‘What if I wanted to be a
justice?’ Fort Mill girl finds flaw
in state Supreme Court
submitted
Josie Duda of Fort Mill is pushing for more women to be on the S.C. Supreme Court.
BY KAYLEN PRITCHARD
KPRITCHARD@HERALDONLINE.COM

South Carolina is the only state in the U.S. that doesn’t have a woman on its Supreme Court. In 233 years of South Carolina history, there have been only two.

Eleven-year-old Josie Duda of Fort Mill wants that to change.

“Last year, when the South Carolina Supreme Court came to York County in Rock Hill, my mom and dad took me out of school as a field trip to go see one of their cases,” Josie says.

Elizabeth Duda recalls her daughter’s dismay at the lack of female justices.

“She told me the first thing she noticed is that five men walked out on stage and there were no women,” Elizabeth said. “It’s so important for these girls to have female role models, and it was so disappointing to walk in there and not see representation of women.”

After that letdown, Josie became aware of another piece of startling news.

“In the past year, my mom told me that the woman who was on the South Carolina Supreme Court retired, and I was upset that there weren’t any women anymore,” Josie said.

Justice Kaye G. Hearn was the second woman in South Carolina history to serve on the state Supreme Court, serving from 2010 to 2022. The first was Chief Justice Jean Toal. She served 27 years.

The South Carolina Supreme Court consists of a Chief Justice and four Associate Justices. They are selected by the South Carolina General Assembly for a term of 10 years. The current members are: Chief Justice Donald W. Beatty; and Associate Justices John W. Kittredge, John Cannon Few, George C. James Jr., and D. Garrison Hill.

So Josie decided to take action.

She created a petition with dozens of signatures from around Fort Mill to share with S.C. Sen. Michael Johnson.

Senator Johnson confirmed Tuesday that he has received the petition.

“He has more power than I do, so he’s more likely to be able to get the word out to people who don’t know. He’s more likely to be able to change something,” Josie said.

She said she hopes the petition will express a collective voice in support of more women in places of power.

“I first got my class to sign it, and my Girls on the Run team,” Josie said.

Josie noticed that, while many students in her class were excited to sign the petition, there also were negative responses.

“Some boys did not sign it because they saw it as a competition of boys versus girls and about who could get on top,” Josie says. “This isn’t a competition. It’s about what’s best for the people and how we can improve.”

‘Three women’

Josie said she envisions a state where gender representation on the SC Supreme Court is proportionate to the state’s gender population.

The U.S. Census shows that women make up just over 51 percent of South Carolina’s population.

“... So there really should be three women, but I think there should be at least two,” Josie said. “There should be equal representation because everyone’s voice and opinion should be able to collaborate together.”

Josie said she wants to pursue a career in the legal field, and she is worried about how disproportionate gender representation in state government could affect young women.

“What if I wanted to be a Justice on the S.C. Supreme Court but because I saw there are none now I give up on my dream? What if in the future S.C. misses out on an amazing leader because of the court now?” Josie wrote in a letter to Johnson that accompanied her petition.

Josie has received a letter from Johnson’s office responding to her petition.

“While I too join you, and all of those who signed your petition, in wanting a woman on the Supreme Court, I do not believe we should name a woman just for the sake of doing so,” Johnson says.

“Ultimately, I do not look at a person’s race or gender when deciding who to vote for -- I try to pick the person best suited for the court.”

Josie posed a question in response.

“Would you choose a man with about the same background as someone else on the court who was 99 percent perfect for the position, or a woman with a different background than anyone else on the court who was 98 percent perfect?” Josie wrote in a follow-up letter to Senator Johnson.

Josie says she believes diversity of opinions in the SC Supreme Court should be considered when appointing justices.

Josie’s call for change shows South Carolina’s young people are paying attention.

“When I grow up, I want the option and to be able to believe that I can be in government. If I don’t see anyone up there, it won’t give me much motivation to try to be,” Josie said.