AG Wilson, SC leaders discuss need for judicial reform

CHARLESTON, S.C. (WCBD) – South Carolina Attorney General Alan Wilson was in the Lowcountry Monday discussing why he believes the state needs judicial reform.

He joined other local and state leaders — including Ninth Circuit Solicitor Scarlett Wilson — for a conversation on the process of electing judges in the state, which Attorney General Wilson said is lagging in South Carolina.

In South Carolina, judges are first selected through the Judicial Merit Selection Commission (JMSC) and then voted on by the General Assembly. In addition to Virginia, South Carolina is only one of two states where judges are elected by the General Assembly.

Attorney General Wilson said he would like to see more involvement from the Executive Branch in the process.

“It’s easier to hold one governor accountable than 170 legislators when you get a quality of judges you don’t agree with,” he said. “So we are here to talk about ways that we can better reform our system of government that elects an entire branch of government.”

Right now, there are 10 board members on the JMSC. Three are House members, three are Senators and four are members of the public. Six of the 10 legislators are also lawyers.

Ninth Circuit Solicitor, Scarlett Wilson, said this has impacted the public’s perception of the process.

“We’ve got really good judges, we’ve got good lawyers. But when there is one party, one litigant who hires and fires the judge that’s making the decision, it makes people uncomfortable,” she said. “So we just need to balance that out.”

During the roundtable, Attorney General Wilson also proposed changes to the process that can be made without requiring changes to the state constitution.

He suggested board members on the JMSC be appointed by the governor, no legislators be on the commission, and members of the BAR and the public have a say in the process.

Wilson also suggested South Carolinians reach out to their legislators to express their support for judicial reform.

State leaders say the topic will likely be a major campaign talking point in the 2024 elections, especially in the South Carolina Senate races.