Was South Carolina’s lieutenant governor a constitutional officer in 2006?

Plain-English summary

In 2006, an attorney for South Carolina's Department of Motor Vehicles asked whether the lieutenant governor was a “constitutional officer” and where that status came from. The Attorney General answered yes. Its definition was direct: an officer is constitutional when the constitution creates the office. Article IV, section 8 established the lieutenant governor's office.

The AG also cited McLeod v. Mills, in which the South Carolina Supreme Court referred to the lieutenant governor among constitutional officers whose salaries were at issue. The opinion resolved the office's classification, without addressing the lieutenant governor's powers or duties.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why did the AG classify the lieutenant governor as a constitutional officer?

A: It said the state constitution itself established the office, which met the opinion's definition of a constitutional office.

Q: Did a South Carolina court use the same classification?

A: The AG pointed to McLeod v. Mills, where the state Supreme Court referred to the lieutenant governor as one of the constitutional officers in a salary dispute.

Background and statutory framework

The opinion identified article IV, section 8 of the South Carolina Constitution as the source of the office. It distinguished constitutional officers by the origin of their offices, rather than by the importance of their duties.

Citations and references

• Article IV, section 8 of the South Carolina Constitution: the provision the AG said established the office.
• McLeod v. Mills: the salary case the AG cited as support.

Official title

“on the classification of the South Carolina Lieutenant Governor. Specifically, is the Lieutenant Governor a ‘Constitutional Officer’ and, if so, where does that destination originate?”

Requester

Michael Truesdale, Esquire

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-24-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06apr24-Truesdale.pdf

Original opinion text

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HE:-.iRY MCMASTER
AITORSEY GE.'<E:RAL

April 24, 2006

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Michael Truesdale, Esquire
Assistant General Counsel
SC Department of Motor Vehicles
Post Office Box 1498
Blythewood, South Carolina 29016
Dear Mr. Truesdale:
We received your letter requesting an opinion of this Office "on the classification of the South Carolina Lieutenant Governor. Specifically, is the Lieutenant Governor a 'Constitutional Officer' and, if so, where does that designation originate?"

Law/AnaJysis

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Constitutional officers are those whose offices are created by the South Carolina Constitution. See e.g., Henryv. HonyCountv, 334 S.C. 461, 514 S.E.2d 122 (1999) (stating sheriffs are constitutional officers pursuant to article V, section 24 of the South Carolina Constitution); Op. S.C. Atty. Gen., February 23, 2004 ("The office of Solicitor is a constitutional office pursuant to Article V, § 24 of the South Carolina Constitution."). Article IV, section 8 of the South Carolina Constitution (1976) estab lishes the office of the Lieutenant Governor. Thus, we find the Lieutenant Governor is a constitutional officer. Furthermore, we find support for this conclusion in McLeod v. Mills, 256 S.C. 21. 180 S.E.2d 638 (197 1), a case addressing salaries of constitutional officers. ld. In that opinion, our Supreme Court referred to the Lieutenant Governor as one of one ofthe constitutional officers whose salary was in dispute. ld. Thus, indicating the Supreme Court also deems the Lieutenant Governor a constitutional officer.

R1;.'1ri1oRT C. O E.NNIS B u1Lo1Nr.

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P0sT OFFICE Box 11 5.+9

• COLLJ~BtA, SC 29211 - 1549 • TELEPHONE ll03-734-3970 •

FAC-.s1M1LE 803-253-6283

Mr. Truesdale
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April 24, 2006

In conclusion, we find the Lieutenant Governor, whose office was established by the South Carolina Constitution, is a constitutional officer. Very truly yours,

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cydnefM. Mi1Ug
Assistant Attorney General
REVIEWED AND APPROVED BY:

~i;~,C#Ro~D.Cook

Assistant Deputy Attorney General

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