Judicial Qualifications

The purpose of the Committee is twofold:

• To report the collective opinion of members of the Bar surveyed concerning all candidates for selection to the South Carolina Supreme Court, South Carolina Court of Appeals, South Carolina Circuit Court, South Carolina Family Court, Administrative Law Court, and the office of Master-in-Equity.

• To report the collective opinion of members of the Bar surveyed concerning all justices and judges of the South Carolina Supreme Court, South Carolina Court of Appeals, South Carolina Circuit Court, South Carolina Family Court, Administrative Law Court, and the office of Master-in-Equity who are at the midpoint in their terms.

 The reports of the Committee are intended to provide pertinent information to the Judicial Merit Selection Commission on the candidates for the Bench and to the Chief Justice of the Supreme Court regarding justices and judges currently serving. Confidentiality is the cornerstone of the work of the Committee

The Committee shall consist of active members of the South Carolina Bar representing each of the judicial regions and additional at-large members. The Committee shall represent a cross-section of the Bar of this state with due consideration given to experience in trial and appellate advocacy. In all aspects of the Committee’s work, race, gender, national origin, and other demographic factors shall be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.

• Region I—Composed of 7th, 10th, 13th, and 16th Circuits
• Region II—Composed of 5th, 6th, 8th, and 11th Circuits
• Region III—Composed of 3rd, 4th, 12th, and 15th Circuits
• Region IV—Composed of 1st, 2nd, 9th, and 14th Circuits

Members of the committee will be appointed for terms of one year. The chair or co-chairs shall be appointed from the existing membership for a one-year term. The chair or co-chairs shall appoint one or more subcommittee chairs from each judicial region.

The report of the Committee for each judicial candidate will indicate information considered by the Committee on the candidate’s constitutional and professional qualifications gathered during the Committee’s process, including ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, and judicial temperament.

The midterm reviews of the Committee will indicate information considered by the Committee on each justice’s or judge’s performance on the Bench during the first half of his or her term, including ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, courtroom administration, and judicial temperament.

SECTION 1
The majority of the committee shall constitute a quorum for all business. Committee action will require the votes of the majority of members present and voting. 

SECTION 2
Following the appointment of the new members of the committee and prior to any investigations, the chair or co-chairs shall schedule an orientation meeting or conference call at which the new members will receive training concerning the procedures and rules of the committee and instruction relating to the process of interviewing individuals. Existing members of the committee are not required to, but should be encouraged to, attend these sessions. 

SECTION 3
The chair or co-chairs shall be responsible for assuring that the rules of the committee are followed by all subcommittees and the committee. The chair or co-chairs should not serve on any subcommittee but will, during the evaluation process, monitor the work of the subcommittees.

SECTION 1
An investigation of an incumbent candidate who has been investigated by the Committee for a seat on the same court within the past round of screening may be satisfied with a report issued based upon the results of the survey and the collective knowledge of the Committee, unless the Chair or Co-Chairs determine that a new investigation is warranted. For purposes of this section, the Supreme Court and Court of Appeals are considered the same court.

SECTION 2 
(a) Upon receiving the name of a candidate, the Committee members charged with investigating the qualifications of the candidate may begin their work.

(b) Absent unusual circumstances, the Committee members charged with investigating the qualifications of the candidate shall complete a minimum number of interviews and questionnaires:
     (1) For candidates who are incumbent judges, at least fifteen completed interviews and questionnaires; and
     (2) For all other candidates, at least thirty completed interviews and questionnaires.

(c) When investigating candidates’ qualifications, Committee members should attempt to include members of the bench, particularly in the courts in which the candidate practices.

(d) If, due to unusual circumstances, the Committee members charged with investigating the qualifications of a candidate are not able to fully comply with this section, the report to the Judicial Merit Selection Commission shall state the unusual circumstances that prevented compliance. 

SECTION 3
A questionnaire shall be prepared to assist each member of the Committee in accomplishing the investigative process. The sheet should be filled out for each contact for each candidate and should guide the members during their interview process. These forms shall be destroyed at the end of the process.

