Heath Hamacher//February 11, 2015//
Of 22 judicial seats filled recently in state courts, the vast majority were retained by incumbents, and few races were even close.
But it was the election pitting a 16-year seat-holder against a lawmaker’s husband in the lowest-ranking court that made the most headlines, when the S.C. General Assembly voted 87-50 to replace veteran Administrative Court Judge Carolyn Matthews of Columbia with Harold “Bill” Funderburk Jr.
Funderburk, a Camden municipal judge, is the husband of state Rep. Laurie Funderburk, D-Kershaw, who did not cast a vote in the election. Twenty-six other lawmakers also refrained from voting, and one, Sen. Shane Martin, R-Spartanburg, moved to remove both candidates and start over.
The motion was tabled and never voted upon.
Martin did not immediately return a message seeking comment.
Matthews received 19 votes from senators, edging Funderburk by two votes, but lost by a substantial margin in the House, in which Laurie Funderburk is a member.
After the election, Gov. Nikki Haley took to Facebook, posting voting results and calling the election “blatantly unfair.”
“Unfortunately, conflicts of interest are alive and well at the State House. The legislature elected the spouse of a legislator today to be a judge,” Haley wrote. “Those who voted for Funderburk supported the conflict of interest. Thank you to those who took a stand and voted for Matthews.”
Haley is not alone in her view, as critics of what they consider “politics” – with at least an appearance of conflicts of interest – have spoken out loudly in opposing a system where lawmakers both nominate and elect judges.
Five bills have been introduced this year that would change the election process, each of them involving a governor’s appointment at some stage. Proponents of the current system believe this could give the governor too much power.
In the only other Administrative Law Court election, Deborah Brooks Durden of Columbia retained the seat she won in 2009.
Follow Heath Hamacher on Twitter @SCLWHamacher
Results from family court, circuit court and Court of Appeals elections:
Seat `Court Name Elected/Re-elected
4th Judicial Circuit, Seat 2 Circuit Court Roger Henderson Elected
13th Judicial Circuit, Seat 1 Circuit Court Perry Gravely Elected
At Large, Seat 9 Circuit Court Tanya Gee Elected
9th Judicial Circuit, Seat 2 Family Court Alice Richter-Lehrman Elected
Chief Judge, Seat 5 Court of Appeals John Few Re-elected
Seat 6 Court of Appeals Aphrodite Konduros Re-elected
5th Judicial Circuit, Seat 3 Circuit Court Robert Hood Re-elected
9th Judicial Circuit, Seat 3 Circuit Court Roger Young Re-elected
13th Judicial Circuit, Seat 3 Circuit Court Robin Stilwell Re-elected
14th Judicial Circuit, Seat 2 Circuit Court Carmen Mullen Re-elected
15th Judicial Circuit, Seat 2 Circuit Court Benjamin Culbertson Re-elected
At Large, Seat 1 Circuit Court W. Jeffrey Young Re-elected
At Large, Seat 2 Circuit Court R. Markley Dennis Jr. Re-elected
At Large, Seat 3 Circuit Court Clifton Newman Re-elected
At Large, Seat 4 Circuit Court Edward “Ned” Miller Re-elected
At Large, Seat 5 Circuit Court J. Mark Hayes II Re-elected
At Large, Seat 6 Circuit Court William Seals Jr. Re-elected
At Large, Seat 7 Circuit Court J. Cordell Maddox Jr. Re-elected
At Large, Seat 8 Circuit Court David Brown Re-elected
At Large, Seat 10 Circuit Court James Barber III Re-elected