Steve Jessmore/The Sun News/file 2012
COLUMBIA, S.C. — Ernest Finney, South Carolina’s first African-American chief justice, died Sunday. He was 86.
South Carolina Deputy Supreme Court Clerk Brenda Shealy confirmed Justice Finney’s death but did not have details on how he died. Justice Finney was suffering from dementia in May 2016 when he drove away from his home, prompting a frantic 90-minte search that found him safe two counties from his Columbia home.
Justice Finney spent a lifetime breaking racial barriers in South Carolina. His rise to the top job at the state’s highest court in 1994 was just another groundbreaking step. The path he forged has been well followed. A woman or an African-American judge has been South Carolina’s chief justice in all but one of the 23 years since Justice Finney was elected to the seat.
Justice Finney was one of just a handful of black lawyers in the state when he graduated from the former South Carolina State College law school in 1954. He worked as a waiter and other jobs to make ends meet, and the first time he attended a State Bar meeting it was as a waiter at a Myrtle Beach hotel because the state lawyers’ organization was still all white.
But the longtime Sumter resident became a successful civil rights lawyer. He was elected one of the state’s first black legislators since Reconstruction in the early 1970s and became the state’s first black Circuit Court judge in 1976.
The Legislature appointed Justice Finney to the Supreme Court in 1985 as the first black justice since Reconstruction. He served six years as Chief Justice before retiring in 2000.
Although he knew he was a role model, Justice Finney never made race an issue while on the court.
‘‘I didn’t accomplish anything,’’ he said in an interview when he retired. ‘‘I attribute whatever success I’ve had to the people of this state who have afforded me genuine opportunities.’’
Two of the most significant cases he heard came late in his tenure as chief justice.
In April 1999, the court ruled that all South Carolina schoolchildren were entitled to a ‘‘minimally adequate education.’’
The ruling, written by Justice Finney, was in response to a lawsuit by many of the state’s poorer school districts that challenged the way the state Education Department distributed money.
That October, the court ruled the Legislature did not have authority to put the fate of the state’s $3 billion-a-year video gambling industry in the hands of voters with a referendum. The decision effectively killed the industry.
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