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Thursday, March 28, 2024 - 05:58 PM

INDEPENDENT CONSERVATIVE VOICE OF UPSTATE SOUTH CAROLINA

First Published in 1994

INDEPENDENT CONSERVATIVE VOICE OF
UPSTATE SOUTH CAROLINA

There is mounting evidence that South Carolina’s legal system falls short of being a legitimate system of justice. The South Carolina Legislature just voted to give South Carolina Supreme Court Chief Justice Jean Toal another ten-year term in that powerful position.  Justice Costa Pleicones, a judge who sits on her court, challenged Toal. Chief Justice Toal has not been a model citizen during her tenure as South Carolina’s C Chief Judge. She allegedly has had at least three traffic violations, including drunk driving, speeding and leaving the scene of an accident.

The South Carolina system of lawmakers appointing judges leaves much to be desired. South Carolina and Virginia are the only states that allow the legislature to appoint judges. This system invites corruption, fraud and deal making and has been instrumental is keeping the “good old boy” South Carolina Democrat coalition in control of South Carolina government for several decades after the illusion of Republican Party control was declared.  Evidence of deal making was reported during the political wrangling prior to the reappointment of Toal.

It was Toal’s court that forced Governor Sanford to accept stimulus money after he had rejected it. It was Jean Toal’s court that threw off the ballot nearly every candidate challenging an incumbent in 2010.

The State newspaper labeled House Speaker Bobby Harrell one of Toal’s “Lieutenant Lawmakers.” Harrell is currently under investigation for public corruption by the State Grand Jury. If indicted, his case could end up before Jean Toal. He was reportedly gathering vote commitments from house members who are dependent on the Speaker for committee appointments and other perks.

In general terms, this is how the appointment of judges happens in South Carolina: The House Speaker and other key lawmakers appoint a panel to select three candidates for each judgeship to be voted on by the legislature. The Speaker’s brother serves on the 10-member Judicial Merit Selection Commission.  Lawmakers vote to select the candidate of their choice to be a judge. The numerous attorneys in the legislature who are attorneys then represent clients in cases to be decided by judges they appoint. Members of the legislature pass laws and the judges they appoint interpret the laws.

South Carolina’s “Judicial Accountability” was given an “F” by the independent State Integrity Project that ranked South Carolina government the “fifth most corrupt” in the nation.

Chief Justice Jean Toal receives an annual judicial salary of $148,350. The Nerve, an affiliate of the South Carolina Policy Council reported that Toal said she began receiving retirement payments of about $131,000 annually on June 3, 2010.

The average annual retirement benefit for members of the legislature is $18,560, for police officers $19,401, and general state employees $19,497.

South Carolina government has 5 retirement systems – the one for judges is the smallest serving only 201 retirees. The largest has 127,777 retirees that include general employees and public school teachers.

I have lived in states where judges are elected by the people and are accountable to the people for their accomplishments and failures. They tend to treat people appearing before them with respect and fairness. They are accountable to the voters who appear in their court, not a small group of powerful politicians who as attorneys represent clients in their courts for outlandish fees, because the outcome of the case is predictable based on the relationship between the lawyer and the judge.

The legislature will never give up their judicial powers voluntarily. It will require an organized grass roots effort that is persistent and tied to the election of incumbents.

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