South Carolina and California:

Method of Judge Selection

From what I saw between the South Carolina and California judicial system is that the southern state breaks down its courts more so than California. South Carolina has four levels: Supreme Court, Court of Appeals, Family/Circuit/Master-in-Equity Courts, and Magistrate/Municipal/Probate Courts (South Carolina Judicial System, 2014). California on the other hand has its Judicial System broken down in three simpler levels: Supreme Court, Court of Appeals, and Superior Court (American Judicature Society, 2014). Both states select their judges under “The Missouri System” and general elections, but they add  a twist to the Missouri System.

Let’s start off with South Carolina. Judges of the: Supreme Court, Court of Appeals, Circuit, Family, and the Administrative Law Division are chosen by a joint public vote of the General Assembly after a commission has reviewed and screened the candidates (Judicial Merit Selection Commission, 2014). Both the Master-in-Equity and Magistrate Judges are appointed by the Governor but they differ on who advises and consents. The General Assembly is responsible for the Master-in-Equity Judges, while the Senate is responsible for the Magistrates.  Municipal Judges are elected by municipal councils (Judicial Merit Selection Commission, 2014). Finally, the public is in charge of electing Probate Judges.

California’s system of appointing judges is a little different than South Carolina. Supreme Court Justices are also screened by a commission, but after the Governor appoints a judge; he/she must be confirmed by the Chief Justice, Attorney General, and a presiding justice of the Courts of Appeals (American Judicature Society, 2014). Selection of judges for the Court of Appeals follows the same protocol as the Supreme Courts. Judges for the Superior Court on the other hand are voted for in nonpartisan elections, where they serve 6 years.  The Governor of the state holds the power to fill vacancies but even then nominees have to be screened by a commission (American Judicature Society, 2014).

Links:

www.judicialselection.com/judicial_selection/index.cfm?state=CA

www.judicialselection.com/uploads/documents/California_1184079734639.pdf

www.judicial.state.sc.us/judges/howJudgesElected.cfm

www.judicial.state.sc.us/summaryCourtBenchBook/HTML/GeneralA.htm

References

American Judicature Society. (2014, April 3). California Court Structure. Retrieved from American Judicature Society: www.judicialselection.com/uploads/documents/California_1184079734639.pdf

American Judicature Society. (2014, April 3). Judicial Selection in the States: California. Retrieved from American Judicature Society: www.judicialselection.com/judicial_selection/index.cfm?state=CA

Judicial Merit Selection Commission. (2014, April 3). How Judges Are Elected In South Carolina. Retrieved from South Carolina Judicial Department: www.judicial.state.sc.us/judges/howJudgesElected.cfm

South Carolina Judicial System. (2014, April 4). Retrieved from South Carolina Judicial Department: www.judicial.state.sc.us/summaryCourtBenchBook/HTML/GeneralA.htm