Litigation

Judicial Independence Question Lingers in SC

By Peter Hardin

For some, a  question of judicial independence remains unresolved after the South Carolina Supreme Court dismissed a family court judge’s  bid to overturn a decision by a screening commission that she was unqualified to continue serving on the bench.

Judge  F.P. ?Charlie? Segars-Andrews  had challenged the way state judges are screened by a commission made up heavily of lawmakers, but she lost when the Supreme Court dismissed her case on Tuesday (see Gavel Grab).

Charleston lawyer Robert Rosen lamented “a tragic day for the independence of the judiciary,” according to an article in The State newspaper. “I understand the Supreme Court did what it thought was right, but it doesn’t change the fact that every judge in the state knows – and they’ve said that they know – that they are at the mercy of powerful disgruntled litigants and powerful members of the General Assembly,” Rosen said.

Lawyer Armand Derfner, who represented Judge Segars-Andrews, said, “What is troublesome here is that a dedicated, outstanding judge is being driven out of office because of political whim.”

On the other side, State Senate Pro Tem Glenn McConnell said, “The constitution makes it very clear that the power to elect judges and select them lies in the Legislature.” He was chairman of the commission that screened the judge.

South Carolina’s legislature elects state judges, and Judge Segars-Andrews? lawsuit had asked whether the screening commission violates South Carolina?s  constitutional ban on dual office-holding.

Full post as published by The Gavel on March 24, 2010 (boomark / email).