H.4404 would prohibit General Assembly members from being elected to a judicial office for five years after leaving office. The bill would also prohibit family members of a General Assembly member (including: a spouse, child, parent, sibling, mother-in-law, father-in-law, brother-in-law, sister-in-law, or any person who is domiciled for the previous six months or more with any of the above named relations of any member of the General Assembly) from being elected to judicial office until five years after the legislator has left office.

S.1082 would prohibit a General Assembly member’s spouse, child, parent, sibling, mother-in-law, or father-in-law from being elected to judicial until one year after the legislator has left office.

These bills would help to slightly diminish the possibility of nepotism in a system where the legislature both nominates and elects judges with no input from the Governor. True reform however, would mean following the Federal model, making judges appointed by the Governor with the advice and consent of the Senate.

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.