Steady at the Helm: Judge Clifton Newman's Impactful Legal Career and Transition to JAMS

Although Judge Clifton Newman has served 24 years on the South Carolina Circuit Court, most of the country knows him best as the judge who presided over the criminal trial of Richard Alexander Murdaugh last year. During the trial and sentencing, Judge Newman earned widespread praise for his steady demeanor and skilled management.

Judge Newman is widely recognized as a distinguished jurist, possessing extensive experience, and he has served as the past president of the American College of Business Court Judges.

Judge Newman, who joined JAMS in March, recently spoke about his style, experience and the disputes he will be handling.

During the Murdaugh trial, you won plaudits for your calm demeanor and management of the case. How would you describe your style?

I have never been the loudest voice in the room. I have always been more of a pensive listener, trying to give reasoned responses. Most lawyers who appear before me are comfortable and never intimidated because they know I will always give them respect, treat them with fairness, and allow them to state their case.

Did you always want to become a judge?

I did not decide to go to law school dreaming of becoming a judge. After law school , I spent a long time in private practice, and I was a prosecutor for 16 1/2 years. During that entire period, I had to make appeals to “Your Honor”, and carefully evaluate the conduct of judges. I concluded it would be preferable to have people make the appeals to me, and for me to be the person making the decisions.

Who has been the biggest influence on your style as a jurist?

My grandfather. He had a fourth-grade education, but I have always considered him the wisest person I have ever known because of his wisdom and common sense. In most situations, applying common sense helps get you to the right conclusion, and I always strive to get there.

Most people only know you through the work on the Murdaugh case. But your experience is quite broad. What kinds of civil cases did you oversee?

I have had a diverse docket of criminal and civil cases, many high profile. In my role as a judge on our business court, for example, I was put in charge of our construction defects docket, which exploded due to the growing number of severe storms and water intrusion issues impacting coastal developments. My job was to clear up backlogs and bring resolution to cases which often involved complex insurance coverage questions.

For over 18 months, I handled construction defect cases exclusively. The experience sharpened my case management skills, including setting firm deadlines. I had to ensure everyone had an opportunity to be heard, but I could not waver on timelines. Otherwise, I knew we would never resolve the cases. In addition to those construction defect cases, I have also handled various other matters including banking, health care coverage, and business divorces.

What has been your experience with ADR?

In South Carolina, parties in civil cases are required to engage in alternative dispute resolution. But they do not have to reach a resolution. So, for many cases, the ADR requirement is perfunctory, just something parties must do. They are often not committed to resolving their case and often want to spend a minimum amount of time and energy. Now as a neutral with JAMS, my role will be critical in re-shaping that viewpoint to help parties see the benefits of ADR. A good neutral can make a difference. I am excited to be counted among the talented JAMS neutrals who know how to resolve disputes in a way that benefits all parties.

Has your view of ADR changed over the decades?

Oh, sure. I have become much more aware and appreciative of its benefits. As a judge, I did not attempt to force settlements or arm-twist anyone because I did not want to be seen as staking a position or trying to influence the parties one way or the other. However, I have ordered parties to mediate cases in the middle of trials . My judicial career was not dedicated to trying to achieve settlements. Again, now that I am with JAMS, my goals will be centered around bringing parties together to successfully resolve disputes.

What do you think parties misunderstand about the nature of trials?

That they are unpredictable. In most instances, I think the parties have a greater degree of satisfaction if they come to a resolution before the trial.

In a jury trial, one side will be disappointed. You have winners and losers. I am really amazed at how willing people are to turn their affairs over to twelve strangers, expecting those strangers to give them what they want, regardless of how unreasonable their demands are.

The reality of a dispute is that there is more than just one side. I have seen folks who think they are going to become millionaires but end up empty handed.

You will always have someone on the other side of a dispute looking to undercut your argument. Many additional factors, including the venue where the dispute is heard, can also impact the outcome. I have a fairly good grasp of those factors and can mediate those important differences.

What drew you to JAMS?

The organizational structure and the extensive resources and support system. I have friends who have retired from the bench and continued in arbitration and mediation without any structure or support. They simply relied on their judicial experience to help them navigate the world of ADR. But many of them have been disappointed over the lack of support they have received. JAMS fills that gap. I am fortunate to be connected to an organization that offers amazing support from beginning to end.

What types of disputes will you focus on at JAMS?

Well, for one, disputes involving police shootings or lawsuits against the government based on actions of government officials or police officers in many instances. I probably have more experience in that area than most.

I have prosecuted police shooters and have been the judge in police shooting cases. I oversaw the $6.5 million settlement paid by the City of North Charleston over the death of Walter Scott, and I presided over the criminal trial of Michael Slager, the police office accused of shooting him in the back.

The case law involving police liability has evolved quite a bit, and there are a variety of nuances involved. Many times, the damages are great, but the amount of insurance coverage available is just not there. So, you run into the reality that some governmental entities are underinsured , and case resolution is difficult.

Aside from those cases, I have many years of experience dealing with medical malpractice and health insurance disputes. Through the years, I have also dealt with numerous real estate disputes, so I expect to be involved in those as well.

In fact, a judge rarely chooses his or her cases. We therefore must be prepared to deal with whatever dispute comes before us. I have been trained to deal with a wide range of cases and I expect to encounter a lot of variety. I often tell lawyers that by the end of a case, I too, am quite skilled in the matter in dispute.