Social Sciences Essay: The State Judicial Selection and Removal Process

The State Judicial Selection and Removal Process
Name
Institutional Affiliation
The State Judicial Selection and Removal Process
South Carolina Judicial Selection Process
The process of selecting judges varies with the state in terms of qualification, election, duration of services, and the number of individuals per each level of the judiciary (Justia Law, 2021). For instance, some of the methods applied in different states for the selection of judges include selection through gubernatorial appointments, partisan and nonpartisan elections, merit selection, creation of nomination commission, and legislative appointment. In the state of South Carolina, the judicial system consists of different courts, including the Supreme Court, the court of appeal, circuit court, other courts like family, probate, equity, municipal, and magistrate courts (South Carolina Bar, 2021). South Carolina is unique in that it is one of only two states where judges are selected through legislative vetting. While judges are selected through a legislative process, some judges are appointed by the State’s Governor after being nominated from the General Assembly, the municipal council or senatorial delegation. The processes for selecting justices to serve in the Supreme Court and judges to serve in the court of appeal and circuit court are similar in that individuals interested in these positions must be subjected to a thorough screening process conducted by the South Carolina Judicial Merit Selection Commission (JMSC) (South Carolina Bar, 2021). Three individuals per each slot are recommended to the state legislature that either select one or dismiss them all. After being selected, justices serve a ten-year term, whereas judges in circuit court and the court of appeals serve six-year and six-month terms, respectively. After finishing their terms, judges can be re-elected by the legislature (South Carolina Bar, 2021). The requirements for these positions are identical. To serve as a justice in the Supreme Court or judge in courts of appeals or circuit court, an individual must be a US citizen aged between 32 and 72-year-old, have lived in South Carolina for a minimum of five years, and licensed attorney for not less than eight years (Justia Law, 2021).
For the courts with limited jurisdiction, such as family, probate magistrate, municipal, and Masters-in-Equity courts, the process of selection of judges in each level is as follows. In probate courts, judges are selected through partisan contested elections (South Carolina Bar, 2021). Qualifications include individuals interested must be United States citizens, the residence of South Carolina, possess a bachelor’s degree or have worked as probate judge for four years and are above 21-years old. For family courts, judges are elected by legislators and serve for six years, must have lived in Carolina for not less than five years, served as attorneys for at least eight years, and aged between 32 and 72 (Justia Law, 2021). Magistrate courts judges are appointed by the governor with consent and advice from the senate. They also must be United States citizens, residents of the state for a minimum of five years, aged between 21 and 72, and possess a two-year associate degree. For municipal court...