Judge Waller’s distinguished career doesn’t go unnoticed

State Supreme Court Justice John Waller’s impending retirement was lost in the shuffle last week when Kaye Hearn was selected to replace him.
It should not have been.

Hearn will become the second woman to sit on the court, joining Chief Justice Jean Toal, when Waller steps down at the end of this year.

The Conway woman’s rise to the court from the S.C. Court of Appeals is reason to celebrate because it adds another woman to the bench. She will join Chief Justice Jean Toal, who was elected to the five-member court in 1988.

The appointment by the legislature will bring down the curtain on the distinguished career of Waller, a 71-year-old Mullins native who rose from small-town lawyer to become one of the most powerful and respected people in the state.

Waller joined the court in 1994 and has been part of history. He was there when the court elected its first female and first black chief justices. He has helped rule on cases ranging from video poker to First Amendment disputes. Before his departure, Waller likely will hear arguments over whether Gov. Mark Sanford must take federal stimulus money since it’s been appropriated by the legislature.

One of Waller’s dissents was of local interest in 2002. The Supreme Court upheld the conviction of Ronald P. White of Florence for illegal tattooing. Justices ruled the process of tattooing is not protected by the First Amendment. State law prohibited tattooing by anyone other than a physician as a public health issue.

“In my view, there is no doubt that, in creating words, pictures, or images on the bodies of those who wear tattoos, White is intending to convey a message and the message is likely to be understood by those who view it,” Waller wrote in his dissent. “White’s conduct in creating tattoos is a form of art which is entitled to the same protection as any other form of art.”

Waller, the only child of J. Henry Waller and Elnita R. Waller, was active in Mullins his entire life. He practiced law in the Marion County community after earning his law degree from the University of South Carolina in 1963. He was a charter member of the Rotary Club, secretary of the Jaycees and joined the Shriners and Masons. He was instrumental in the planning and development of Pineland Country Club.

The young lawyer jumped into politics in 1967. He was elected to the S.C. House of Representatives, served five terms and was voted Majority Leader for the 1975-1976 session. In 1976, Waller was elected to the S.C. Senate, where he served until he ran successfully for Circuit Court Judge for the 12th Judicial Circuit in 1980. He was on the Circuit Court until he was chose for a vacant seat on the Supreme Court in 1994.

The legislature’s decision to choose Hearn as Waller’s replacement was applauded by many. The profession does lack diversity. Only 23 percent of judges in South Carolina are women, though one-third of all lawyers in the state are women. Two other judicial elections caught our eye last week and deserve congratulations.

Florence native Ralph King “Tripp” Anderson III, 49, was named chief judge of state Administrative Law Court. The South Florence High and Francis Marion graduate’s rise sends a significant message about hard work and determination. King is quadriplegic.

Hartsville Mayor Michael Holt was chosen by legislators as a family-court judge on the Fourth Judicial Circuit. Holt will have to resign his job in Hartsville before he joins the court July 1.

— Unsigned editorials represent the views of this newspaper. Editorial Board members are Mark Laskowski (regional publisher), James Bennett (regional editor), Sam Bundy (sports editor), Kimberly Ginfrida (news editor), David Johnson (regional circulation director), Charles Tomlinson (Lake City News & Post editor) and Jackie Torok (metro editor).