S.104 would extend the prohibition on former legislators holding judicial office from one to twenty years after they leave legislative office. This reform is made vital in South Carolina due to the fact that South Carolina is one of only two states where the legislature has sole discretion over the screening and selection of judges. It’s easy to see how a former legislator seeking election to judgeship by colleagues he worked with just 2 years before creates a conflict of interest. True reform would mean having the Governor appoint judges with the advice and consent of the Senate. But as long as judges are chosen by the legislature, former legislatures should not be able to use influence with their former colleagues to attain judgeships.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.