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The biography of the first female Supreme Court Justice of South Carolina

In Madam Chief Justice, editors W. Lewis Burke Jr. and Joan P. Assey chronicle the remarkable career of Jean Hoefer Toal, South Carolina's first female Supreme Court Chief Justice. As a lawyer, legislator, and judge, Toal is one of the most accomplished women in South Carolina history. In this volume, contributors, including two United States Supreme Court Justices, federal and state judges state leaders, historians, legal scholars, leading attorneys, family, and friends, provide analysis, perspective, and biographical information about the life and career of this dynamic leader and her role in shaping South Carolina.

Growing up in Columbia during the 1950s and 60s, Jean Hoefer was a youthful witness to the civil rights movement in the state and nation. Observing the state's premier civil rights lawyer Matthew J. Perry Jr. in court encouraged her to attend law school, where she met her husband, Bill Toal. When she was admitted to the South Carolina Bar in 1968, fewer than one hundred women had been admitted in the state's history. From then forward she was both a leader and a role model. As a lawyer she excelled in trial and appellate work and won major victories on behalf of Native Americans and women. In 1975, Toal was elected to the South Carolina House of Representatives and despite her age and gender quickly became one of the most respected members of that body. During her fourteen years as a House member, Toal promoted major legislation on many issues including constitutional law, criminal law, utilities regulation, local government, state appropriations, workers compensation, and freedom of information.

In 1988, Toal was sworn in as the first female justice on the Supreme Court of South Carolina, where she made her mark through her preparation and insight. She was elected Chief Justice in 2000, becoming the first woman ever to hold the highest position in the state's judiciary. As Chief Justice, Toal not only modernized her court, but also the state's judicial system. As Toal's two daughters write in their chapter, the traits their mother brings to her professional life—exuberance, determination, and loyalty—are the same traits she demonstrates in her personal and family life. As a child, Toal loved roller skating in the lobby of the post office,a historic building that now serves as the Supreme Court of South Carolina. From a child in Columbia to Madam Chief Justice, her story comes full circle in this compelling account of her life and influence.

Madam Chief Justice features a foreword by Sandra Day O'Connor, retired associate justice of the United State Supreme Court, and an introduction by Ruth Bader Ginsburg, an associate justice of the United States Supreme Court.

Contributors:
Joseph F. Anderson, Jr.
Joan P. Assey
Jay Bender
C. Mitchell Brown
W. Lewis Burke Jr.
M. Elizabeth (Liz) Crum
Tina Cundari
Cameron McGowan Currie
Walter B. Edgar
Jean Toal Eisen
Robert L. Felix
Richard Mark Gergel
Ruth Bader Ginsburg
Elizabeth Van Doren Gray
Sue Erwin Harper
Jessica Childers Harrington
Kaye G. Hearn
Blake Hewitt
I. S. Leevy Johnson
John W. Kittredge
Lilla Toal Mandsager
Mary Campbell McQueen
James E. Moore
Sandra Day O'Connor
Richard W. Riley
Bakari T. Sellers
Robert J. Sheheen
Amelia Waring Walker
Bradish J. Waring


