A year after S.C. Sen. John Courson's suspension, Columbia voters still lack representation
Story Date: 3/17/2018

A year after S.C. Sen. John Courson's suspension, Columbia voters still lack representation
By Jamie Lovegrove
Mar 17, 2018 
 
COLUMBIA — March 17 marked the first anniversary of state Sen. John Courson's suspension from office due to charges of political misconduct.

That means some 110,000 Columbia-area residents have gone without representation in the state Senate for a full year.

The lingering absence in the 46-member chamber has presented difficult questions for friends and supporters of the senior Republican who say they understand his legal right to continue challenging the charges but fear the consequences of leaving the seat inactive for so long.

Making matters worse, some of those same Lexington-area residents were also represented by ex-Rep. Rick Quinn, who was forced to resign following his own lengthy suspension by pleading guilty to one charge of misconduct in office.

By the time Quinn's seat is filled May 1, that vacancy will have also been open for almost a year. 

"You've literally got taxation without representation," said Lexington County GOP chairman Craig Caldwell.

"It should never happen," Caldwell said. "During budget week and everything else that's going on, none of these people have a voice at the Statehouse right now."

For Senate Majority Leader Shane Massey, R-Edgefield, Courson's extended absence has cost him a reliable Republican vote in the Senate. The most pressing issue, he said, is ensuring all of the state's voters have a say in legislation.

"I understand there are some valid reasons why the charges haven't been resolved but I think it would be in everybody's best interest, whether it be the people who live in that Senate district or the membership of the Senate or the state as a whole, to have the charges resolved one way or another as soon as possible," Massey said.

Courson is one of six current and former lawmakers ensnared in the five-year-old Statehouse corruption probe. Three legislators, including a former House speaker, have pleaded guilty and resigned from office. Courson has denied allegations he pocketed more than $130,000 in campaign money funneled through his political consultant, Richard Quinn & Associates. 

In Courson's absence, Massey said he received several messages from Columbia-area residents about various issues and has taken them into consideration. He expects many other senators would do the same if asked.

But he knows that may be insufficient consolation.

"If I were a member of the public living in that area, I'd want to have somebody that I can call my own," Massey said.

Temporary appointment

Courson's extensive suspension has presented an unusual dilemma for South Carolina lawmakers. While the Statehouse has seen plenty of lawmakers suspended for misdeeds in the past, the duration of this absence raises new concerns of whether there are appropriate measures in place.

Last year, government watchdog John Crangle and Charleston attorney Jim Davis tried to get the state Supreme Court to decide whether the governor could appoint a temporary replacement without violating the state constitution.

"It cries out for a remedy," Crangle said.

The court declined to weigh in, and the lawyers chose not to pursue it in lengthy circuit court proceedings where the issue may become moot by the time it would be decided.

Lawmakers have been torn on the idea of temporary gubernatorial appointments. 

"I don't know whether the constitution allows that type of scenario," Massey said. "You'd certainly prefer to have people be able to vote to choose their members of the General Assembly, rather than having somebody appoint them. But at the same time, they need representation."

While an appointment would not be ideal, some argue it would be the best available option.

"That mechanism would be better than what we currently have," Caldwell said. "It's better than nothing."

Calls to retire

As a longtime friend and constituent of Courson's, Crangle advised the veteran legislator to retire last year in order to restore representation for the district. Noting that the 73-year-old lawmaker may be approaching the end of his legislative career anyway, Crangle argued now would be the right time to move on and focus on his legal difficulties.

"Without in any way admitting that you have done anything wrong, you can retire from office on the grounds that your litigation will continue to prevent you from providing service to your constituents and to the people of South Carolina for an indeterminate period of time," Crangle wrote in a letter to Courson.

Despite several phone conversations between the two before that letter, Crangle said Courson never replied to his suggestion.

Asked if Courson has considered stepping aside while continuing to fight the legal charges, his lawyer Rose Mary Parham gave no indication there has been any change in plans.

"He looks forward to his trial and to serving his constituents again," she said.

Still, after another delay in Courson's proceedings in recent days due to medical complications involving his attorney, a resolution appears to be months away.

"I’m a believer that a person should have the right to prove their innocence," Caldwell said. "However, I do wish Sen. Courson, like some of the others have done, would resign because those seats need to be filled. It’s a huge black mark on these citizens and there’s got to be a better way of doing it.”