COLUMBIA, S.C. — Amidst deliberations to fill a significant judicial position, three candidates vying for a spot on South Carolina’s Court of Appeals faced a legislative panel on Monday. This nomination process is part of a broader movement to address the state’s substantial backlog of court cases. The applicants include Circuit Court Judges Kristi Curtis and Courtney Clyburn Pope, and Jason Luther, the chief legal officer at the state’s Department of Revenue.
These judicial hopefuls were scrutinized in a session that underscores a unique aspect of South Carolina’s judiciary—its judges are predominantly elected by the state Legislature, a practice shared only with Virginia. Over the next two weeks, this panel will evaluate 83 candidates for 52 upcoming vacancies across various levels of the state judiciary.
Clyburn Pope and Curtis, if elected, are positioned to influence the gender and racial diversity within the court. The election of Clyburn Pope, a Black woman and daughter of a longtime state legislator, could increase racial diversity in a court that currently includes only one Black judge, John Geathers. The court could also regain gender parity with either woman’s appointment, balancing the bench with five men and four women.
During the screening, Curtis expressed a particular concern for the backlog of court cases, a sentiment echoed across the legal community. She emphasized the need for innovative approaches to expedite cases that have stalled in the system. The state has at least 11,600 cases involving suspects indicted three or more years ago still awaiting trial, a considerable challenge highlighted by House Speaker Murrell Smith.
Furthermore, proposals such as the appointment of traveling lawyers have been suggested to address the backlog, with the legislature allocating $1.5 million for a special task force aimed at processing older cases efficiently. Additionally, Curtis, leveraging her previous experience as a magistrate dealing with a backlog of drunk driving cases, voiced her advocacy for more support in the appellate courts to quicken the processing of cases.
Clyburn Pope suggested another approach—increasing the number of judges to enable a fourth panel on the nine-member Court of Appeals, which could potentially hear more cases. The panel praised Clyburn Pope for her capability as a circuit court judge, reflecting the high esteem she has garnered early in her judicial career.
Luther, the only candidate without prior judicial experience, faced inquiries about this gap. He defended his candidacy by discussing his substantial legal experience at the Department of Revenue, which includes handling appeals, as well as procurement, bankruptcy, and foreclosure law.
Lastly, the panel discussions also surfaced broader issues like public outreach to build trust in the legal system and enhanced treatments for drug abuse and mental health, reflecting the candidates’ awareness of social issues impacting their community.
These conversations are part of a cascade of hearings set to continue as the state government considers various candidates for multiple judicial roles, seeking to address both immediate and long-term challenges within the South Carolina judicial system.
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