I believe a priority for every South Carolina legislator is to elect judges who will adhere to the rule of law, be impartial and be fair and reasonable. In my view, nearly all our state's judges serve us well and are mindful of those judicial tenants.
There are exceptions. Judicial misconduct is treated to bold news headlines, particularly in political tabloids, while those who rant on social media go into overdrive, fanning the flames. They blame the legislature because we are one of two states where the General Assembly elects judges.
Judicial Reform
For 14 years, I have taken seriously my responsibility. I strive to interview judicial candidates. Those meetings can take an hour, but they are worth the insights I gain. I always conclude the interview by asking each candidate for a better way to elect judges. To a person, they believe the current process is best, but each has suggestions for improvements.
This year, the legislature is moving forward with needed judicial reforms. Of course, reform will never satisfy those yelling to demolish the system, eliminate legislative involvement, and let a governor appoint judges.
Here Comes Da Judges
Last week, the House and Senate came together to elect 32 judges to serve in Circuit Courts, Family Courts, the Court of Appeals, and the Administrative Law Court. One of those votes doubles the ranks of Circuit Court judges serving Aiken County, which has had to rely on visiting judges to tackle the backlog of cases resulting from the judicial shutdown during the pandemic.
Judge Martha Rivers
Aiken attorney Martha Rivers was elected to serve as a Circuit Court Judge in the 2nd Judicial Circuit, which includes Aiken, Barnwell, and Bamberg counties. Judge Rivers joins Courtney Clyburn-Pope as this area's second Circuit Court Judge.
A native of Williston, Judge Rivers is an experienced litigator who has appeared in civil, criminal, family, and magistrate court for over twenty years. She clerked in the circuit court system after graduating from Furman University and the USC School of Law. She returned to Barnwell County to open her legal practice, which later expanded to Aiken.
Protecting Farmers
The "Farmer's Protection Act" is zooming through the Senate. The House passed the bill one month ago, sending it to the Senate, which was quickly approved by a committee and sent to the full Senate for a vote.
The bill would protect S.C. farmers from being victimized by woke initiatives that could shut them down by prohibiting financial institutions from restricting services to farmers based on environmental policies and empowering the agriculture commissioner and attorney general to investigate and penalize violations.
Many farmers depend on the availability of financing, and consumers rely on farmers for food. Reducing financing, restricting fertilizer usage, or forcing farmers to purchase electric farm machinery may put farmers out of business and raise consumer food prices. This legislation takes the necessary steps to ensure that finance companies do not unfairly discriminate against agriculture producers.
Evicting Squatters
I receive an increasing number of inquiries about evicting squatters. The Senate sent the House their bill that establishes a process for the immediate removal of squatters by law enforcement upon request of the owner of a residence.
Stopping Organized Theft
No doubt you have seen those videos of "smash and grabs" where gangs of criminals invade jewelry, computer, or other retail stores and loot the place while employees and customers run for cover. It is called organized retail theft.
The House passed legislation that establishes that when two or more people conspire to commit theft of a retail store, they can be charged with the offense of 'organized retail crime' that comes with enhanced felony penalties. A first theft offense under $2,000 would no longer be a misdemeanor and could result in three years of prison time and a $5,000 fine. Serial thieves could get 20 years in the slammer.
Constitutional Amendment
The Senate approved an Amendment to the State Constitution to provide that "only a" citizen of the United States and the state of South Carolina is entitled to vote. The current constitutional provision requires every citizen to vote; this proposed Amendment clarifies that only citizens are entitled to vote. If the House approves, the proposed Amendment will be on your November ballot.
Senate Energy
Electricity demand is soaring in South Carolina because of our rapid population growth and expanding industry. The lights must stay on, and so must our heat, air conditioning and power to hospitals, schools, industries, businesses, and homes. Electricity is essential to our lives.
The "South Carolina Energy Security Act" passed by the House several weeks ago is on speed drive in the Senate. The Senate Judiciary Committee approved H.5118, which is now before the entire Senate. The comprehensive legislation employs an "all of the above" approach to energy generation. Its chief component greenlights Santee Cooper to partner with Dominion Energy to develop new gas generation facilities at a retired coal site, aiming to meet future energy demands while fostering economic growth.
Lawsuit Reform Dies
The "South Carolina Justice Act" did not fare as well as the energy bill — it died on the Senate floor. This was one of the most critical pieces of legislation this session. The bill sought to change current state law that could leave individuals liable for all damages in a lawsuit, even if they were only partially or marginally at fault. That means everyone conceivably involved in a vehicle accident is sued, and those with "deep pockets" carry the burden of paying to settle a lawsuit or face forking over large sums in jury verdicts. That is not fair.
Celebrating My Patriot Grandfather
During the House of Representatives Easter furlough, I stepped back in time. I felt like I was standing shoulder-to-shoulder with an original American Patriot — my Great, Great, Great, Great Grandfather, Lewis Wells. My wife, Donna, and I walked the battlefield at Cowpens, where Grandpa Wells served in Col. Thomas Brandon's S.C. Militia Regiment. Grandpa Wells was on the first line of the militia that met the initial onslaught of the British.
According to eyewitness accounts, Col. Brandon's soldiers were the first to fire on the advancing British. According to plan, they quickly retreated behind Morgan's Continentals, drawing the British into their range. The militia regiments then reformed and rejoined the fight. Many accounts exist of those militia soldiers killed or wounded in hand-to-hand fighting. As you may know, the movie "The Patriot," with Mel Gibson, is a fictionalized version of the Battle of Cowpens.
The defeat of the British at Cowpens drove Gen. Cornwallis and his army out of the Carolinas, sending them to Yorktown, where they surrendered, ending the Revolutionary War, and setting America on its path. For his service, five years later, in 1786, Grandpa Wells received "6 Pounds, 17S/1D1/2 Sterling for 'Duty Done'" in Col. Brandon's Regiment.
My walk on the battlefield was more than a movie for me. I was never prouder of my family heritage and the sacrifice of my grandpa and many others who risked their lives for liberty. Today, with our nation seemingly breaking apart, we must carry on the legacy of those original Patriots and ensure America survives.
At Your Service
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