Candidate for York, SC, judge found qualified, but GOP lawmakers may scuttle her
York County has never had a resident female circuit court judge, and although a state commission has endorsed a candidate for the court, some Republicans in the legislature say they want to reject her and restart the process.
Melissa Inzerillo of Rock Hill is only candidate in an upcoming election by the S.C. General Assembly for a 16th Circuit judicial seat based in York and Union counties. York County has never had a resident female circuit court judge.
Inzerillo is a longtime lawyer at the 16th Circuit Public Defender’s office who passed a screening as qualified through the state’s Judicial Merit Selection Commission.
Inzerillo, 48, has never held elected office before and has never run for office until now. She is a candidate for the judge seat held currently by Dan Hall, who retires Feb. 14.
However, the race is not yet decided because some York County Republicans are against her and claim she doesn’t have the votes to win a majority of the 170-member legislature.
The election is scheduled for Feb. 5.
Republican Rep. Tommy Pope of York, formerly York County’s top prosecutor, said that from his count, he does not believe Inzerillo has enough votes to win.
“Although we only have one candidate in the 16th Circuit, from the numbers I have seen I do not believe Melissa will have the votes,” Pope said.
Republican State Sen. Wes Climer of Rock Hill said he will not vote for Inzerillo despite her being the only candidate. Climer also said he is asking other state senators to oppose Inzerillo.
“The people of York County are pro law enforcement and pro law and order, and Melissa Inzerillo is not,” Climer told The Herald in a phone interview Wednesday night. Asked for evidence to back up his accusation against Inzerillo, Climer said he made his decision to try to keep her off the bench based on the public record from the commission’s screening — the one in which she was found qualified.
“The sum of Inzerillo’s body of work indicated insufficient concern for the victims of crime,” he said.
Public defenders represent people who can’t afford an attorney, under the 6th Amendment to the U.S. Constitution.
York County’s only Democrat in the legislature, Rep. John King, said he not only supports Inzerillo, he is advocating to other legislators across the state to elect the first-ever woman circuit judge in York County. King vowed to keep pushing for Inzerillo.
“I don’t give a damn if she’s conservative or liberal, what I am concerned about is (that) any judge in this state will be fair to anyone standing before them, and follow the Constitution,” King said.
Candidates for judge in South Carolina can seek commitments from legislators but state rules for the commission show judge candidates are not allowed to comment on the race.
Candidates for judge were allowed to seek commitments from legislators starting on Tuesday. It remains unclear if Inzerillo has enough commitments to secure the seat.
How judges are elected in South Carolina
Voters don’t elect judges in South Carolina. The legislature chooses them after a review process by the Judicial Merit Selection Commission, which is made up of six legislators and four other appointees. South Carolina is one of only two states where judges are elected by the legislature — Virginia is the other.
Inzerillo and another female candidate initially applied for the seat in 2024, according to a public release from the commission. The other candidate withdrew before commission screening.
Inzerillo, the sole remaining candidate, was found to be qualified by the commission, according to documents it released publicly Thursday. Those qualifications include judicial temperament, experience, and other categories. It also references her volunteer work in the community.
“The Commission commented that Ms. Inzerillo enjoys a reputation as a hard-working attorney,” according to the documents. “The Commission highlighted Ms. Inzerillo’s willingness to help others and her commitment to work toward bettering the justice system in South Carolina.”
In the November video hearing from Inzerillo’s public hearing before the commission, Republican Sen. Luke Rankin, the commission chairman, said a long letter from a supporter about her work ethic and “making the justice system the best it can be” speaks volumes about her.
Another member, Columbia lawyer J.P. “Pete” Strom, a former prosecutor who was the U.S. attorney for South Carolina, said in the hearing Inzerillo should not apologize for being a public defender.
York County’s legislators weigh in
The legislature has a large Republican majority in both chambers.
Starting earlier this week on Tuesday, candidates for judge slots — there are several across the state for the court of appeals, circuit judge positions and others — could legally ask legislators for support. Those pledges are called commitments.
York County has four state Senators — all Republicans. It has several House members — all are Republicans except King, the sole Democrat.
If Inzerillo can’t win a majority vote in the Feb. 5 joint session, the legislature would have to restart the process for the seat. It’s unclear how long the judicial post would be vacant.
“This is vital because our resident judges are tasked with administering justice fairly and evenhandedly and overseeing the safety and well being of the citizens of York and Union Counties,” Pope said.
Another Republican House member, Brandon Guffey, said he is not supporting Inzerillo because, like Pope, he wants more than one candidate to choose from. He said the 16th Circuit “deserves the opportunity to choose from the best candidates to fill the seat.” He said he plans to abstain from voting.
But Inzerillo does appear to have at least some Republican support in the legislature.
King, the sole Democrat and only African-American in the York County delegation, told The Herald he is firmly behind Inzerillo’s candidacy. King called Inzerillo an “amazing candidate,” who “went through the process and was found to be qualified.”
King said he is offended that legislators who support judicial reform are now pushing to defeat the one candidate who has been found qualified by the commission. All candidates go through the process, King said.
King said politics should not play a role in electing a judge and Inzerillo has shown the commission and the public in her 20-year career she has the temperament and can be fair for all people regardless of politics, race, gender, or any other factor, King said.
York County needs diversity on the bench, King said.
Past elections
There is recent history of one candidate coming up for a vote and not getting a majority. In 2024, judicial candidate James Smith of the Columbia area — a former Democratic candidate for governor and former legislator — was the sole candidate in a race for a seat. Smith lost a floor vote.
Hall, the judge retiring, has been on the bench for 10 years after working for decades as both a prosecutor and public defender. Bill McKinnon holds the other judge seat in the 16th Circuit, but that one is not up for election this year.
The York County delegation can lobby their fellow lawmakers, but ultimately a decision is up to the full legislature. For example, when Hall ran for re-election in 2022, some York County Republicans voted for him and some Republicans opposed him. Hall won by a majority in 2022.
This story was originally published January 24, 2025 at 5:00 AM.
