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A Major Judicial Reform Vote – And Why it May Never Become Law

“If South Carolinians want real reform, they must speak up now…”

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by JOE WHITE

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This week, the South Carolina House of Representatives took a dramatic step toward reshaping how judges are selected in our state.

By a vote of 8625, the House passed H. 4755, a bill that would fundamentally change the balance of power between the legislative, executive and judicial branches of South Carolina government. After its third reading, the bill now heads to the Senate – and that’s where things get complicated.

The first roadblock is the Senate judiciary committee.

When this legislation arrives in the Senate, it will be referred to the judiciary committee, which is chaired by senator Luke Rankin of Horry County. Senator Rankin has already stated publicly that he believes the bill “goes too far.” As committee chairman, he has the authority to hold the bill indefinitely – never scheduling it for debate, never allowing a vote, and never letting the full Senate weigh in.

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A bill can die quietly in committee without a single senator ever having to cast a recorded vote.

There is one procedural escape hatch – a way around the roadblock. The Senate majority leader, Shane Massey, can move to bring the bill directly to the Senate floor without going through the judiciary committee.

But senator Massey has also expressed concern about the bill, saying he believes it goes too far.

That leaves H. 4755 in the hands of two Senate leaders who are openly skeptical of it.

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WHAT THE BILL DOES

Under current law, judges in South Carolina are screened and credentialed by the Judicial Merit Selection Commission (JMSC), a body long controlled by the legislature.

Two years ago, lawmakers passed a limited reform allowing the governor to appoint four of the twelve members of the JMSC.

H. 4755 goes further. Under this bill:

  • All twelve members of the JMSC would be appointed by the governor.
  • The legislature would be removed from the credentialing process
  • The General Assembly would retain final authority to approve or reject judges.

This mirrors the federal model, where the executive nominates and the legislative branch confirms.

What the bill doesn’t do is give the governor unilateral power to appoint judges. Even after credentialing, all 170 legislators vote on whether a candidate is elected to the bench.

That is the check and balance.

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RELATED | WEAPONIZED GOVERNMENT

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WHAT CITIZENS CAN DO

If South Carolinians want real judicial reform, they must speak up now. Citizens should contact senator Luke Rankin and senator Shane Massey and demand that H. 4755 receive a full Senate vote – without amendment.

Amendments would likely kill the bill by sending it back to the House weakened beyond recognition.

The bigger lesson? H. 4755 shows how difficult real reform is – and how easily it can be stopped without accountability. If the bill never reaches the Senate floor, the public deserves to know why – and who made that decision.

Judicial reform will only happen if citizens demand it.

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ABOUT THE AUTHOR…

Joe White (File)

Joe White is a retired businessman and proud member of the S.C. Freedom Caucus who represents South Carolina House District 40 in the General Assembly.

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