As of 2023, South Carolina was one of only two states in the country where the legislative branch had complete control over nominating and selecting judges to the state courts. The state constitution tasked the legislature, largely made up of practicing lawyers, to nominate and confirm the judges who would be hearing their cases. This system has been likened to a football team selecting the referees for their games.
Legislators took advantage of this system that lacked standard checks and balances, often undermining the qualifications of appointments and giving way to patronage politics. This practice went unchallenged for decades until Americans for Prosperity (AFP) introduced a judicial reform bill aimed at curbing corruption and misuse within the system.
South Carolina's legislative body held significant power through the Judicial Merit Selection Committee, which was responsible for nominating judges to civil, criminal, and even state Supreme Court positions for confirmation by the General Assembly. Over 70% of legislators in South Carolina were attorneys with existing client portfolios, essentially allowing them to select judges who would preside over their clients' trials. Eligibility requirements for appointments were vague, leaving qualifications loosely interpreted or ignored.
“There was a tremendous lack of trust throughout the state around the process of how our judges were put in their positions,” said Candace Carroll, AFP-SC Director of Public Affairs.
Frustrated by inaction on this issue, AFP initiated efforts to end political favoritism enshrined in South Carolina's Constitution and promote government accountability and transparency. Despite strong opposition from legislators benefiting from this system, AFP pressed forward with judicial reform initiatives.
In summer 2023, AFP coordinated with policy champions on S1046. This bill granted the governor authority to appoint one-third of the Judicial Merit Selection Committee members—introducing checks on legislative power—and broadened decision-making panels. The bill also imposed term limits on committee members, required written justification for judge selection, and mandated routine performance reviews to ensure merit-based appointments.
To build support for S1046, AFP delivered compelling testimony before lawmakers and launched a statewide media campaign aimed at educating constituents about systemic issues while applying pressure for change. They mobilized concerned citizens at rallies and events like Lobby Day where activists engaged lawmakers on judicial reform matters.
“It wasn’t until AFP’s involvement that we started to see actual movement on a bill like S1046. No other organization was offering wrap-around resources like we were for the judicial reform fight,” emphasized Carroll.
AFP worked closely with allies instrumental in resolving differences between House and Senate versions of S1046. They collaborated with entities such as Palmetto Promise Institute and secured backing from Governor Henry McMaster who signed S1046 into law in July 2024 after its passage through legislature.
This victory marks just a beginning; AFP is committed to continuing its reform efforts aiming towards broader judicial reforms ensuring greater government accountability across South Carolina.
