The Honorable Clifton Newman will continue to serve as an at-large judge of the South Carolina Circuit Court until his mandatory retirement age of 72 at the end of this year. He has presided over a number of high-profile cases in his 23 years on the bench, including most notably the murder trial of Alex Murdaugh.
The eyes of the nation and the world were fixed on South Carolina early this year during the six-week murder trial of Alex Murdaugh. The Honorable Clifton Newman was chosen specifically to preside over what is now the state’s most famous murder case due to his levelheaded approach and history of managing other high-profile cases with cool judgment and justice.
Judge Newman, who has served as a judge since his election by the state’s general assembly in 2000, will continue to serve as an at-large judge of the South Carolina Circuit Court until his mandatory retirement age of 72 at the end of this year. His daughter Jocelyn Newman also currently serves as a circuit court judge.
As I walked up to shake Judge Newman’s hand before we sat down to squeeze in a few minutes before his next court hearing, I was struck by the commanding presence of this tall man with a gentle voice. Judge Newman immediately puts those he is around at ease while still possessing the strong presence of leadership that can’t help but elicit respect. It was an honor to learn more about this South Carolina legal trailblazer.
Q: Where did you grow up, and what was life like for you growing up?
A: I grew up in Williamsburg County, in the town of Greeleyville, and life for me growing up was typical of rural South Carolina in the ’50s and ’60s. I went to a small school that had not desegregated. The schools were actually segregated until the year of my graduation in 1969. I left South Carolina at age 17 after my graduation from high school.
Q: Did you always want to be a lawyer?
A: Interestingly, I played the role of a lawyer in my high school play, which was based on the 1955 school desegregation case Briggs v. Elliott /Brown v. Board of Education. My character represented poor people seeking a quality education. That experience planted the thought in my mind of becoming a lawyer. I was 15 or 16 at the time, and the thought came back to me later in college.
Q: Was it in college that you decided to enter the legal profession?
A: Yes, I was active in the student government and was president of the student body. Some of my good friends had matriculated into law school at Cleveland State University, and I was inspired by some of them to follow their career path.
Q: What made you go to Cleveland State University for undergrad?
A: My mother left Greeleyville when I was very young to go to New York City for employment, which was rather typical of the time. She worked for a family in Scarsdale as a domestic worker, and that family later relocated to Cleveland. So, when I graduated from high school, I joined my mother in Cleveland. My mother and the family she worked for, the Stein family, arranged for me to receive a full scholarship to attend Cleveland State University. I am happy that I attended Cleveland State University because it was there where I met my wonderful wife of almost 50 years, Patricia.
Q: What role models or mentors did you have?
A: My most significant role model was my high school principal, Dr. Charles Edward Murray, for whom the high school was later named. He was a strict disciplinarian and a very culturally inspired man. He gave me a hard time, making sure I focused on my education and that I learned to speak properly. He was a tremendous influence on me as far as my desire to pursue further education. Of course, many family members were inspirations to me, including my late uncles, the Rev. Sen. I. DeQuincey Newman, the Rev. Omega Newman, and Bishop Ernest Newman. Of note was my grandfather, Fullard Singleton, who had only a fourth-grade education but common sense second to none. They were my family inspirations, in addition to many others.
Q: When you were young, were you involved with your church — with your uncle being a bishop?
A: Yes, I grew up as a United Methodist. My uncle DeQuincey founded three United Methodist churches in this state, including I. DeQuincey Newman United Methodist Church in 1981, of which I am a charter member and still an active member.
Q: What was the nature of your practice before you became a judge?
A: I started out as a criminal defense attorney and a civil practitioner for six years. I then became an assistant solicitor and founded a law firm at the same time. I was a prosecutor in Williamsburg County and managed my law firm for 17 years before becoming a judge.
Q: When and why did you decide to pursue a judgeship?
A: As a lawyer, particularly as a prosecutor, I was intimately involved in the inner workings of the court. I became familiar with working with judges and operating court. As a lawyer, I was continually seeking relief from a judge. It was always, “May it please the court,” and asking the judge to issue an order or provide some relief for my client. I thought it would be nice to be in that position where I was the one being asked and the one issuing the orders. It was a natural progression, I believe.
