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When the next session of South Carolina’s General Assembly is gaveled to order in January, state lawmakers will face the usual mountain of challenges – most notably anemic employment and lagging prosperity, both of which persist despite massive increases in state funding.
They must also find a way to make good on their so-called “top priority” – expanded school choice.
Among the earliest chores lawmakers must tackle will be the election of more than fifty (50) new judges during a joint legislative session scheduled for February 5, 2025. South Carolina is one of only two states in the nation where lawmakers choose judges, a process which has been rife with abuse and corruption.
Because Palmetto State lawyer-legislators enjoy disproportionate influence over the judges they elect, this process has been rightfully derided as unjust. Sadly, “Republicans” and Democrats do nothing to disabuse the public of that notion – and even less to address the underlying problem. The coming legislative session is shaping up to be no different as one candidate for the bench already has tongues wagging — in a bad way.
“It’s a textbook example of the overly cozy connection between judges and (the) lawyer-legislators who select them,” one disgusted capital observer told us.
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When the S.C. Judicial Merit Selection Commission (JMSC) — the much-maligned panel which screens candidates for legislative consideration — submitted its latest slate of nominees last week, one opening in particular aroused attention.
The JMSC recommended three contenders for a powerful circuit court seat previously held by Bentley Price of Charleston, S.C. Price was unceremoniously booted from the bench last year after repeatedly doling out lenient sentences to violent criminals – including those represented by lawyer-legislators.
Three names have been put forth to fill this vacancy: Criminal defense attorney Bryan Alfaro, business and contracts lawyer Thomas J. Rode, and real estate attorney Bruce Wallace.
Rode is the candidate who has people buzzing – not because of his qualifications (or lack thereof) but because of who he works with and, according to our sources, who is not-so-quietly promoting him for the job. Rode is a partner at the Charleston law firm of Thurmond, Kirchner, Timbers, P.A. – where he works with attorney Robert D. Robbins.
The problem? Robbins is also state representative Robby Robbins, a “Republican” from Summerville, S.C. whom we are told has been actively lobbying for Rode’s election. Regular members of our audience will recall Robbins was a full-throated supporter of the Palmetto State’s corrupt judicial selection process last session – lecturing reformers on the influence he and his colleagues so unscrupulously wield.
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“You need to recognize up front that we have a legislative state,” Robbins said during a December 2023 hearing. “The power the state constitution has is vested in the legislature.”
Clearly. But that doesn’t make lawyer-legislators trying to get their cronies installed as judges any less a conflict of interest…
“Partners of legislators should not be running for judicial appointments, and legislators should not be pushing their partners,” one source told us.
There was some interest in fixing South Carolina’s corrupt judicial selection process last year. A measure was signed into law in July that provided a small step in the right direction, but it fell far short of the long-overdue changes that the system clearly requires.
Even status quo governor Henry McMaster agrees with us.
“Entrusting a single branch of government with effective control over the screening and selection of candidates and exclusive control over their election is not only inconsistent with the separation-of-powers principles enshrined in our Constitution, but it has also created at least the public perception that the process elevates a candidate’s influence and connections over merit and objective qualifications,” McMaster wrote in urging lawmakers to do more.
The question now becomes, was last year’s effort a “one and done?” Or does the General Assembly have the political will necessary to deliver substantive change when it comes to judicial selection reform?
Looks like we will find out in February…
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ABOUT THE AUTHOR …
J. Mark Powell is an award-winning former TV journalist, government communications veteran, and a political consultant. He is also an author and an avid Civil War enthusiast. Got a tip or a story idea for Mark? Email him at mark@fitsnews.com.
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3 comments
Speaking of Bentley Price the SC Court of Appeals just posted two cases in which he granted Summary Judgment to his friends were Reversed. In Appellate Case 2022-000231 (Forum Benefits) the Court stated: “we are compelled to note the trial judge’s (Bentley Price) behavior, particularly in taking a party’s witness to his chambers without any counsel present, raised at a minimum the appearance of impropriety.” The court made this point after acknowledging that he is no longer a judge. Forcing witnesses and parties to his chambers without counsel is exactly what he did in the Lujac case as to the Plaintiff. Guess who was counsel for the Defendants in that case? Yep, Alice Paylor the same attorney who has written several of Bentley Price’s Summary Judgment Orders near all of which that were appealed have been reversed! The other issued opinion reversing in part Bentley Price is 2022-000328. Hopefully the SC Court of Appeals will feel “compelled” to alert the SC Bar.
Bruce Wallace is the best candidate in that race. Pretty easy choice.
A upstate judge , A.K. ,routinely is as lenient as Price and flaunts the rules and Supreme Court orders on a regular basis. His buddy, the now former chief justice always looked out for him. Thanks goodness that he has reached retirement age and is off the bench at years end. Let’s hope that the current chief justice uses his usual sound judgement and denies him retired status and keeps him off the bench for good.