South Carolina is one of only two states in which the legislature chooses the state’s judges. (Virginia is the other.) Often, the biggest concern about this form of selection is that legislators will choose their colleagues for the bench rather than seeking out the best possible candidates.
This week, however, a different issue arose in South Carolina’s judicial election process. In a contested race for the state court of appeals, private attorney Blake Hewitt was elected over Allison Renee Lee, a state trial judge with 20 years of experience. Hewitt was considered highly qualified for the position, but lacked any of Lee’s judicial experience. Hewitt is also white, and Lee is black.
After the election, several (but not all) black legislators briefly walked out of chambers in protest. Some suggested that the election was an act of racism, while others expressed concern about ensuring greater diversity on the state bench.
The Interdependent Third Branch 