Could a South Carolina municipal judge also hold a state constable's commission?

Plain-English summary

In December 2003, South Carolina's Attorney General said Greenville's senior administrative municipal judge could also receive a state constable's commission without violating the constitutional rule against holding two offices. The office treated municipal judges as public officers but said the constitution and implementing statute specifically excluded holders of constable commissions from the dual-office prohibition.

The answer concerned that particular combination of positions. It did not decide any other restriction on a judge's work or the powers of a constable.

Currency note

This opinion was issued in 2003. 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.

Historical summary

Municipal judges

The opinion accepted that a municipal judgeship counted as an office. It found no dual-office violation because the proposed second role was a state constable's commission, which the cited exception treated differently.

Common questions

Was a municipal judge considered a public officer?
Yes. The AG relied on earlier opinions reaching that conclusion.

Why was the constable commission permitted?
The opinion said the constitutional and statutory exception excluded constables from this dual-office calculation.

Did the opinion approve every second job for a judge?
No. It addressed the state constable commission under the dual-office rule.

Background and statutory framework

Greenville's senior administrative judge asked about accepting a state constable commission. The AG applied the constitutional dual-office provision, the constable exception, and prior opinions on municipal judges.

Citations and references

The opinion discussed S.C. Code Ann. Section 8-1-130 and Article XVII, Section 1A of the South Carolina Constitution.

Official title

Questioning whether you may receive a commission as State constable while serving as the Senior Administrative Judge for the City of Greenville.

Requester

The Honorable Ralph E. Putnam, Senior Administrative Judge, City of Greenville

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-15-2003-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/09/03dec-15-Putnam.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATTORNEY GENERAL

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December 15, 2003

The Honorable Ralph E. Putnam
Senior Administrative Judge, City of Greenville
Municipal Court
Post Office Box 488
Greenville, South Carolina 29602
Dear Judge Putnam:
In a letter to this office you indicated that you serve as the Senior Administrative Judge for the City of Greenville. You questioned whether you may also receive a commission as State constable. I am interpreting your question as raising the issue of whether holding both provisions would violate the dual office holding provisions of the South Carolina Constitution. Article XVII, Section 1A of the State Constitution provides that "no person may hold two offices of honor or profit at the same time ... " with exceptions specified for an officer in the militia, member of a lawfully and regularly organized fire department, constable or a notary public. S.C. Code Ann. Section 8-1-130 (Supp. 2002) provides that (a)ny member of a lawfully and regularly organized fire department, county veterans affairs officer, constable, or municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State. (emphasis added). As stated in an opinion of this office dated July 17, 1996 for the dual office holding provision to be contravened, an individual must concurrently hold two positions having duties involving an exercise of some portion of the sovereign power of the State. Other relevant considerations are whether statutes, or other such authority, establish the position, prescribe its tenure, duties or salary, or require qualifications or an oath for the position. This office has concluded in prior opinions that a municipal judge is an office holder for dual office holding purposes. See: Ops. Atty. Gen. dated September 11, 2003; June 22, 1998. However, this office has also determined that Article XVII, Section 1A and Section 8-1-130 of the Code specifically excludes holders of a constable's commission from considerations of dual office holding for purposes of the State Constitution. See: Ops. Atty. Gen. dated April 14, 1993 and May 2, 1989. Therefore, as a municipal judge, you would not contravene the State constitutional provisions on dual office holding by accepting a State constable's commission.

m~uJL___
Charles H. Richardson
Senior Assistant Attorney General

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