Q: Describe the process of election to the bench.
A: The process of being elected to the bench is unique in South Carolina. South Carolina is one of only two states in the country where judges are not popularly elected or appointed by the governor. In South Carolina, the process of becoming a judge is open to any lawyer with sufficient years of experience. Lawyers who apply are screened by the Judicial Merit Selection Commission, and the top three candidates are voted on by the Senate and House of Representatives in a joint session of the General Assembly. The candidate that receives a majority of the votes cast is elected to serve as a judge. It’s an interesting process in which the outcome is fortunately not determined by the size of your bank account, as is the case in most states.
Q: What attributes are most important for a judge?
A: One of the most important attributes for a judge to have is humility and respect for the people with whom you are dealing. As a state circuit court judge, I often encounter people when they are most vulnerable, some in their most stressful situations. Everyone who appears before the court deserves respect regardless of their predicament. Even if the results may not be the results they desire or are entitled to receive, they are nevertheless entitled to respect. As a fellow human being, judges should never think too highly of themselves.
Q: Do you enjoy being a judge more than practicing law?
A: Practicing law and being a judge are equally challenging. Each has its own special responsibilities, and it is hard to rank one over the other — each has a unique role. The focus is more on you as a judge than as a lawyer, unless you are the flamboyant type who seeks the limelight over respect for the judicial process. Being a judge and being a lawyer — it is hard to rate the two because each is essential to the operation of our legal system.
Q: What is it like to have a daughter on the bench?
A: It is an amazing experience to have my daughter as a colleague on the bench. Certainly, I always aspired for my children to follow in my footsteps, or at least to be influenced by my career path. I was excited when my daughter expressed an interest in becoming a judge and excited that, with my experience, I have been able to help her along the way.
Q: Does it happen often that family members serve on the bench?
A: It is special and, to my knowledge, is the first and only time in the history of South Carolina that a father and daughter have served on the bench at the same time. Of course, we have gone through a period in history when women finally obtained certain rights and African Americans finally obtained certain rights. Women as judges is something that did not occur in South Carolina, I believe, until the ’80s. Former Chief Justice Jean Toal was, of course, a trailblazer in that way. So, there were not many female judges to begin with, and for a father and daughter to serve together is unique. We are proud to have been chosen to serve.
Q: What are the attributes of the best attorneys who appear before you?
A: There are rules of professional responsibility that all lawyers are required to follow. The best attorneys who appear before me are those who honor the duty of candor. It is important for lawyers to be respectful and honest with the court in representing their clients. Lawyers who are the most effective exude confidence and competence while simultaneously representing their clients without fudging or hedging the truth. It is also important for attorneys to have respect and honesty towards their clients as well. If a client discovers they are being represented by a lawyer who isn’t truthful to the court, they usually deduce that the lawyer may not be honest with them either.
Q: What traits do you find most troublesome?
A: Attorneys are often in a very difficult position, obviously. The trait I find most troubling — which appears to have evolved over the years — is a lack of respect for the court, the institution of our justice system, and the rule of law. It is essential that people have respect for the court and respect for our system of justice. Some lawyers today, many more than I wish existed, seem to suffer from a lack of respect for the institution of law.
Q: What are some of the most unusual or memorable moments you have experienced over the course of your career?
A: My legal career extends now some 47 years, and it includes a tremendous number of:challenging experiences, but perhaps one of the most memorable that quickly comes to mind was when as a prosecutor I was prosecuting a man for murder in Williamsburg County. The defendant jumped up in the middle of testimony and stabbed his lawyer, a public defender, in front of the jury. But he stabbed him not so much because he was upset with him but in an effort to get to me! He was headed my way, and fortunately law enforcement was nearby and intervened with a strong boot kick and wrestled him to the ground, recovering a shank that he smuggled into court from the jail. He attempted to subvert the trial and create a mistrial. Fortunately, he was not successful. He was ultimately convicted of murder. It was truly memorable. Of course, there are many more memorable moments, including some that are currently being highlighted in the media.
