Beatty’s Intemperate Remarks Will Cost Him

S.C. Supreme Court Associate Justice Don Beatty has talked himself out of a future job — chief justice of the state’s highest court.
Media outlets widely reported 13 of the state’s 16 solicitors want to keep Beatty from hearing appeals involving prosecutors in criminal cases because of remarks made at a September solicitors’ meeting in Myrtle Beach.
What got the prosecutors lathered up was what they say was Beatty’s wrong, pointed criticism that accused them of abusing the powers of their offices.
“If I asked you what your job was, many of your would say ‘to put people in jail’ or ‘to win,’” according to a reportedly undisputed summary of Beatty’s remarks included in a complaint by 9^th Circuit Solicitor Scarlett Wilson of Charleston. “That’s not your job. Your job is to seek the truth.
“I’m not here to threaten you, but I want to put you on notice. We are no longer turning a blind eye to what y’all are doing. … If something is brought before us, we will reverse your cases. You have been getting away with too much for too long. … For too long, we have looked the other way but that’s over. We are not just going to overturn convictions; we are going to take your licenses.”
Wow. Wonder what a threat from Beatty would be like?
While the above rant was directed at the machinations of the courts, what Beatty said in relation to a 2012 decision was even more explosive. In that case, the high court ruled unconstitutional a state law giving solicitors control over the criminal court docket — the ability to call cases when they wanted. Essentially, the court said, the law created the potential for abuse.
At the Myrtle Beach conference, according to the summary, Beatty said he was “loaded for bear” and slammed any move to rewrite the law: “I hear that you and some legislators are out there trying to get something passed, but you better stop because you are wasting your time. It will be unconstitutional.
“There are three votes. We have the three votes on the court and we will declare it unconstitutional, whatever it is. That is right. It is unconstitutional so no legislation can overturn that. It is a question of due process. We aren’t going anywhere anytime soon so you better focus your energy elsewhere.”
Actually, there probably will be only two votes because any court with a lick of common sense would require Beatty to disqualify himself on the issue because he revealed his opinion of a future decision on a case not even before the court.
These are the remarks that are the most troublesome — that a sitting State Supreme Court justice filled with obvious vitriol would telegraph what the court might do. Beatty seems to have made up his mind — even before any new law might be passed by the legislature.
What the justice said flies in the face of judicial impartiality.
But maybe it’s good we know now because more than likely, Beatty has slammed the gavel on any hope of being chief justice. Beatty, you see, is next in line after Chief Justice Jean Toal and Associate Justice Costa Pleicones, both of whom are in a battle for the top spot to be decided early next year.
While Supreme Court terms are for 10 years, neither Toal nor Pleicones is expected to serve that long, as both are nearing the generally accepted judicial retirement age of 72. Because the legislature traditionally elects the most senior-serving justice for the top spot, Beatty should be next in line.
But Beatty, a key player in redistricting in 1992 that led to the GOP takeover of the state House two years later, won’t find much support. Legislators will now buck tradition and find someone more even-tempered.
Why? Because three independent accounts of Beatty’s September remarks have been put in his file at the S.C. Judicial Merit Screening Commission, according to its chair, Sen. Larry Martin, R-Pickens.
“If he chooses to offer for chief justice, it will be discussed,” Martin told Statehouse Report.
Good. Intemperate, partial judges are embarrassments to the fundamental rule of law.
Andy Brack is publisher of Statehouse Report. He can be reached at brack@statehousereport.com.