SECTION 4
The Chair or Co-Chairs or their designee shall divide the Committee into Subcommittees who will conduct the investigation of candidates. The Chair or Co-Chair will also appoint Subcommittee Chairs or Co-Chairs for each Subcommittee to investigate and report to the Committee on any candidate for a judicial position. Subcommittee Chairs shall contact their co-members to assure that the rules of the Committee are complied with and to set up procedures to facilitate the investigation and reduce duplication of effort. Subcommittee Chairs must continue to communicate with their Subcommittee members throughout the process to ensure that the members are making progress on completing their interviews and questionnaires and to answer questions the Subcommittee members may have.

SECTION 5
For the investigation of a judicial candidate’s qualifications, a minimum of three Committee members charged with reporting to the Committee will personally interview the candidate. The interview should not be the first step in the investigation. To the extent practicable, the personal interview with the candidate shall be held after the interviews provided in this Section have been conducted, so that the candidate has an opportunity to rebut adverse comments during the personal interview. The subject matter of any and all substantial and credible adverse allegations received regarding the candidate’s constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, judicial temperament, or other relevant information that bears on the candidate’s suitability for judicial office, should be disclosed to the candidate as specifically as possible without any breach of confidentiality of the source of the allegations.

At the interview, in addition to the above, participating Committee members should discuss with the candidate, among other factors, his or her constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental stability, experience, and judicial temperament. The discussion should be as specific as possible without any breach of confidentiality as provided for in these rules and procedures, should include both positive and negative information, and should provide the candidate with an opportunity to present any additional information that may support his or her qualifications. The Chair or Co-Chairs may attend the interview of any candidate.
If requested by the Judicial Merit Selection Commission, the interview will include questions designed to evaluate the candidate’s substantive knowledge of the law and rules of the Court in which the candidate seeks to practice. These questions, and the candidate’s answers, will be provided to the Judicial Merit Selection Commission as part of the Committee’s report.

Within 24 hours after the interview, a candidate may submit to the Committee additional information or material in response to adverse allegations raised in the interview. Candidates may not supplement their answers to substantive questions regarding the law and court rules. No provision of these rules shall be construed as permitting the disclosure to the candidate of information from which the candidate may infer the source, and no information shall either be disclosed to the candidate nor be obtainable by any process that would jeopardize the confidentiality of communications from persons whose opinion has been sought on the candidate’s qualifications.

SECTION 6
For the investigation of a judicial candidate’s qualifications, before the Committee issues a report finding the candidate is unqualified to serve on the Bench, the Committee should attempt to conduct additional interviews of members of the Bench and Bar concerning the candidate. 

SECTION 7
The form and manner of reports to the Judicial Merit Selection Commission shall be left to the discretion of the Chair or Co-Chairs.

SECTION 8
Candidates will not be interviewed by the entire Committee, nor will they be allowed to appear before the entire Committee in connection with their nomination.

SECTION 9
If, at any time prior to the issuance of the Committee’s final report, the Committee becomes aware of credible information that would patently disqualify the candidate, the Committee may abbreviate or terminate its normal procedures and make an overall finding of unqualified for that candidate.

SECTION 10
Following the conclusion of all required interviews of the candidates, the Committee shall convene to determine its findings with regard to each candidate, based on the decision of the majority of a quorum of participating members of the Committee. The Chair or Co-Chairs shall not vote on any candidate, unless needed to break a tie. Candidates shall be found qualified or unqualified in each category and overall. Only in rare and exceptional circumstances, the Committee may, by a supermajority of 80% in favor, vote to find a candidate preeminently qualified overall.

SECTION 11
The Chair or Co-Chairs of the Committee or their designee shall transmit the Committee’s report to the judicial candidate. Thereafter, the Chair or Co-Chairs or their designee shall transmit the Committee’s report to the Judicial Merit Selection Commission. When possible, reports for judicial candidates shall be provided to the Judicial Merit Selection Commission and the public at least two days prior to the public hearing. In the report of the qualifications of candidates, the numerical count of the Committee’s vote shall not be stated.

