Picking judges
By TUCKER LYON, T&D Government Writer Monday, October 06, 2008His day job is dean of administration at Orangeburg-Calhoun Technical College. But Mike Hammond also serves as chairman of the Lowcountry Citizens Committee on Judicial Qualifications, a 10-member body that questions, investigates and thoroughly screens all judicial applicants in the 10-county region.
“Most of my committee, the bulk ... we’re the most active of all the citizens’ groups,” he said. “We just have some good members in the Charleston, Orangeburg and Beaufort areas. We have good attendance. And, when we bring candidates in for interviews, we have seven or eight members present.”
The findings of the Lowcountry Citizens Committee, one of five regional groups, are delivered to the state’s Judicial Merit Selection Commission, which, in turn, recommends candidates to the General Assembly for final selection. The commission chairman appoints the committee members.
The Lowcountry Committee serves the 1st, 9th and 14th circuits. Freemon Thomas of Cameron, a former Calhoun County magistrate, is also on the committee.
Hammond, who has served on the committee since its inception in the 1990s, has been chairman for five years.
Most of the time, he says, the work of the committee, which meets in the OCtech board room, is routine.
“We don’t find anything significant about the candidates during our inquiries and the return of the Bar surveys,” he said. “It’s pretty cut and dry. Just, ‘Yes, they meet the standards.’”
Although the upcoming vacancy in the 1st Judicial Circuit has drawn eight candidates and will attract the local public’s attention, the citizens committees and the state commission screen all judicial candidates for the state Supreme Court, Court of Appeals, Circuit Court, Administrative Law Court, Master-in Equity and Family Court.
Serving 10 counties in three judicial circuits, the committee has screened a large number of candidates over the years.
Occasionally, Hammond says, the volume of information requested leads some candidates to drop out of contention.
“But they’re going to be judges,” he said. “Everyone who sits (on the bench) goes through it.”
The vetting process includes interviews with the candidates themselves, as well as members of the public.
“Anybody who gives us information is subject to subpoena,” Hammond said. “I have had people go to Columbia and testify before the commission itself.”
In addition, attorneys who serve on the committee provide legal “content questions,” Hammond says, and actual visits to various courtrooms are fairly common.
“Our group will go into the courthouse and talk to groups and other attorneys. If the candidate is a sitting judge, they’ll go in his courtroom and sit,” Hammond said. Also, if the candidate is an attorney with a specific trial coming up, “they’ll go into the courtroom and watch them, too.”
“They take it very seriously,” said the chairman, who has a graduate degree in criminal justice. “It’s a joy to have them serve.”
According to its mission statement, the Judicial Merit Selection Commission is concerned that, since judicial decisions play such an important role in people’s personal and professional lives, all South Carolinians have a voice in the selection of judges. Therefore, the grass roots citizens committees are made up of those from across the spectrum of society who base their reports on interviews with the people who know the judicial candidates personally and professionally. Such characteristics as ability, character and experience are examined.
Since information is still pending from the candidates, Hammond says, the next committee meeting, which is not open to the public, hasn’t been scheduled. The committee’s final report is due five days before the Commission begins public hearings on Dec. 2.
With South Carolina serving as a role model for others, Hammond says, the creation of the five citizens committees has improved the state’s judicial selection process.
“This has really solved a lot of problems that existed with our judicial system,” he said. “It used to be the ‘good ol’ boy buddy system’ and this has eliminated that.”
T&D Government Writer Tucker Lyon can be reached at tlyon@timesanddemocrat.com or by calling 803-533-5545.
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