Improving Perceptions Of South Carolina’s Judicial Climate Requires Accountability
- SCCLR Newsletter
- Feb 6
- 3 min read
By: Alan Wilson/FITS Forum
“Let’s clean up our courts and ensure a fair, balanced system that benefits all South Carolinians…”
Over the past several years, I’ve traveled the state advocating for needed reforms on how South Carolina judges are elected. I commend our legislature for enacting changes set to take effect in July 2025 that will increase accountability and the balance of power between the executive, legislative, and judicial branches of government.
While these reforms are a significant step forward, more must be done to address systemic issues within our courts that impact South Carolinians every day.
South Carolina’s judicial climate is at a crossroads. I have always supported an independent judiciary, recognizing the critical role judges play in shaping legal precedents that will impact our state for decades. Their decisions influence not only individuals in the courtroom but also the broader economic landscape. Businesses considering moving to or investing in South Carolina evaluate our legal system carefully, seeking fairness and predictability.
While the vast majority of our judges work diligently to ensure fairness and predictability are received by all who appear before them, perception is often reality, and at times businesses conclude that our current system fails to provide either of these qualities.
Unfortunately, many in the business community have informed me that South Carolina is gaining a reputation nationally and internationally for various types of lawsuit abuse. They cite the asbestos docket as a primary example. South Carolina asbestos litigation is currently ranked third in the nation for judicial “hellholes” by the American Tort Reform Foundation – a ranking that places us behind only New York’s and Pennsylvania’s court systems.
This reputation has real consequences. Many of the cases on our asbestos docket have resulted in multimillion-dollar verdicts, driving up tort costs across the state. In 2023 alone, tort costs in South Carolina reached $738 per person, resulting in $2.4 billion in lost personal income. These costs aren’t absorbed by businesses — they’re passed on to consumers, making goods and services more expensive for families across the state.
Business owners I’ve spoken with consistently raise concerns about frivolous lawsuits that force companies to settle out of court simply to avoid drawn-out litigation. They view these lawsuits as attempts to fleece companies for large payouts, rather than legitimate claims for justice. This perception damages South Carolina’s reputation as a business-friendly state and deters companies from investing here.
Addressing these issues requires meaningful reform. We must ensure that all judges presiding over litigants in South Carolina are accountable to the people; however, we have retired judges that are not required to be reviewed and are not answerable to the people like full-time judges. Several legislative solutions to this problem have been proposed that I believe deserve serious consideration:
• Require all retired judges serving in temporary roles to undergo a retention vote by the legislature every two years. Currently judges serving in retired status do not get voted on by the legislature. This is in addition to the rule requiring retired judges to be found qualified by the 12 members of the JMSC. This would increase accountability and ensure that judges continue to serve with the confidence of all members of the legislature.
• Implement a mandatory full retirement age determined by the legislature for judges in retired status. This would balance the need for judicial experience with the benefits of fresh perspectives.
• Establish term limits for retired judges serving in temporary roles. Judges should serve for a defined period, ensuring they do not remain in indefinite service.
These suggested reforms should be considered as measures to restore public trust in our courts and improve perceptions about the state’s judicial climate. Our judicial climate impacts everyone — businesses, consumers, and families.
Therefore, I urge our lawmakers to think critically about these proposals as they consider further reforms in the upcoming legislative session. Let’s clean up our courts and ensure a fair, balanced system that benefits all South Carolinians.
