Once I decided to run for the South Carolina House of Representatives, I had to ask myself a hard question: What issues would I devote my time and energy to if I won the trust of the people in district 40?

At my first campaign forum, I spoke about the three unalienable rights--Life, Liberty, and the Pursuit of Happiness--rights given to us by God, not government. I explained what I meant by each of those words, quoting the wisdom of the founders who understood the importance of self-governance and of the necessity of having three EQUAL but SEPERATE branches of government: an Executive branch that enforces the laws, a Legislative branch that creates the laws, and a Judicial branch that interprets the law.

When I looked at the South Carolina Constitution, I saw something that shocked me: the overwhelming dominance of the Legislative branch.

Our state constitution, drafted in 1895, was written primarily by lawyers. There were a few businessmen, a handful of farmers, and some educators, but it was the lawyers who carried the day.

Across the nation, today, about 14% of state legislators are lawyers. In South Carolina, that number is closer to 30%.

As I looked at how judges are appointed in our state, I was SHOCKED!

Written into our constitution is a commission, the Judicial Merit Selection Commission. In 2022, that commission was composed of ten members, 5 appointed by the Speaker of the House, and 5 chosen by the Senate.

That commission was, PERHAPS, the most powerful ten people in South Carolina. You see, no one can become a judge (above Magistrate) in South Carolina without the approval of that commission.

At that time, eight of the ten members were lawyers, and six of those were also legislators. Bottom line, six lawyer/legislators who could also end up pleading cases in front of the judges had the ability to handpick which judicial candidates advanced. To me, that concentration of power was not just unusual, it was dangerous.

As I shared this with everyday citizens at town halls or while knocking on doors as I campaigned, almost nobody knew about it.

When I explained it, people were shocked. "If you are a Gamecock fan, do you think it would be fair to let Clemson's coaches pick the referees for this fall's classic?" I would ask. "If you are a Clemson fan, do you think it would be fair to let the Gamecock coaches pick the referees for this fall's classic?"

OF COURSE NOT!

That message became the heart of my campaign. I pledged to fight for judicial reform in South Carolina. After my swearing in, the first bill I filed sought to change the makeup of the JMSC. That bill never made it out of committee (the Judicial committee), but I refused to quit.

I travelled the state, speaking to any group that would lend me their ears. From Newberry to Lexington, to Fairfield, Florence, Sumter, Horry, Aiken, Pickens, Anderson, Greenville, anywhere a group would give me a microphone, I talked about the INJUSTICE of our judicial system.

In February 2024, we had the "First in the South" Republican Presidential Primary. One of the three referendum questions was, "Does South Carolina need judicial reform?" An astounding 91% of voters said, YES!

That evening, I knew the people understood and were with me. Before my freshman session ended, a compromise bill passed. For the FIRST TIME EVER in South Carolina, the governor would have four appointments to the JMSC, and the commission would be able to vet up to six judicial candidates to be voted on by the general assembly instead of three.

It wasn't everything I hoped for, but it was a start. Taking the first bite out of that apple is not nearly enough.

We must continue to work. We must continue to fight, fight, fight!

We must continue to hold press conferences, speak at town-halls, and make sure that the people of South Carolina have their voices heard by those lawyer/legislators who are determined to maintain their stranglehold on our judicial system.

They either have to be defeated when running for reelection or they must begin to represent you, the people.

It's time for a justice system that is fair. It's time for a justice system that is just.

Tomorrow, I will write about my first (disgusting) taste of the power of lobbyists.

State Rep. Joe White

Joe White represents Lexington and Newberry County in District 40 in the SC House of Representatives. He is a retired business owner and member of the SC Freedom Caucus. Joe can be reached at joewhite@schouse.gov

http://www.sc-confidential.com/jwhite
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My First Taste of Lobbyist Power

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