Subcommittee advances bill shifting JMSC appointments to governor, removing DEI consideration and tightening testimony timing

The Constitutional Law Subcommittee voted 4-1 to give H 47 55 a favorable report after extended discussion over who should appoint members of the Judicial Merit Selection Commission (JMSC), how to preserve diversity on the panel, and procedural changes for testimony.

Representative Gatch, the bill's sponsor, told the panel the measure would require the governor to appoint all 12 commissioners, allow up to four law-enforcement professionals on the commission, prohibit current general-assembly members and their family members from serving, and have the governor's office staff the commission. "There's a DEI provision ... this proposal says shall not consider those things," Gatch said, explaining the bill removes consideration of race, gender and national origin from appointment criteria. He also said the bill would reduce the written-testimony lead time from two weeks to 72 hours and would remove transcript fees under FOIA.

Opponents warned the changes risk concentrating influence in the executive branch and could undermine bench diversity. Lynn Teague of the League of Women Voters testified that her organization does not support replacing legislative participation with gubernatorial-only appointments and opposed removing DEI language. "We do not support the change to gubernatorial appointment of all the JMSC members," Teague said, adding that a judiciary that "looks more like South Carolina" is important.

Representative Wetmore, a returning member, said shifting appointment power does not eliminate influence but transfers it to the governor, raising concerns about cronyism. Representative Bamberg, who served on the earlier ad hoc committee, flagged a risk that the governor could "stack" the commission with prosecutors or solicitor's-office staff, which could leave defense perspectives underrepresented.

Representative Weston Newton, referencing ad hoc committee work, defended the bill on separation-of-powers grounds and noted prior reforms such as term limits were intended to reduce perceived impropriety.

What the bill would change: sponsor and committee discussion identified these key provisions ' governor-appointed 12-member JMSC; up to four law-enforcement professionals allowed; prohibition on sitting legislators or their family members serving; removal of DEI considerations from appointment criteria; shortening of written-testimony deadlines to 72 hours; elimination of transcript fees under FOIA; and changing language so pledging violations "must be considered."

Vote and next steps: The subcommittee gave the bill a favorable report by roll call (4 in favor, 1 opposed). Representative Wetmore cast the only no vote. The bill will move forward for further consideration by the full committee.