S.C. Editorial Roundup: Saturday, June 25, 2022

The Times and Democrat

June 16

Guardians ad litem can make big difference

It's not uncommon in many situations to hear people ask: "How can I help?"

In the case of children in the family court system because of abuse and neglect, there is a definitive way. Become a "voice" for these children by volunteering as a guardian ad litem.

Guardian ad litem volunteers come from a variety of cultural and educational backgrounds. For a few hours every month, these special people devote time to the children they represent. The most important requirements are caring and compassion for children.

The phrase "guardian ad litem" is Latin for guardian "for the suit." In South Carolina, it is a person appointed by a family court judge to represent the best interests of a child in a legal proceeding. Often in family law matters, the interest of the children can become lost and develop into a point of contention because of the stresses related to divorce, custody and support. Family court cases that commonly require a guardian ad litem include:

- Contested visitation and custody cases

- Legal name changes for minors

- Abuse and neglect cases

- Adoption

- Termination of parental rights

A guardian may be agreed upon by the parties or their counsel or may be appointed by the court. Under either scenario, a guardian's appointment order in private cases will typically set forth the guardian's functions and scope, hourly rate and fee cap for the entire case, which can only be modified by agreement or further court order.

In DSS abuse and neglect cases, the guardian is typically a non-attorney volunteer. The DSS "lay" guardian will have undergone guardian training and may have a background in teaching, social work or counseling. This person will also usually have his or her own attorney for any DSS proceedings.

In private family court cases (meaning non-DSS involved cases), a guardian is typically an attorney, but that is not a requirement.

A guardian ad litem:

- Must be 25 years old or older.

- Must possess a high school diploma or equivalent.

- An attorney guardian ad litem must complete 6 hours of family law continuing legal education (CLE) annually. This CLE must be in the areas of custody and visitation.

- A lay guardian ad litem must complete 9 hours of continuing education for initial qualification. This continuing education must be in the areas of custody/visitation (6 hours) and substantive law and family court procedure (3 hours). A lay guardian ad litem must complete 6 hours of continuing education annually in the areas of custody and visitation.

- A lay guardian ad litem must observe 3 contested custody hearings prior to serving as a guardian ad litem.

Guardians fulfill two important roles for children in legal proceedings: to act as an investigator and reporter for the court and to advocate for what he or she believes are the best interests of the child involved in the case.

Locally, July brings an opportunity to get the necessary training.

The Orangeburg/Calhoun County Office of the Cass Elias McCarter Guardian ad Litem (GAL) Program is offering the online training program at no cost.

Orangeburg/Calhoun residents interested in participating are encouraged to submit a completed application by July 10. Visit http://gal.sc.gov for more information and to download an application.

The Guardian ad Litem program was founded in 1984 and has made a major difference in many children's lives in the years since. And it has enriched the lives of adult volunteers. If you are willing to help, reach out, get trained and begin doing just that.

The Post and Courier

June 15

Outcomes less important than the proof that elections work

As South Carolina primary results trickled in Tuesday night, those hoping for a definitive answer about Donald Trump's continued hold over the Republican Party were bound to be disappointed. But that's not what should be our most important takeaway. Instead, it's that our electoral system continues to work well.

Dozens of state and local races were up for grabs, but the most media attention, particularly nationally, focused on two congressional races in which incumbents who had been critical of Mr. Trump following the Jan. 6 insurrection at the U.S. Capitol faced Trump-backed challengers.

The challenger backed by the former president in the 7th District, state Rep. Russell Fry, upended five-term incumbent Tom Rice, who voted to impeach Mr. Trump following the Capitol riots. But 1st District incumbent Rep. Nancy Mace prevailed in a close contest against another Trump-backed challenger, Katie Arrington. The results were not unlike other primary results across the country, where some Trump-backed candidates have prevailed and others have not.

"Every district is different," Ms. Mace said Tuesday night, and we agree. "This district marches to the beat of its own drum, and we really have an independent voice." Ms. Arrington graciously conceded and told her supporters that Ms. Mace won "fair and square." South Carolina Republican Party Chairman Drew McKissick congratulated both, adding, "We're all on the same team."

We had urged GOP voters to support both Ms. Mace and Mr. Rice because they were attacked politically mainly for telling the truth about the integrity of our elections and our constitutional republic, and then acting to preserve that integrity: Ms. Mace for daring to say that the Constitution did not allow Congress to reject the Electoral College results from the 50 states, and Mr. Rice for condemning Mr. Trump's conduct as insurgents breached the U.S. Capitol - conduct that is coming into even greater clarity as the Jan. 6 commission continues its work.

We did not want GOP primary voters to punish two incumbents for putting our Constitution ahead of the desires of one man. It's important to note Ms. Mace essentially was criticized for voting not to certify the election results that the states sent to Washington, even though the Constitution clearly says it's the job of the Congress to accept the results from the states.

But we hope even those who disagree with us accept the results of Tuesday's primary and can appreciate how protecting and preserving our democratic system is of greater consequence than the more ephemeral issues that often determine election outcomes.

It's interesting to note that even Mr. Fry's campaign web page does not repeat the former president's false claim that he won the 2020 election; rather, Mr. Fry merely makes a vague claim of "serious voting irregularities," pledges not to nationalize our elections (a position with which we agree) and notes "Free and fair elections are the bedrock of our Republic." So while Mr. Fry's win might be viewed as a victory for Mr. Trump, it also looks like an endorsement of our elections as well.

We're pleased to note that there didn't seem to be major problems during Tuesday's voting and that the state's new early voting procedure worked well. More than 100,000 South Carolinians cast ballots during the state's first-ever 10-day early voting period; those voters accounted for about 20% of this primary election's total turnout. This new process not only made it easier for people to vote, but also helped decrease lines and wait times at the polls Tuesday.

Our leaders need to tone down the political rhetoric so we can all appreciate that, despite our differences, we are all ultimately on the same team. Our nation would be stronger for it. We are pleased to see the emergence of a new nonprofit, Team Democracy, that was formed to urge voters, politicians and other groups to sign a pledge recommitting to America's core principles: Elections are conducted according to the rule of law without partisan bias; all citizens can easily exercise their right to participate in a transparent, safe and secure electoral process; all claims of election irregularities are submitted in good faith for judgment by the judicial system in accordance with the law, and all participants accept and support the final results; and the election process, including the transfer of power, is conducted peacefully, absent intimidation, violence or other unlawful means.

Much is at stake. Retired Army Gen. Stanley McChrystal, former leader of the Joint Special Operations Command and Afghanistan War commander, is one of the group's founders. In an interview with "CBS Mornings," he correctly noted: "Our enemies would like nothing more than to find us not unified, to find us fragmented and unable to be the kind of America that they have faced before or relied on if they're allies."

It's crucial that Americans have faith in the integrity of our elections, so it's heartening that our system has passed the stress test forced on it in recent years. People of goodwill also can disagree about how serious a threat to democracy has been posed by the former president's mendacity regarding the outcome of the 2020 presidential election. But as long as our political disagreements are settled at the polls, and we guard ourselves against those who seek to corrode our faith in the American system, our election process and our nation will remain strong.