South Carolina is one of only two states (along with Virginia) in which the legislature
selects the supreme court. In contrast to South Carolina, judges in many states (like federal
judges) are appointed in a process that requires the consent of both the
other two branches: legislative and executive. Separation of powers.
Selection of a state Supreme Court justice by the SC General Assembly (legislature) begins with the state constitution which provides that "the
General Assembly by law shall establish a Judicial Merit Selection
Commission to consider the qualifications and fitness of candidates for
all judicial positions on these courts and on other courts of this State
which are filled by election of the General Assembly. The General
Assembly must elect the judges and justices from among the nominees of
the commission to fill a vacancy on these courts. No person may be elected to these judicial positions unless he or she
has been found qualified by the commission...."
Now three candidates have cleared screening by the Judicial Standards Commission and are campaigning among legislators. As The State reports, "The election is on Feb. 3 at noon, when the 169 senators and
representatives will gather in the House of Representatives. A winning
candidate must have 85 votes – one-half of the 169 senators and
representatives plus one – to win. A senator’s vote counts as much as a
representative’s."
More on South Carolina judicial selection here.
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