Justice System: South Carolina

The South Carolina judiciary is composed of the Supreme Court, the court of appeals, and the circuit court. There are also numerous trial courts of limited jurisdiction, organized into family, probate, equity, magistrate, and municipal courts. South Carolina is one of only two states whose legislature is responsible for selecting judges.

Overview of SC Court System

• Circuit Court
• Court of Appeals
• Supreme Court

Overview of Attorney General
Henry McMaster., Attorney General (Republican) 

• Elected in 2002.
• Reelected in 2006
• Announced candidacy for 2010 gubernatorial election

Contingency Fees and the Attorney General
Although South Carolina has almost no restrictions on the use of contingency contracts for private counsel – it merely prohibits the government from engaging private counsel on a contingency basis without written agreement prior to the initiation of the representation – it has enacted a fairly progressive pay-to-play law. South Carolina prohibits government contractors from making campaign contributions to officials responsible for issuing government contracts.

(Taken from Bounty Hunters On The Prowl: The Troubling Alliance Of State
Attorneys General and Plaintiffs’ Lawyers; by John Beisner, Jessica Davidson Miller, and Terrell McSweeny; May 26, 2005)


Supreme Court Justice System

The Supreme Court is the highest court in South Carolina. The Court is composed of a Chief Justice and four Associate Justices who are elected to ten-year terms by the General Assembly. The terms of the justices are staggered and a justice may be reelected to any number of terms. (Supreme Court) 

Current Judges

Chief Justice Jean Hoefer Toal
• Elected to the Supreme Court in 1988, 1996 and 2004

Justice Costa M. Pleicones
• Elected to the Supreme Court in 2000 and retained in 2006

Justice Donald W. Beatty
• Elected to the Supreme Court in 2007

 Justice John W. Kittredge
• Elected to the Supreme Court in 2008

Justice Kaye Gorenflo Hearn
• Elected to the Supreme Court in 2009

Judicial Selection Committee
Created in 1997, the judicial merit selection commission considers the qualifications and fitness of candidates for South Carolina courts. The commission is composed of ten members. Five members are appointed by the Speaker of the House of Representatives; of these five, three must be serving members of the general assembly and two must be selected from the general public. Three members are appointed by the chairman of the Senate Judiciary Committee and two members are appointed by the President Pro Tempore of the Senate; of these appointments, three must be serving members of the General Assembly and two must be selected from the general public.

The judicial merit selection commission publishes upcoming judicial vacancies, including judgeships where incumbent judges are being screened for reelection. Individuals who wish to be considered for a judicial vacancy file with the commission. The commission investigates each candidate's background, conducts a personal interview with each candidate, and administers an exam on court procedure to each candidate (except retired judges). The commission receives assistance in screening judicial candidates from two sources: the South Carolina Bar's judicial qualifications committee and a citizens committee on judicial qualifications:

• The judicial qualifications committee of the South Carolina Bar is responsible for interviewing bar members who have knowledge of the candidates' professional experience, ability, character, and other qualifications. The candidates provide personal information and complete a confidential interview process with the judicial qualifications committee. A report is then prepared, discussed, voted on, and issued, indicating whether the candidate meets or does not meet established criteria for judicial selection. In addition, the judicial merit selection commission invites all members of the South Carolina Bar to return questionnaires on the performance and qualifications of sitting judges and attorneys running for judicial vacancies.

• There are five geographically-based citizens committee on judicial qualifications in South Carolina that screen candidates for appellate judgeships from their respective regions. Citizens committees were created out of a desire for "broad-based grassroots participation" in judicial selection. The chairman of the judicial merit selection commission selects no more than eight members for each committee, and is expected to ensure that a wide range of interests is represented on each committee. The committee investigates and conducts personal interviews with each candidate, and interviews individuals who are familiar personally and/or professionally with each candidate.

Once the screening process is complete, the judicial merit selection commission prepares a formal report summarizing the qualifications of each candidate, classifying each candidate as qualified or not qualified, and nominating up to three individuals for each judicial vacancy. At this point, nominees are free to seek the support of general assembly members, and legislators are free to give pledges of support. A joint assembly is then scheduled to elect a nominee to fill each vacancy.