South Carolina Legislative Summary: Judicial Reform

With the South Carolina General Assembly completing the second regular session of its 125th year, the Maynard Nexsen South Carolina Government Affairs team has been working to summarize the more than 128 bills and 799 resolutions that were agreed to, as well as many of the 899 bills that were not enacted during the session. Keep watching for additional summaries.

Judicial Reform

Governor McMaster signed the Judicial Reform Bill (S.1046), though he made it clear that the bill was "progress but not enough."

The Act will increase the membership of the Judicial Merit Section Commission ("JMSC") to twelve, with four members selected by the House, three of whom are House Representatives and one member who has been practicing law for at least ten years. The Senate President would have two appointments, one of which is a Senator and one of which has to be a member of the Bar with at least ten years of practicing law. The Senate Judiciary Chairman would appoint two Senators to the JMSC. The governor would also have four appointments, all of whom must be members of the Bar and have practiced law for at least ten years.

The commission will serve staggered two-year terms and can serve up to two consecutive terms, which would prevent a judge from appearing before the same JMSC members for re-election.

The number of qualified candidates sent to the Legislature would increase from three to six. There would be a mid-term review of elected Judges and restrictions on seeking pledges and vote counters. Additionally, the Act increases the amount of time members of the Legislature and the public can review a candidate's qualifications. The legislation does not address the screening of magistrate judges appointed by the Governor on the recommendation of the Senate. Governor McMaster said magistrates should be addressed in 2025.

South Carolina remains one of two states where the Legislature selects judges.