Palmetto State News

Judge Jean Toal, 81, the former Chief Justice of the South Carolina Supreme Court, has drawn increasing attention to her decisions on asbestos cases in which her impartiality has been called into question—the latest of which involving Anglo American, a mining giant based in the United Kingdom. 

Toal is currently an appointed part-time circuit court judge and presides over a significant asbestos docket that sees an average of five trials each year. She has faced scrutiny for her judicial decisions and a perceived lack of transparency.  

Allegations of favoritism have raised questions about potential bias, especially considering that she has consistently upheld her jurisdiction over companies like Anglo American, which have not been proven to have sold asbestos in South Carolina but are being sued in the state anyway. 

State Rep. Jordan Pace (R-Berkeley) has been vocal about his concerns regarding the broader implications for South Carolina’s judicial system. 

“I’m unsurprised,” Pace told Palmetto State News. “The legal system in South Carolina is desperately incestuous. You have government-appointed officials who argue in front of you and depend on their jobs from elected officials. It’s a horrible cycle of back scratching at the expense of the general public.” 

He added, “The Toal situation just adds to that already problematic system.”

Critics have accused Toal of bias in favor of plaintiffs, particularly in cases involving foreign companies such as Anglo American, prompting calls for her recusal from ongoing litigation. 

Recently, Toal postponed the high-profile trial against Anglo American and its De Beers diamond unit to early February, rejecting the company’s arguments to move the case to federal court to avoid litigation in South Carolina.

Defense attorneys in the case have stated that they have submitted extensive documentation to refute the allegations of an asset-hiding scheme. However, Toal has rejected requests for further evidence, insisting on her commitment to moving the trial forward.

Toal’s past rulings have led to tensions with defendants, particularly regarding sanctions for attorneys who challenge her authority. 

Additionally, local attorney Peter Protopapas, appointed by Toal in the Anglo American trial, has been granted broad powers to demand documents and pursue funds for the asbestos claims, further intensifying scrutiny of Toal's rulings. 

The Anglo American case also features another well worn political name, that of House Speaker G. Murrell Smith, who serves as plaintiffs’ counsel. 

Pace expressed his lack of surprise at Smith's involvement in the case. 

“Drastically unsurprised,” he said. “Politics in Columbia is like professional wrestling. Everyone knows that what we see in public is staged and written ahead of time. The same individuals who have been on the Judicial Merit Screening Committee have also had their family members appointed as judges.”

Due to the strong interconnections between legislators and jurisprudence, Pace bemoaned the current state of South Carolina’s justice system. 

“This kind of stuff is just normal,” he said. “I don’t think most of them see it as a problem. Until recently, with egregious instances of influence, these individuals have been so disconnected that they can't see the issues at hand. They may not be malevolent, but they certainly don’t see the problems they create, and the public has lost faith in our judicial system.”

Pace added he did not feel Smith should be demonized, but that the issue regards closer inspection. 

“They're in so deep they can't see it from any perspective,” he said. “I don't think Speaker Smith is some nefarious, malevolent guy out there to do great evil. I just think he probably didn't see any issue with it. Hopefully now they're starting to see, 'hey, this is a problem' when the public looks at this stuff and they've totally lost faith in the fairness and fidelity of our judicial system in the state.” 

Pace criticized the optics of such connections. 

“Even if she’s a great judge, the perception of impropriety exists,” Pace stated. “That perception can be as damaging as any actual bias, regardless of whether it’s warranted or not.”

Critics have accused Toal of bias in favor of plaintiffs, particularly regarding claims against companies like Anglo American who are not known to have done business in the state, and have sought her recusal. Pace stressed the fundamental purpose of government is to provide justice.

“That is the number one job constitutionally,” Pace argued. “If this continues to be ignored, it will degrade trust in government to a point where serious problems will arise. We need to nip this in the bud.”

Reflecting on Toal's reputation, Pace said Toal, a Democrat, is not known for her conservatism. 

“She wasn’t a conservative justice on the Supreme Court,” he said. “While I haven’t heard whispers of personal impropriety, she has a reputation for being favorable to plaintiffs. Whether that’s true or not, that’s the perception I’ve heard.”

Pace pointed out the inherent issues with special courts and special appointees like Toal, arguing such judicial decisions limit options for justice. 

“When your only option is Judge Toal, that’s the problem with having special courts in the first place,” he said. “Even in a perfect world, losing a case is frustrating, but the last thing you want to feel is that you were railroaded by the system. That’s how you lose public trust.”

Pace elaborated on the challenges facing the state’s judicial structure, emphasizing the legislature's role in initiating change. 

“We’re the only ones who can fix it,” he said. “The legislature is the only entity in the state that can address these issues. The judicial system is entirely dependent on us. We don’t have three co-equal branches of government in South Carolina; we have the legislature. The judicial branch works for us collectively, and the executive is the weakest in all 50 states plus Puerto Rico.”

Toal’s judicial legacy includes being the first female Chief Justice of the state, but her tenure has not been without controversy. 

However, past scandals, including her evasion of punishment by the State Bar for hit-and-run car accidents and accusations of questionable conduct, have led to concerns about her susceptibility to corruption, according to FITS News. 

In 2013, Toal reportedly urged legislative leaders to amend the state law mandating retirement at 72, possibly in exchange for favorable treatment regarding a major court case. 

At the time, FITS News questioned the integrity of judicial elections in South Carolina and called for a system that would appoint judges rather than elect them. “Generally speaking what she wants, she gets,” a source told FITS News in 2013.

While Toal was forced to retire from the state’s high court she has been since serving in her current role as an appointee, largely overseeing asbestos cases.