The Balancing Act: Preventing Government Overreach in South Carolina
As of 2023 South Carolina was only one of two states in the entire country where the legislative branch had complete control over nominating and selecting judges to the state courts.
The state constitution tasked the legislature, largely made up of practicing lawyers, to nominate and confirm the judges who would be hearing their cases. It was the political equivalent of a football team selecting the referees who work their games.
Legislators took advantage of the system that lacked the standard checks and balances, which often undermined the qualifications of the appointments and gave way to patronage politics.
This broken system went unchallenged for decades until Americans for Prosperity introduced a judicial reform bill, putting a stop to the corruption and misuse of the system.
South Carolina’s Legislature: Holding the Keys to the Kingdom
America’s system of checks and balances was designed to prevent any one branch of government from becoming too powerful. South Carolina’s glaring violation of this core tenant went unchallenged as it was politically advantageous for legislators to keep the system as it was.
The Judicial Merit Selection Committee, made up of legislators, was South Carolina’s only mechanism for nominating judges to civil, criminal, and even the state Supreme Court for the General Assembly to confirm.
Legislators abused the system for decades, wielding their unchecked power to produce unqualified and politically compromised judges delivering favorable rulings. This was largely because over 70% of legislators in the statehouse were attorneys who had an existing portfolio of clients. For this reason, legislators were essentially selecting the judges who would decide the outcome of their client’s trials. In addition, eligibility requirements for appointments were vague and undefined, often leaving qualifications to be interpreted loosely or ignored entirely.
“There was a tremendous lack of trust throughout the state around the process of how our judges were put in their positions,” recalls Candace Carroll, AFP-SC Director of Public Affairs.
Tired of the inaction, AFP set out to end the political favoritism enshrined in the South Carolina Constitution and pushed for government accountability and transparency. But they faced strong opposition from the legislature who built careers off the system AFP sought to dismantle.
AFP Rebuilds a Once-Corrupt System
In the summer of 2023, AFP sprang into action coordinating with policy champions on S1046, which gave the governor the authority to appoint one-third of the Judicial Merit Selection Committee, putting a check on the legislature’s power and broadening the panel of decision makers. The bill also imposed term limits on the selection committee, required written justification for judge selection, and routine performance reviews to ensure appointments are merit-based and qualified.
To garner support for the bill, AFP delivered powerful testimony, deployed policy experts to speak on the realities of the broken system and engineered a statewide media campaign to educate constituents and apply pressure for change. They also mobilized concerned citizens and stakeholders at rallies and events, including a Lobby Day where activists engaged lawmakers on judicial reform.
“It wasn’t until AFP’s involvement that we started to see actual movement on a bill like S1046. No other organization was offering the wrap-around resources like we were for the judicial reform fight,” Candace emphasized.
To get the bill past the finish line, AFP identified allies who would be instrumental in resolving differences in the House and Senate versions of the bill. They worked in lockstep with the Attorney General’s office and with other coalition partners, such as Palmetto Promise Institute, to secure victory. Governor Henry McMaster signed S1046 in July 2024 after it passed the legislature.
This victory is just the beginning. AFP is determined to build on their momentum, they’re doubling down on their reform efforts and have set their sights set on broader judicial reforms, making the government more accountable to all South Carolinians.
Be part of the change, get involved with AFP today to fight for your community.