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Date de parution

22 décembre 2015

Nombre de lectures

4

EAN13

9781611176933

Langue

English

Poids de l'ouvrage

2 Mo

Madam Chief Justice
Madam Chief Justice . John Seibels Walker s portrait of Chief Justice Jean Hoefer Toal. Photo courtesy of Lucas Brown, Kickstand Studio.
Madam Chief Justice
JEAN HOEFER TOAL OF SOUTH CAROLINA
EDITED BY W. Lewis Burke Jr. and Joan P. Assey
Foreword by Sandra Day O Connor
Introduction by Ruth Bader Ginsburg
2016 University of South Carolina
Published by the University of South Carolina Press
Columbia, South Carolina 29208
www.sc.edu/uscpress
25 24 23 22 21 20 19 18 17 16
10 9 8 7 6 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data can be found at http://catalog.loc.gov/
ISBN 978-1-61117-692-6 (cloth)
ISBN 978-1-61117-693-3 (ebook)
Front Cover Illustration: John Seibels Walker
Contents
List of Illustrations
Foreword
Sandra Day O Connor, Associate Justice (Retired), Supreme Court of the United States
Acknowledgments
Introduction
Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States
It s a Girl
W. Lewis Burke Jr. and Bakari T. Sellers
You Don t Start Out as Chief Justice
Jay Bender
Into the Twentieth Century as a Lawyer Legislator
M. Elizabeth Crum
A New Associate Justice
C. Mitchell Brown
An Unrelenting Judicial Warrior in South Carolina s Video Poker Wars
Judge Richard Mark Gergel
Toal on Torts (1987-2014)
Robert L. Felix
Abbeville County School District v. State: Changing South Carolina
Jessica Childers Harrington and W. Lewis Burke Jr .
Bringing the Courts into the Twenty-First Century
Tina Cundari
Family, Friends, and Community
Jean Toal Eisen and Lilla Toal Mandsager
The Sisterhood of the Ladder: The Impact of Chief Justice Toal on the Rise in Participation of Women in the Legal Profession in South Carolina
Sue Erwin Harper and Elizabeth Van Doren Gray
Personal Reflections
Collected by Amelia Waring Walker
The Lady s a Leader
Richard W. Riley, Former United States Secretary of Education and Governor of South Carolina
The Hoefer Girls
Judge Cameron McGowan Currie
Observations of Chief Justice Jean Hoefer Toal
Robert J. Sheheen
From My Vantage Point
I. S. Leevy Johnson
Destined for the Records Book
Justice John W. Kittredge
My First Glimpse
Justice Kaye G. Hearn
An Amazing Lady
Justice James E. Moore
Reflections of a Law Clerk
Blake Hewitt
National Leader
Mary Campbell McQueen
Heeding the Call
Bradish J. Waring
All Hail the Chief!: Quintessential South Carolinian
Walter B. Edgar and Judge Joseph F. Anderson Jr .
Contributors
Index
Illustrations
FOLLOWING
Hoefer family, 1954
First Communion at St. Joseph s Catholic Church, 1951
Tea with Mother, 1961
Wedding, 1967
Baby Jean with her parents, 1973
District 75 campaign, 1974
Lilla in the garden with her mother, 1987
The Belser law firm, 1988
Swearing in as representative for House District 75, 1984
House Rules debate, 1975
Mr. Speaker : requesting to be recognized, 1982
Shandon Neighborhood Council hearing, Jean Toal and Frankie Funchess, 1976
Campaigning in Emily Douglas Park, 1976
Working on a House floor debate with I. S. Leevy Johnson, 1980
Drafting amendments on the House floor, 1983
Lilla on the House floor at her mother s desk, 1983
Girl Scout Cookies Sales Day: Representative Toal and Governor Dick Riley, 1984
Serving on the 1987 General Appropriations Conference Committee
House strategy session with Jean Toal and Speaker of the House Robert J. Sheheen, January 1987
Elected South Carolina Supreme Court associate justice, January 28, 1988
Jeepers! It s a Girl
Toal Road
Madam Chief Justice
FOLLOWING
The 1988 South Carolina Supreme Court
Chief Justice Jean Toal receiving roses on the South Carolina Supreme Court steps, 2000
South Carolina Supreme Court, 2000-2008
South Carolina Supreme Court, 2009-15
Chief Justice Jean Toal using the Attorney Information System, 2011
Chief Justice Jean Toal hosts the Conference of Chief Justices, 2005
Conference of Chief Justices: Law and Literature Program presenting A Short History of Charleston by lawyer and author Robert N. Rosen, 2005
State of the Judiciary, 2011
Justice Sandra Day O Connor and Chief Justice Jean Toal at the iCivics Award, 2011
Moot Court of the Chiefs at the University of South Carolina School of Law, 2006
U.S. Supreme Court s visit to University of South Carolina School of Law, 2012
South Carolina Women Lawyers Association members, 2012
Jean and Bill at St. Andrews Old Course at the Swilcan Burn Bridge, 2012
Family portrait, Isle of Palms, 2014
Jean and Bill, Isle of Palms, 2014
SANDRA DAY O CONNOR, Associate Justice (Retired), Supreme Court of the United States
Foreword
