensed attorney for eight years, and between the ages of 32 and 72.

Magistrate Courts

Judges of the South Carolina Magistrate Courts are each appointed to four-year terms by the governor with the advice and consent of the state Senate. To serve on this court, a judge must be a U.S. citizen, a state resident for five years, between the ages of 21 and 72, and have a bachelor's degree.

Municipal Courts

Judges of the South Carolina Municipal Courts are appointed to terms of varying lengths by the municipality where they serve. Term lengths are typically between two and four years. The requirements to serve on this court vary by municipality.

Masters-in-Equity Courts

Judges of the masters-in-equity courts are each appointed to six-year terms by the governor with the advice and consent of the General Assembly. To serve on this court, a judge must be a U.S. citizen, between the ages of 32 and 72, a resident of the state for at least five years, and licensed as an attorney for at least eight years.

Probate Courts

Judges of the South Carolina Probate Courts are each elected to four-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be a U.S. citizen, a qualified elector of the county, older than 21 years of age, and have either a bachelor's degree or four years of experience as an employee in a probate judge's office.

History

Below is a timeline noting changes to judicial selection methods in South Carolina.

• 1996: A constitutional amendment was approved by voters, bringing new changes to the state's selection processes the following year:
  • The South Carolina Judicial Merit Selection Commission was established to screen and recommend judicial candidates to the General Assembly.
  • Current members of the General Assembly were prohibited from running for judicial office for at least one year after leaving the assembly.
  • Vote swapping for either judicial votes or votes on legislation was prohibited.
• 1990: A statute passed prohibiting legislative pledges of support for judicial candidates until after the screening process had been completed.
• 1984: Voters approved a constitutional amendment making the court of appeals a constitutional court. The amendment was ratified by the South Carolina General Assembly the following year.
• 1979: The General Assembly created a court with exclusive appellate jurisdiction of criminal and family court cases.
• 1976: A joint committee for the review of judicial candidates was created.
• 1911: Terms of supreme court justices were extended to ten years.
• 1895: Terms of supreme court justices were extended to eight years.
• 1868: Terms of supreme court justices were set at six years; terms of circuit court judges were set at four years.
• 1865: Superior and inferior court judges were elected by the General Assembly. Superior court judges served for life while inferior court judges served for four years.
• 1790: Superior court judges were elected for life by joint ballot measure of both houses of the General Assembly.
• 1778: All judges were elected for life by the state Senate and state House.
• 1776: All judges except those of the chancery courts were elected for life by the General Assembly and legislative council.

Proposals to change selection method

2010

Judge Frances P. Segars-Andrews of the Ninth Judicial Circuit Family Court filed a lawsuit in the case of Frances P. Segars-Andrews v. Judicial Merit Selection Commission, et al. Segars-Andrews was not recommended for re-election by the Judicial Merit Selection Commission (JMSC) in 2010. Following the decision, the judge challenged it on the grounds that the composition of the JMSC violated the separation of powers and that legislative members were essentially dual office holders. The latter was prohibited in the South Carolina Constitution.

The case was heard by the South Carolina Supreme Court, based on original jurisdiction. The court ruled in favor of JMSC, finding that the constitution did not prohibit legislators from serving on the commission.

During the lawsuit, the League of Women Voters of South Carolina filed an amicus curiae brief in support of the challenge. It contended that the JMSC "serves as 'gatekeeper' to keep many qualified, diverse, and independent people screened out of the selection process."

1996

In 1996, voters approved South Carolina Referendum 4B. This constitutional amendment created the Judicial Merit Selection Commission to screen and select nominees for vacancies on the supreme court, the court of appeals, circuit courts, and family courts. The commission was instituted the following year.

Before the formation of the commission, a joint committee in the South Carolina General Assembly would review applicants and recommend nominees for vacancies on the courts. That committee was not bound by statute or specific qualifications for candidates. It was also unable to remove an applicant from the process based on a lack of qualifications.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Official website of the South Carolina Judicial Department
• South Carolina Judicial Department, "How Judges Are Elected in South Carolina"

Footnotes

South Carolina courts

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Federal courts:

Fourth Circuit Court of Appeals • U.S. District Court: District of South Carolina • U.S. Bankruptcy Court: District of South Carolina

State courts:

South Carolina Supreme Court • South Carolina Court of Appeals • South Carolina Circuit Courts • South Carolina Masters-in-Equity • South Carolina Family Courts • South Carolina Magistrate Courts • South Carolina Municipal Courts • South Carolina Probate Courts

State resources:

Courts in South Carolina • South Carolina judicial elections • Judicial selection in South Carolina