Maintain judge selection process

The South Carolina General Assembly is about to hold judicial elections for a number of seats on our state courts. South Carolina has a system of legislative, merit-based elections in which legislators choose judges from a pool of up to three candidates deemed the best qualified for judicial office by the Judicial Merit Selection Commission.

The judiciary plays a vital role in the preservation of our freedoms and the protection of our rights as citizens. Our nation and state were founded on the principle of three separate but equal branches of government performing distinctly different functions.

The South Carolina Bar places the utmost importance upon a fair and impartial judicial election process, one in which partisan politics does not play a role. South Carolina's current system avoids the harsh politics found in other states, and the system ultimately allows the citizens of our state to appear before judges who are without bias. Other judicial selection methods, such as public elections, risk the erosion of public trust in the justice system due to campaign fundraising, inferences from pledging on issues during the campaign and negative campaigning among candidates.

In particular, these selection methods are susceptible to special interest groups who improperly inject themselves and their agendas into the election of those who need to serve on the courtroom bench impartially.

The Bar is disturbed by the creeping emergence of attempted external pressures and influences on South Carolina's judicial selection process. In order to dispense justice under the rule of law, the judicial branch must be independent of outside influences of any kind. It is crucial to the integrity of our state's justice system that judicial elections remain based on the candidates' qualifications alone and not subject to the coercion of special interests.

The introduction of political ideology into our state's justice system threatens the historical separation of powers and rule of law.

Every judicial selection method contains an element of politics. However, South Carolina's system has historically been the least affected by partisan politics.

Let us preserve our nonpartisan and impartial courts. Anything less works against the best interests of South Carolinians.

The Bar is confident that members of the public on their day in court want to appear before unbiased judges elected because of their qualifications to serve that office, not because of their allegiances to special interest groups or campaign contributors.

South Carolinians have a fundamental right to have a fair and impartial judge hear and decide their disputes.

Surely, this is a principle on which we can all agree.

Lanneau Wm. Lambert Jr.

President

South Carolina Bar

Taylor Street

Columbia