W E OFTEN CELEBRATE firsts, and for good reason. Firsts are important. They mark the end of one era and the beginning of another. Once a threshold is crossed, it becomes much harder to go back. But we often forget that being a first is not always easy. It can take a long time, a lot of work, and at least a few false starts.
I know a little about being a first. In 1981 I became the first woman to serve on the Supreme Court of the United States when President Reagan nominated me to the seat left open by Justice Stewart s retirement. I was the only woman to serve on the Supreme Court until 1993, when President Clinton nominated Justice Ginsburg to the seat left open by Justice White s retirement. I was thrilled when I heard about Justice Ginsburg s nomination. At last I knew that while I was the first woman to serve on the Supreme Court, I would not be the last. Today there are three female U.S. Supreme Court Justices. A new era has certainly begun.
Jean Hoefer Toal has been a lot of firsts. In 1988 she became the first woman to be elected to the Supreme Court of South Carolina. In 2000 Jean became the first woman to serve as that court s chief justice. She is also the first native Columbian and the first Roman Catholic to serve on South Carolina s highest court. Prior to her judicial service, Jean became the first woman in South Carolina to chair a standing committee in the state House of Representatives. Jean is truly a trailblazer in her home state.
This book discusses Jean s firsts. But it also does so much more. The book begins with Jean s early days as a lawyer, describing her path from researching in the basement of a law firm to representing clients in the courtroom. You will learn about the important cases Jean tried and their impact on the law and the lives of people in South Carolina. The book will then take you through Jean s campaign for public office and her days in the state legislature. And you will of course learn about Jean s groundbreaking election to the Supreme Court of South Carolina.
The book also discusses Jean s contributions to the smooth and effective operation of South Carolina s courts. It describes how Jean embraced technology, recognizing the essential role it plays in a modern court system. You will learn about how she used technology to connect the state courts to one another and to make them more efficient and accessible. You will learn too about the good business sense Jean brought with her from years spent running her family s sand mine and how it influenced her leadership style and views on judicial administration. And the book also guides you through the valuable programs Jean developed to introduce students and teachers to the appellate process and the Supreme Court of South Carolina.
In discussing Jean s life and career, this book will take you on a journey through South Carolina s history as well. The book describes the lay of the land when Jean began practicing law, a time when women did not even serve on juries. You will learn about the important legislation Jean helped to enact against the backdrop of South Carolina s evolving economy. And you will read stories from women lawyers about what Jean s election to South Carolina s highest court meant to them and to women throughout the state.
My retirement from the Supreme Court of the United States in 2006 marked the end of one chapter in my life and the beginning of another. It allowed me to spend more time with my family and to embark on new projects. One of the projects that I am most proud of is iCivics, an interactive, web-based civics education program for students and teachers. You can find it at www.icivics.org . iCivics has a rich array of curricular materials, including curriculum units, lesson plans, online forums, web quests, and video games. Its purpose is to help restore civics education to our nation s schools and to teach the next generation the fundamental knowledge and skills of citizenship. We must ensure that the next generation will be ready to take up their civic responsibilities, for the very health of our democracy depends on an informed and engaged citizenry.
When I was looking for people to join the iCivics team and to help introduce the program to students and teachers across the country, I knew that I could count on Jean. As with everything she does, Jean took the project all the way. Under her leadership South Carolina became one of the first states to incorporate iCivics into its classrooms. Jean helped make my vision for iCivics a reality. And in doing so, she became yet another first. In 2011 Jean was the first recipient of the National Center for State Courts Sandra

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