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South Carolina Supreme Court justice vacancy (December 2022)

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South Carolina Supreme Court
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Hearn vacancy
Date:
December 31, 2022
Status:
Seat filled
Nomination
Nominee:
Gary Hill
Date:
February 8, 2023

The South Carolina State Legislature appointed Judge Gary Hill to the South Carolina Supreme Court on February 8, 2023. Hill succeeded Justice Kaye Hearn, who retired on December 31, 2022. Hearn left office after reaching the court's mandatory retirement age of 72.[1][2]

At the time of the vacancy under South Carolina law, the five justices on the supreme court were appointed by the South Carolina Legislature to serve on the bench. The South Carolina Judicial Merit Selection Commission screened and selected candidates for judgeships, then submitted a list of three names to the general assembly. The assembly then voted on the candidates, either choosing one of the three recommendations or rejecting the entire slate.[3]

Ballotpedia has compiled the following resources on the process to fill the South Carolina Supreme Court vacancy:

The appointee

See also: D. Garrison Hill
Gary Hill.jpeg

Gary Hill earned a B.A. from Wofford College in 1986 and a J.D. from the University of South Carolina Law School in 1989.[4]

Hill was elected to the South Carolina Court of Appeals in 2017. Previously, he served as a circuit court judge for the Thirteenth Judicial Circuit and was an attorney in private practice.[4]

He also served as a member of the South Carolina Bar House of Delegates and as president of the Government Law Section.[4]

Appointee candidates and nominations

Ballotpedia will post information on candidates and prospective appointees as information becomes available. If you know of information that should be included here, please email us.

Applicants

The following candidates applied for the vacancy.[5]

  • Judge Gary Hill
  • Aphrodite Konduros (withdrawn)
  • Stephanie McDonald (withdrawn)

The selection process

See also: Judicial selection in South Carolina

The five justices on the supreme court are appointed by the South Carolina Legislature to serve on the bench. The South Carolina Judicial Merit Selection Commission screens and selects candidates for judgeships, then submits a list of three names to the general assembly. The assembly then votes on the candidates, either choosing one of the three recommendations or rejecting the entire slate.[3]

South Carolina Judicial Merit Selection Commission

See also: South Carolina Judicial Merit Selection Commission

The South Carolina Judicial Merit Selection Commission, also known as the JMSC, is an independent state commission in South Carolina that plays a role in the state's judicial selection process. The commission was established in 1997 by a legislatively referred constitutional amendment.[6] The JMSC has 10 members: five selected by the speaker of the House, three selected by the Senate Judiciary Committee chairman, and two selected by the Senate president.[7]

Noteworthy events

Two finalists withdraw from consideration

Two of the three finalists, Stephanie McDonald and Aphrodite Konduros, withdrew their bids for the vacancy in January 2023. With Judge Gary Hill the sole remaining finalist, the South Carolina Supreme Court was set to have an all-male bench, as the remaining four justices were also men.[8]

Makeup of the court

See also: South Carolina Supreme Court

Justices

Following Hearn's retirement, the South Carolina Supreme Court included the following members:

Donald Beatty Elected by the South Carolina General Assembly in 2007
John C. Few Elected by the South Carolina General Assembly in 2016
George C. James, Jr. Elected by the South Carolina General Assembly in 2017
John Kittredge Elected by the South Carolina General Assembly in 2008

About the court

Founded in 1895, the South Carolina Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is John Kittredge.

In South Carolina, state supreme court justices are selected through direct legislative appointment. Justices are appointed directly by the state legislature. There are two states that use this selection method. To read more about the legislative appointment of judges, click here.

As of August 2024, all five judges on the court were appointed by the South Carolina State Legislature.

The South Carolina Supreme Court meets in Columbia, South Carolina.[9]

About Justice Hearn

See also: Kaye Hearn
KayeHearn.jpeg

Justice Hearn joined the South Carolina Supreme Court in 2010. The South Carolina General Assembly appointed Hearn to the court in May 2009.

Before serving on the state supreme court, Hearn served on the South Carolina Court of Appeals for fifteen years. Previously, she was a family court judge from 1986 to 1995.[4]

Hearn received her B.A. from Bethany College in 1972 and her J.D. from the University of South Carolina School of Law in 1977.[4]

Other state supreme court appointments in 2022

See also: State supreme court vacancies, 2022

The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2021.

2022 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
Wyoming Supreme Court January 16, 2022 Michael K. Davis Retirement December 2, 2021 John G. Fenn
Virginia Supreme Court February 1, 2022 Donald Lemons Retirement June 17, 2022 Wesley G. Russell Jr.
Supreme Court of Appeals of West Virginia February 6, 2022 Evan Jenkins Retirement February 7, 2022 Alan D. Moats (temporary)
C. Haley Bunn (permanent)
New Jersey Supreme Court February 15, 2022 Faustino J. Fernandez-Vina Retirement September 14, 2022 Douglas M. Fasciale
Maryland Court of Appeals February 23, 2022 Robert N. McDonald Retirement February 17, 2022 Angela M. Eaves
Utah Supreme Court March 2, 2022 Deno Himonas Retirement May 18, 2022 Diana Hagen
Maine Supreme Judicial Court March 7, 2022 Thomas Humphrey Retirement February 1, 2023 Wayne R. Douglas
Maine Supreme Judicial Court March 18, 2022 Ellen Gorman Retirement March 7, 2022 Rick E. Lawrence
Virginia Supreme Court March 31, 2022 William Mims Retirement June 17, 2022 Thomas P. Mann
Maryland Court of Appeals April 14, 2022 Joseph Getty Retirement February 17, 2022 Matthew Fader
Utah Supreme Court June 30, 2022 Thomas Rex Lee Retirement June 28, 2022 Jill Pohlman
Illinois Supreme Court July 7, 2022 Rita Garman Retirement May 10, 2022 Lisa Holder White
New Jersey Supreme Court July 7, 2022 Barry Albin Retirement May 13, 2023 Michael Noriega
Iowa Supreme Court July 13, 2022 Brent Appel Retirement July 27, 2022 David May
Georgia Supreme Court July 17, 2022 David Nahmias Retirement February 14, 2022 Andrew Pinson
Florida Supreme Court August 31, 2022 Alan Lawson Retirement August 5, 2022 Renatha Francis
New York Court of Appeals August 31, 2022 Janet DiFiore Retirement April 10, 2023 Rowan Wilson
Indiana Supreme Court August 31, 2022 Steven David (Indiana) Retirement June 10, 2022 Derek Molter
Nevada Supreme Court September 29, 2022 Abbi Silver Retirement November 21, 2022 Patricia Lee
Pennsylvania Supreme Court September 30, 2022 Max Baer Death November 7, 2023 Daniel D. McCaffery
Illinois Supreme Court November 30, 2022 Anne M. Burke Retirement September 12, 2022 Joy Cunningham
Michigan Supreme Court November 30, 2022 Bridget Mary McCormack Retirement January 1, 2023 Kyra Harris Bolden
Oregon Supreme Court December 31, 2022 Thomas Balmer Retirement December 28, 2022 Stephen K. Bushong
Oregon Supreme Court December 31, 2022 Martha Walters Retirement December 28, 2022 Bronson James
South Carolina Supreme Court December 31, 2022 Kaye Hearn Retirement February 8, 2023 D. Garrison Hill


See also

South Carolina Judicial Selection More Courts
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Courts in South Carolina
South Carolina Court of Appeals
South Carolina Supreme Court
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Gubernatorial appointments
Judicial selection in South Carolina
Federal courts
State courts
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External links

Footnotes