Group wants governor to appoint all members to South Carolina’s judicial vetting panel
- SCCLR Newsletter
- 4 days ago
- 3 min read
By: Sophie Brams
COLUMBIA, S.C. (WCBD) – A group of state lawmakers is planning to introduce legislation that would remove the legislature’s authority to determine who sits on the panel that vets judicial candidates in South Carolina.
The measure is being backed by DOGE SC, a political action committee founded by Isle of Palms resident Rom Reddy that is intended to mirror efforts at the federal level to reduce the size and scope of government.
“Restoring the separation of powers and checks and balances that our Founders fought and died for are foundational to the Palmetto Revolution,” said Reddy. “If our Founders were ready to die for it, we should be ready to fight for it.”
South Carolina is one of only two states, along with Virginia, where judges are picked by the General Assembly.
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This is done through a process in which a panel known as the Judicial Merit Selection Commission screens applicants and then presents a pool of qualified candidates to the full legislature for a vote.
Nothing in current law precludes lawyer-legislators from serving on the JMSC, and critics have long argued that their presence on the panel creates conflicts of interest and undermines both accountability and transparency within the process.
“The way that judges are selected in our state is unquestionably skewed in the favor of powerful lawyer-legislators,” said Rep. Jordan Pace (R-Berkeley), chair of the South Carolina Freedom Caucus. “This unfair system has been abused over and over.”
Lawmakers took steps to address those concerns by passing a law with bipartisan support last year that expanded the size of the panel from 10 to 12 members, giving four appointments to the governor, four to the Senate, and four to the House. It also imposed two-year term limits for commission members and restricted them from serving more than two consecutive terms.
Some lawmakers have said those reforms weren’t adequate enough and are pushing to see even broader changes within the system.
“I’m proud of the progress we made, but I’ve also said from day one it didn’t go far enough,” said Sen. Wes Climer, a York County Republican who sponsored the 2024 reform bill. “We still have lawyer-legislators hand-picking judges they later appear before in court. That’s a system designed for insiders, not citizens.
Climer is preparing a Senate bill he claims “finishes the job” by giving the executive branch control over the JMSC.
While exact language is still being drafted, the proposal would generally call for the governor to appoint all 12 members to the commission. Those members would then recommend judicial candidates to the legislature, which could then confirm nominees by a simple majority vote.
“The Legislature should never control the judges who interpret our laws,” said Sen. Michael Johnson (R-York). “This reform reclaims the separation of powers our Founders intended and puts South Carolina one step closer to a government that serves the people, not itself.”
It would operate slightly differently than the federal model, in which the executive directly appoints judges with the “advice and consent” of the Senate. Although that model has been endorsed by some, including a few candidates for governor, eliminating the JSMC would require an amendment to the state constitution.
Still, some lawmakers see shifting JMSC appointment power to the governor as a step toward re-establishing public confidence in the process.
“South Carolina has a chance to do something lasting – to restore trust by reforming the way we choose our judges,” said Rep. Gil Gatch (R-Dorchester), who is co-sponsoring a companion proposal in the House.
So far, no Democrats have spoken out in favor of the specific proposal. A statement from the SC Senate Democratic Caucus indicated its members are waiting to see the finalized language before weighing in.
“The Senate Democratic Caucus is reviewing the proposal and awaiting the release of the full bill text,” the statement read. “We believe any conversation about judicial reform should be thoughtful, transparent, and focused on strengthening public trust in South Carolina’s courts.”
The bill is expected to be pre-filed in early December, about a month before the start of the legislative session.