SECTION 1
For the midterm reviews of sitting justices or judges, the Committee will conduct no interviews with the justice or judge, except upon the written request of the Chief Justice of the South Carolina Supreme Court.

SECTION 2
Midterm reviews shall take the form as specified by the Chair or Co-Chairs, in consultation with the Chief Justice of the South Carolina Supreme Court.

SECTION 3
The Chair or Co-Chairs of the Committee or their designee shall transmit the results of the Committee’s midterm review to the Chief Justice of the South Carolina Supreme Court and shall transmit the results of the Committee’s midterm review of the Administrative Law Court judges to the Chief Judge of the Administrative Law Court. The Chair or Co-Chairs or their designee shall transmit the results of the midterm review of a judicial candidate to the Judicial Merit Selection Commission at the same time the Judicial Qualifications Committee transmits its final report to the Commission following a screening cycle referenced in Rule III, Section 11.

SECTION 1
This Rule prohibits disclosure of any information of any nature that might compromise the confidentiality of the source of the information. If the Committee finds a candidate unqualified under Rule III, Section 9, the Chair or Co-Chairs or their designee may, in their discretion, informally advise the Judicial Merit Selection Commission of this information prior to providing a final report. The Chair’s or Co-Chairs’ designee shall not answer any question from the Judicial Merit Selection Commission that may jeopardize the confidentiality of the Committee’s sources. No other member of the Committee will comment in any way.

SECTION 2
All phases of the Committee’s activity—including the results of interviews, the vote, the comments of any individual Committee member, the vote of the Committee as a whole, or any other matters connected with the investigation—are absolutely confidential and shall not be disclosed to anyone other than another Committee member or an appropriate staff member of the Bar. Further, no copy or duplicate of writings connected with the activities or the Committee shall be disseminated beyond the Committee and appropriate Bar staff. The results of the Committee’s final midterm review on a judicial candidate will be submitted to the Judicial Merit Selection Commission at the same time the Judicial Qualifications Committee transmits its final report to the Commission following a screening cycle referenced in Rule III, Section 11. No other documents will be disclosed.

SECTION 3
A Committee member, in respect of people whose names are submitted to the Committee for consideration of their qualifications for appointment to or service on the bench, shall not disclose to anyone other than another Committee member or appropriate Bar staff in any manner: (a) The names of any such person whose name has been submitted to the Committee; (b) Whether any such person’s name has or has not been submitted to the Committee or any information regarding when the person will be considered by the Committee; (c) The Committee’s discussion, deliberations, or actions concerning any such person; (d) Any information concerning such person obtained during investigation or at a meeting of the Committee nor his or her own opinion concerning that person; and (e) The “Personal Data Questionnaires” of candidates whose names have been submitted to the Committee.

SECTION 4
Upon transmittal of the final report of a candidate or sitting justice or judge to the Judicial Merit Selection Commission or Chief Justice of the South Carolina Supreme Court, each member or former member of the Committee shall immediately destroy all papers, files, and documents of any kind relating to the candidate or sitting justice or judge or deliver to the South Carolina Bar staff such items for immediate destruction. The South Carolina Bar shall retain a copy of the midterm reviews for submission to the Judicial Merit Selection Commission at the appropriate time.

SECTION 5
Employees and agents of the Bar are prohibited from disclosure of confidential information received by them in the same manner as provided in this rule for Committee members. If members of the Board of Governors learn of confidential information, they are prohibited from further disseminating that confidential information other than to the Chair, Co-Chairs, or the Bar’s liaison to the Judicial Qualifications Committee.

SECTION 6
Each member of the Committee shall take, subscribe to, and file an oath of confidentiality. The oath shall be kept on file with the Bar.

