Senators should restore system of appointments
Sunday, July 20, 2008THE ISSUE: Magistrate appointments
OUR OPINION:Senators should cease practice of undermining appointment process
All 11 of Orangeburg County’s magistrates are on what can be called holdover status, meaning they have not been nominated by the county’s Senate delegation and appointed by the governor.
They are working at the pleasure of the county’s Senate delegation.
A investigation by The (Columbia) State shows 314 magistrates from around the state are in such holdover status, with senators allowing them to keep their jobs without appointment. The status gives senators power to remove a magistrate – power that is reserved for the Supreme Court during a judge’s four-year term.
Gov. Mark Sanford and Chief Justice Jean Toal told the newspaper they do not favor allowing such non-appointment appointments by senators, but neither has the power to stop the action.
The obvious criticism of the practice is undo influence by senators, many of whom are attorneys, on the judiciary. A senator practicing law before a judge over which he has hire-and-fire power gives the appearance of conflict, even though Toal said she has seen no indication of such.
The State used Sen. Brad Hutto of Orangeburg as an example in its report, noting that Orangeburg County Magistrate Willie Robinson, in holdover status, currently is having to answer questions about dismissal of tickets issued by a state trooper to suspected drunken drivers represented by Hutto.
Hutto has said there is nothing unusual or improper about the way the cases were handled, but the State Law Enforcement Division is investigating. We have said such a probe should be welcomed by the senator, the magistrate and the state trooper involved in the cases as a way to put the matter to rest.
Senators have a long tradition of holding sway in state government. Prior to restructuring under Gov. Carroll Campbell, the case could be made that senators were THE power in state government. The legacies of lawmakers such as Calhoun’s Marion Gressette and Orangeburg’s Marshall Williams are testament to the point.
Orangeburg County magistrates Chief Magistrate Samuel Dailey, Holly Hill Peggy Doremus, Orangeburg Willie Robinson, Orangeburg Betty Bates-Gray, Bolentown Donald West, Bowman Richard Murray, Branchville Derrick Dash, Elloree Jacob Gillens, Eutawville J. Cecil Moore, North Marie Williamson, Norway Rita W. Brown, Springfield |
Allowing senators to continue the practice of keeping magistrates on holdover status is defended as their way of monitoring the judges, allowing lawmakers to remove any that are not performing up to standards. But that is usurping the power of the Supreme Court and amounts to a power grab.
The holdover practice takes away the job security that historically has been considered a necessary part of ensuring judges’ objectivity. Senators should not hold the power and should be pressured to cease the practice, maintaining the integrity of the judicial process.
To subscribe to the print edition of The Times and Democrat, click here.
