This bill makes some important improvements in the judicial selection process. One of the most important changes is release of the names of ALL qualified candidates for consideration by the General Assembly. . We hope that it will be forwarded with a positive recommendation. 

 

Legislative election of judges is a better system than others available; however, this role requires ensuring that the process minimize legislative intrusions into judicial independence by eliminating unnecessary participation in other aspects of the selection process by legislators, especially membership in the JMSC. While S. 1046 does not address all of our concerns, especially the need to remove legislators from the JMSC, it represents a significant step forward. Our continuing concerns include: The bill does not require House and Senate officers to appoint any members of the public. Demographic considerations are required only for appointments by the Governor, who accounts for only a third of appointments.

4/24/2024 House Constitutional Laws Subcommittee Testimony: S.1046

The independence of the judiciary so that it can provide checks and balances to the other branches of government is fundamental to the integrity and health of our system of government and to the confidence of the public in that system. We believe that Judicial Merit Selection Commission (JMSC) process should be amended: (1) to preclude legislative membership, and (2) to raise the cap on the number of qualified applicants’ names submitted to the General Assembly. In addition, the qualifications for magistrate should be more rigorous and judicial budgets should be protected.

 

The League of Women Voters of South Carolina supports more effective implementation of state policies through the appointment of the Comptroller General by the governor, subject to legislative approval. The League also supports giving the governor the power to remove the appointee in this office for cause, without legislative consultation.

The League of Women Voters of the United States opposes bills calling for a constitutional convention under Article V of the US Constitution. These proposals are a threat to every American’s constitutional rights and civil liberties. The League also specifically opposes a federal balanced budget amendment.