Newberry and Prosperity Rep. Joe White held a press conference concerning the Judicial Merit Selection Commission. White said the problem is “powerful criminal defense lawyers who are also legislators who are appointed by other powerful lawyers through the leaders in the SC House and Senate and have the majority voice in whom they deem qualified to become judges.”

He continued that these same lawyers “then use their influence to convince other legislators to support the candidates they want to see elected by the General Assembly.” Rep. White was joined by a bi-partisan group of legislators from around the state, including Representatives Jay Kilmartin, Ryan McCabe, Rob Harris, Gilda Cobb-Hunter, Richland County Sheriff Leon Lott, and others.

White said two bills have been put forward to address the problem and conflicts between legislators and the judge selection committee. The bills he mentioned are: H4179 sponsored by Rep. Bauer, and H4183 which he sponsored. Rep. White said the bills will “eliminate the ability of criminal defense attorneys who are also legislators from serving on that vital commission known as the Judicial Merit Selection Commission.”

Solicitor David Pascoe, 1st Circuit, said he has been “speaking about judicial reform and how judges are selected for the past 18 months around the state.” Pascoe added “every single solicitor in the state supports judicial reform as expressed by the legislators.” He also said that every sheriff around SC supports judicial reform legislation.

At issue is the release of release of convicted murderer Jeroid Price who killed the son of Lillie and Carl Smalls. The murderer was released 16 years before he was scheduled to get out of prison. Rep. Todd Rutherford, D-Richland, is an attorney and a legislator who helps determine who becomes a state judge, which carries an annual salary close to $200,000. Rutherford sits on the 10-member Judicial Merit Selection Commission where he is one of 6 lawyer legislators who selects judges

In April, Rutherford worked out a secret deal with retired Judge Casey Manning and 5th Circuit Solicitor Byron Gipson to release Price.

Pascoe noted that the legislators who support the legislation make up a “broad cross section” of citizens from across the state of Democrat, Republican, Black, White, women and men. The big question that concerns Pascoe and others is, “Who benefits from the current system in SC?”

“Injustice and pain was caused to the Lilly and Carl Smalls family who suffered due to inaction by a solicitor, judge, and a lawyer-legislator who sits on the Judicial Merit Selection Committee and selects our judges,” said Pascoe. He added that he “believes the SC Supreme Court will act swiftly to correct the wrong.”

It was reiterated by Carl Smalls that “these lawyer legislators have too much power in selecting SC judges.” Currently, the legislature has the ability to hire, fire and completely fund the judiciary. This violates the separation of powers included in the state and US Constitutions granting one branch of government power over another which should stand independently.

Pascoe said “they [judges] work for those legislators who pick them, and that’s too much power.” In fact the “legislators have a great deal of power over the judges not ony in the courtroom but in closed chambers” Pascoe said.

This has become very apparent with a recent “secret order” to release an inmate convicted of murder 16 years early who Pascoe said was “helped by a lawyer legislator, a solicitor and a judge… to attain an illegal reduction and release from prison…”

Rep. White said that he “really think we’re going to get Judicial reform passed in the next 3 weeks. Lots of bipartisan support.” White proposed a Committee of ten people made up of 8 criminal defense attorneys, 8 are on legislative, 5 appointed by speaker, 5 by senate, the governor to appoint 6, with none as lawyer legislators.”

White said the current system is like “the fox guarding the henhouse.” Gilda Cobb-Hunter said “we’re going to get reform this year.”

Mr. & Mrs Smalls later appeared on Fox & Friends speaking about the murderer let out 16 years early. The inmate has since been picked up and reincarcerated.

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