Q: Have you ever had to issue a sentence that was correct by the law but that you disagreed with personally?
A: Yes. The reality of being a judge is that I must follow the law even if I disagree with it. I believe mandatory minimum sentences for certain offenses can be unduly harsh in some cases. Some of the sentencing requirements for drug offenses, for example, carry substantial lengths of time in prison that do not, in my opinion, give many youthful offenders an opportunity for rehabilitation. In addition, under our state’s Three Strikes Law, I have encountered situations where youthful offenders are given a life sentence without the possibility of parole for serious crimes like armed robbery, burglary, or drugs. As bad as some of these crimes are, it pains me to issue a life sentence to a young person who has yet to mature into true adulthood.
Q: What would you like for the general public to know about our judicial system?
A: It’s important for the general public to know that there are many dedicated, hard working judges and other court officials who strive to uphold their oath of office and their constitutional responsibilities. It is also important for people to understand and appreciate that public participation is essential to administering justice efficiently. Responding to the call of duty as a citizen by serving on a jury is critically important, but unfortunately some people do not understand their own importance when it comes to making our system of justice work.
Q: What changes have you seen in the profession over your career?
A: Over my career, I have seen a great number of talented people become lawyers who would not have had the opportunity before. There were very few African American attorneys when I became a lawyer. There were very few women attorneys when I became a lawyer. Society has progressed significantly in that way, as it should, and a lot of hidden talent has been unearthed as a result.
Q: What concerns you the most about the future direction of our legal system?
A: I do not have that many great concerns about the future direction of the legal system. I believe the legal system is in sound hands, and I believe that the quality of judges will continue to improve. I think the profession will continue to monitor and root out those who should not be a part of the legal profession. Society will continue to benefit from a sound and strong legal system. But if we do not remain vigilant, anything can fall apart, including our legal system.
Q: What is your perspective on mandatory retirement for judges, and what are your plans after December?
A: To the disdain of many, I agree with mandatory retirement of judges! I do not believe that at age 72 a judge is incapable of performing, but mandatory retirement gives others a chance to serve and creates opportunities for new pathways for those of us who are retiring. I am excited about retiring and have no qualms with the fact that our mandatory retirement age is 72.
Q: What are your retirement plans?
A: Part of my retirement plan is to continue as a part-time judge in senior status and work a significantly reduced schedule. I also plan to work as a private judge through arbitration and act as a mediator. I am also fortunate to share my experiences with aspiring lawyers as a trial advocacy professor at the University of South Carolina School of Law.
Q: What is your proudest accomplishment?
A: My proudest accomplishment is to have gained the respect not only of the members of the bar but members of the community. I have been inspired in recent years, having been engaged in several high-profile cases, to have such a positive response to my work and to my commitment to doing my job conscientiously. That is something that I will forever cherish.
Having my daughter as a circuit court judge also ranks right up there as one of our proudest accomplishments, along with our other children experiencing great career success.
Q: Tell me about your interests outside of your profession. I understand you enjoy restoring houses and have received historical preservation awards for this work?
A: Yes, that is right. I have an interest in restoring historic houses or houses that have been abandoned yet are still useable. I also enjoy spending time in rural South Carolina and all other parts of South Carolina. Since I am from the country as I call it, I enjoy spending time in the country and engaging with people there and from all parts of the state.
Q: What do you like most about living in Columbia?
A: I really enjoy Columbia’s location and love that you can easily access any place in America from here. Living in the Midlands puts us uniquely close to the coast, the mountains, and other great areas. And we have a fantastic airport that gives us a great access point to other parts of the country. It may be on a smaller scale, but Columbia has many of the wonderful things that you find in other cities. We have great neighborhoods, great opportunities for education, sports, and above all, great people.
Q: What is your favorite restaurant?
A: I give the most business to Halls Chophouse on Main Street. I also love Terra in West Columbia and Saluda’s in Five Points.
