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W. Lewis Burke Jr. - Madam Chief Justice: Jean Hoefer Toal of South Carolina

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In Madam Chief Justice, editors W. Lewis Burke Jr. and Joan P. Assey chronicle the remarkable career of Jean Hoefer Toal, South Carolinas first female Supreme Court Chief Justice. As a lawyer, legislator, and judge, Toal is one of the most accomplished womenin 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 rightsmovement in the state and nation. Observing the states 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 states 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 quicklybecame one of the most respected members of that body. During her fourteen years as a House member, Toal promoted major legislation on many issuesincluding 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 states judiciary. As Chief Justice, Toal not only modernized her court, but also the states judicial system. As Toals 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 thiscompelling account of her life and influence.Madam Chief Justice features a foreword by Sandra Day OConnor, 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.

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Madam Chief Justice
Madam Chief Justice John Seibels Walkers portrait of Chief Justice Jean Hoefer - photo 1
Madam Chief Justice. John Seibels Walkers 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 OConnor
Introduction by Ruth Bader Ginsburg
2016 University of South Carolina Published by the University of South Carolina - photo 2
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
Sandra Day OConnor, Associate Justice (Retired), Supreme Court of the United States
Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States
W. Lewis Burke Jr. and Bakari T. Sellers
Jay Bender
M. Elizabeth Crum
C. Mitchell Brown
Judge Richard Mark Gergel
Robert L. Felix
Jessica Childers Harrington and W. Lewis Burke Jr.
Tina Cundari
Jean Toal Eisen and Lilla Toal Mandsager
Sue Erwin Harper and Elizabeth Van Doren Gray
Collected by Amelia Waring Walker
Richard W. Riley, Former United States Secretary of Education and Governor of South Carolina
Judge Cameron McGowan Currie
Robert J. Sheheen
I. S. Leevy Johnson
Justice John W. Kittredge
Justice Kaye G. Hearn
Justice James E. Moore
Blake Hewitt
Mary Campbell McQueen
Bradish J. Waring
Walter B. Edgar and Judge Joseph F. Anderson Jr.
Illustrations
SANDRA DAY OCONNOR,
Associate Justice (Retired), Supreme Court of the United States
Foreword
WE 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 Stewarts 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 Whites retirement. I was thrilled when I heard about Justice Ginsburgs 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 courts chief justice. She is also the first native Columbian and the first Roman Catholic to serve on South Carolinas 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 Jeans firsts. But it also does so much more. The book begins with Jeans 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 Jeans campaign for public office and her days in the state legislature. And you will of course learn about Jeans groundbreaking election to the Supreme Court of South Carolina.
The book also discusses Jeans contributions to the smooth and effective operation of South Carolinas 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 familys 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 Jeans life and career, this book will take you on a journey through South Carolinas 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 Carolinas evolving economy. And you will read stories from women lawyers about what Jeans election to South Carolinas 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 nations 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 Day OConnor Award for the Advancement of Civics Education. I am also proud of Catherine Templeton and Molly Craig, my two national iCivics coordinators, who helped implement iCivics in South Carolina and in every other state in the country.
I am delighted to know Jean Hoefer Toal. We both came of age in a time when women were not lawyers and were certainly not judges. We both served in our state legislatures and on our state appellate courts. We both are as dedicated to our families and our friends as we are to our profession and our communities. And we both can hit a golf ball and host a great party.
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