SECTION 7
Upon a claim of breach of confidentiality by a member of the Committee, the Chair or Co-Chairs or their designees shall investigate such claim—unless the claim relates to the Chair or Co-Chairs, in which case a three-member Special Committee shall be appointed by the Board of Governors to investigate the claim. If the claim of breach of confidentiality is found to have merit, a confidential report shall be made to the President of the Bar. The report shall include a recommendation as to whether or not the Chair or Co-Chairs or the Special Committee requests the Board of Governors to remove the member or members from the Committee and whether or not the Board of Governors shall refer the member or members to the Office of Disciplinary Counsel. The Chair or Co-Chairs or the Special Committee shall also report the failure of any Committee member to cooperate in the investigation of the claim.

SECTION 8
If a judicial candidate or sitting justice or judge comments to anyone other than a Committee member concerning confidential information, the Chair or Co-Chairs may respond to the extent necessary to address the comments, including through the divulgence of confidential information concerning that judicial candidate or sitting judge or judge.

SECTION 1
This Rule is intended to establish standards and procedures to assist the Committee and its members in avoiding conflicts of interest, bias, or prejudice that may interfere with the Committee’s ability to discharge its duties.

SECTION 2
If a Committee member has or has had any significant familial, professional, business, social, political, or other relationship, either adversarial or allied, direct or indirect, with a candidate or sitting justice or judge, he or she shall immediately disclose to the Chair or Co-Chairs the nature and circumstances of the relationship.

SECTION 3
If the Committee member having such a relationship determines that it would unduly influence his or her consideration of the qualifications of the candidate or sitting justice or judge, the Committee member shall disqualify himself or herself from participating in the investigation, deliberation, and ultimate report of the person involved in the conflict as well as for other candidates for the same seat. The Committee member also shall refrain from attempting to influence other Committee members’ evaluations of the candidates or sitting justices or judges who are running for election for the same seat as the person involved in the conflict. The Committee member may still participate in the consideration of other candidates or sitting justices or judges not impacted by the relationship.

SECTION 4
Factors to be considered in determining whether the relationship requires disqualification include remoteness in time of the relationship, duration of the relationship (transitory, recurring, or long-term), and the extent to which the relationship differs from a casual, incidental contact.

SECTION 5
If a Committee member determines that a particular relationship does not require disqualification and the Chair or Co-Chairs determine that the relationship does require disqualification, the Chair or Co-Chairs’ determination shall prevail.

SECTION 6
A disqualified Committee member is not precluded from providing information to the Chair or Co-Chair concerning a candidate or sitting justice or judge, provided that the identity of a Committee member providing information pursuant to this provision may not be disclosed.

SECTION 7
As a condition of appointment, each Committee member agrees that: (a) No one may serve on the Committee during a round of screening in which he or she endorses or participates in any judicial candidate’s campaign for office; and (b) Service on the Committee results in a relationship between Committee members that may create a conflict of interest if Committee members who have served together later evaluate one another. Therefore, no Committee member shall offer for or accept a nomination for a South Carolina judicial position while a member of the Committee and for a minimum of one year after leaving the Committee.

SECTION 1
The Chair or Co-Chairs are appointed by and serve at the will and pleasure of the President of the South Carolina Bar and may be removed by the President with or without good cause.

SECTION 2
Other Committee members are appointed by and serve at the will and pleasure of the Chair or Co-Chairs and may be removed with or without good cause by the Chair or Co-Chairs.

SECTION 3
In the event that some of the members of the Committee cannot perform their duties or there is an extraordinary number of candidates, the Chair or Co-Chairs may appoint additional members.

The Committee may adopt, with approval of the Board of Governors, amendments to these rules.

If any provision of these rules and procedure or the application of any such provision to any person or circumstances shall be held invalid, the remainder of these rules and procedures, to the extent that they can be given effect, or the application of such provision to persons or circumstances other than those as to which they are held invalid, shall not be affected thereby, and to this extent the provisions of these rules and procedures are severable.

The Judicial Qualifications Committee was created by the House of Delegates January 17, 1992; policy amended June 2, 1994. Membership on the Committee increased to eighteen by vote of the House of Delegates June 3, 1993, to twenty-four on June 2, 1994, to twenty-five on June 7, 1996 and to forty-eight on May 14, 2009. Categories amended on June 7, 1996 These rules and procedures were amended on August 14, 2025.

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