Top court to hear judge's case

The S.C. Supreme Court said Friday it will hear the challenge to the state's procedure for screening and electing judges, a challenge filed by 9th Circuit Family Court Judge Charlie Segars-Andrews.

The court's decision comes one day after state lawmakers moved to postpone judicial screenings and elections because of the cloud that her lawsuit has cast over those processes.

The case questions the constitutionality of the state's Judicial Merit Selection Review Commission, which screens judges to determine if they are qualified to be elected by the Legislature.

The commission recently found Segars-Andrews unqualified because of her work in a Clarendon County divorce case.

Charleston attorney Armand Derfner, who is representing Segars-Andrews, said the court has set a quick timetable to receive briefs.

"I think everyone is interested in having this very important issue resolved," he said.

The lawsuit alleges that it is illegal for state lawmakers to serve on the commission, because of a state law barring dual office-holding. Several commissioners are lawmakers.

Her lawsuit also said the commission breached the separation of powers by leaning so heavily on the Clarendon County case, where her ruling and conduct were upheld by the S.C. Court of Appeals and the state's Commissionon Judicial Conduct.

On Thursday, state Senate Pro Tem and commission Vice Chairman Glenn McConnell, R-Charleston, said the commission would suspend future screenings until the lawsuit is resolved. He also introduced a resolution that indefinitely delays elections for judges. Those had been set for Feb. 3.

Lawmakers also may begin talking soon about how to ensure that the judicial system doesn't become backlogged because of the delay in electing judges.

The Supreme Court might not let the issue drag on long. In its order, the court told Segars-Andrews to file a final brief within 10 days and asked defendants to file their brief 10 days after that.

Segars-Andrews will have five more days to file a reply. All filings should be in by mid-February, and the court said it would grant no extensions and might not hear any oral arguments.

The defendants include the Judicial Merit Selection Commission, Lt. Gov. Andre Bauer, McConnell and Speaker of the House Bobby Harrell, R-Charleston.