Horry County Senator Luke Rankin spoke for approximately one hour on the SC Senate floor last week defending the current process for electing judges in the state.
Rankin, Chairman of the Senate Judiciary Committee and current Vice Chairman of the Judicial Merit Selection Commission (JMSC), spoke during debate on the Senate floor about possible changes to the way in which judges are elected in South Carolina.
A major point of contention is that lawyer/legislators in the General Assembly have too much influence in the process. A change currently being considered is to not allow attorneys to serve on the JMSC, a point Rankin ridiculed during his speech. Candidates who pass screening are then voted on by a joint session of the General Assembly or the county legislative delegation, depending on the judicial position. South Carolina and Virginia are the only two states in the nation in which the legislatures play the primary roles in electing judges.
A member of JMSC since 2017, Rankin, several times during his speech, likened the current process of electing judges to “kicking the tires of a car” when considering purchase of a new vehicle. Rankin spoke of the several “touch points” during the process which include inputs from appointed citizens committee, the SC Bar review and what is known as the ballot box technique of collecting anonymous comments about judicial candidates, all of which are available to the JMSC when it considers judicial candidates. Candidates are reported out of the JMSC as qualified or not qualified for consideration for the judicial position they are seeking.

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