(The Center Square) — South Carolina Gov. Henry McMaster plans to sign a judicial reform bill but called on lawmakers to make further changes, especially around the state’s magistrate judges.
“I’m going to sign the bill … because the status quo is unacceptable, and this bill does change a few things,” the Republican governor said during a news conference this week to discuss the state’s budget. “But I view it only as the first few steps and hope between now and the time that it is to go into effect, which is a year from now, the legislature will … go back and do the things [that] they need to do, one of which, of course, deals with magistrates.
“The magistrates — that level of court in South Carolina is the busiest; that’s where most citizens go. That’s where very important decisions are made in small commercial things, small things involved in landlord and tenant relations, where trials are held concerning misdemeanors and also, very importantly, where bonds are set for criminals — for repeat criminals, for career criminals, for dangerous criminals — and we’ve all seen the results of that,” McMaster added. “So, we must have a better system for our magistrates, and that is something that we will continue to push for.”
The governor noted what he sees as several positives in the measure, including the judicial screening process for circuit judges and others, term limits for members of the Joint Merit Selection Commission and the increase in the number of recommendations the commission can make to the General Assembly from three to six.
“We would be much better served, I believe, if we would simply adopt a system that’s worked well for several hundred years, and that’s the one that is used … in the federal system,” McMaster said. “The president makes a nomination, and the Senate has hearings which anyone can attend, which are televised now, and where the nominees are vetted, examined, questioned and presented to anyone who’s interested. And once that’s done, then there’s a vote taken.
“Compare that to our system, and you can see why a lot of very good lawyers who would be terrific judges and serve well, simply will not undergo the standard routine that is required, and I think that’s holding us back,” McMaster added. “But we have [made] some progress there, and we need to … make more.”
