Could South Carolina require elected sheriffs to enforce public-health quarantine orders?

Plain-English summary

In December 2003, South Carolina's Attorney General said a statute requiring sheriffs to assist the Department of Health and Environmental Control with restrictive measures and quarantine rules did not conflict with the sheriff's elected constitutional status. The constitution created the office of sheriff, but it also directed the legislature to provide by law for the office's duties and compensation.

The AG relied on that allocation of authority and an earlier opinion saying lawmakers could alter a sheriff's powers. It addressed the asserted constitutional conflict, not the details of any particular quarantine order.

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

Sheriffs and public-health officials

The opinion treated assistance with health department restrictive measures as a duty the legislature could assign to sheriffs, despite their status as elected constitutional officers.

Common questions

Did being elected exempt sheriffs from legislatively assigned health duties?
No. The AG pointed to the constitutional clause letting lawmakers define sheriff duties.

What did the statute require sheriffs to assist with?
It concerned enforcement of health department restrictive measures and quarantine regulations.

Did the opinion decide whether any specific quarantine order was valid?
No. It answered whether the statute's assignment of duties conflicted with the constitution.

Background and statutory framework

The South Carolina Sheriffs' Association asked whether requiring elected sheriffs to obey health department orders placed them under unconstitutional control. The AG read the health statute alongside the constitutional provision creating the office and assigning definition of duties to the legislature.

Citations and references

The opinion discussed S.C. Code Ann. Section 44-1-100 and Article V, Section 24 of the South Carolina Constitution.

Official title

Questioning whether Section 44-1-100 of the South Carolina Code Ann. conflicts with the State Constitution by placing an elected sheriff under the control of the Director of the Department of Health and Environmental Control by requiring the sheriff to “carry out and obey his orders.”

Requester

Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-15-2003-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/09/03dec-15-Moore.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATI'ORNEY GENERAL

December 15, 2003

Jeffrey B. Moore, Executive Director
South Carolina Sheriffs' Association
P. 0. Box 21428
Columbia, South Carolina 29221-1428
Dear Jeff:
In a letter to this office you referenced the provisions of S.C. Code Ann. Section 44-1-100 (Supp. 2002) which state:

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All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4130, the director may request assistance in enforcing orders issued pursuant to this chapter, and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44. You questioned whether Section 44-1-100 conflicts with the State Constitution by placing an elected sheriff under the control of the Director of the Department of Health and Environmental Control by requiring the sheriff to "carry out and obey his orders". Admittedly, the sheriff is a constitutional officer in that his office is established pursuant to Article V, Section 24 of the State Constitution. Such provision states: There shall be elected in each county by the electors thereof a clerk of the circuit court, a sheriff, and a coroner... All of these officers shall serve for terms of four years and until their successors are elected and qualify.

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COLUMBIA,

s.c. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

Mr. Moore
Page2
December 15, 2003

Such provision, however, further states that "(t)he General Assembly shall provide by law for their duties and compensation. (emphasis added). Therefore, by such provision, the duties of a sheriff are to be provided by the General Assembly.

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The General Assembly has specifically provided by Section 44-1-100 that the sheriffs aid and assist the Director of the Department of Health and Environmental Control and carry out and obey his orders, or those of the Department of Health and Environmental Control. Such legislatively mandated duties are consistent with a prior opinion of this office dated December 4, 1987 which indicated that "the sheriff is a constitutional officer whose powers may be abridged, varied, or modified by the General Assembly." See also: Op. Atty. Gen. dated April 3, 1967 and Privette v. Grinnell, 191 S.C. 376, 4 S.E.2d 305 (1939). With best wishes, I am, Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General

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