Litigation

Date Set for S.C. Judicial Screening Arguments

By Peter Hardin

South Carolina’s Supreme Court has set the date of March 2 to hear oral arguments in a case that began with an attempt to oust a family law judge, and that also challenges the way state judges are screened.

Family Court Judge F.P. “Charlie” Segars-Andrews brought the lawsuit after the S.C. Judicial Merit Selection Commission decided she was unqualified to continue to serve, in a matter arising from a possible conflict of interest and request for her recusal in a case (see Gavel Grab.)

Among other points, her lawsuit asks whether the commission violates South Carolina’s  constitutional ban on dual office-holding, according to an article in The Post and Courier. A majority of the commission’s members are lawmakers.

South Carolina is one of only two states nationally in which the legislature chooses judges. The League of Women Voters of South Carolina argues in an amicus brief that  the legislature improperly  qualifies and nominates judges as well as voting on the final appointment.

Full post as published by The Gavel on February 19, 2010 (boomark / email).