Could a South Carolina state constable also serve as deputy coroner in 2005?

Plain-English summary

The Attorney General concluded in 2005 that a person could serve as both a deputy coroner and a state constable without violating South Carolina’s dual office holding restriction. The AG treated deputy coroner as a public office, but identified a constitutional and statutory exception for holders of a constable’s commission.

The described person used his constable commission while inspecting pesticide-related matters for Clemson University. The AG understood that the inspector job itself did not have duties making it an office. The question therefore turned on the constable commission and deputy coroner position.

Currency note

This opinion was issued in 2005. 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

Was deputy coroner a public office?
Yes. The AG cited earlier opinions repeatedly treating the position as an office for this purpose.

Did the state constable commission prevent deputy coroner service?
No. The AG applied the express constable exception to the dual office restriction.

Did the pesticide inspector job itself count as another office?
On the information supplied to the AG, no. He treated the inspector position as separate from the constable commission used in that work.

Background and statutory framework

The opinion applied the constitutional bar on holding two offices simultaneously and the specific exception for constables. It also cited the state statute excluding constable commissions from dual office holding consideration.

Citations and references

• § 8-1-130: statutory constable exception discussed in the opinion.
• Sanders v. Belue and State v. Crenshaw: public office criteria cited by the AG.

Official title

Questioning whether serving simultaneously as a state constable and as a deputy coroner would violate the dual office holding provisions of the State Constitution.

Requester

The Honorable Lloyd B. Ward, Coroner, Barnwell County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-12-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05jan12-Ward.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMASTER
AlTORNEY GENERAL

January 12, 2005

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The Honorable Lloyd B. Ward
Coroner, Barnwell County
57 Wall Street, Room 104
Barnwell, South Carolina 29812
Dear Coroner Ward:
In a letter to this office you questioned whether serving simultaneously as a state constable and as a deputy coroner would violate the dual office holding provisions of the State Constitution. Article XVIl, 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, a member ofa lawfully and regularly organized fire department, a constable and a notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise of some portion of the sovereign power of the State. Sanders v. Belue, 78 S. C. 171 , 58 S.E.762 (1907). Other relevant considerations are whether statutes, or other such authority, establish the position, prescribe its duties or salary, or require qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980). This office has indicated on numerous occasions that the position of coroner and deputy coroner are offices for dual office holdings purposes of the State Constitution. See: Ops. Atty. Gen. dated February 5, 2004; January 22, 2001; October 16, 2000; October 23, 1991; February 10, 1984. It is my understanding from your letter that the individual with the State constable's commission utilizes such commission in association with bis duties as an inspector with the Clemson University Department of Pesticide Regulation. You indicated that as an inspector, the individual has duties of enforcing federal and state laws pertaining to the manufacture, distribution and use of pesticides, investigating pesticide misuse, conducting continuing education to the public and industry representatives on the proper usage of pesticides and providing entomological inspections for structures related to wood destroying organisms. Based upon the information you relayed in our telephone conversation, it is my understanding that the position of inspector itself canies no functions or duties which would make that position itself an office for dual office holding purposes. Instead, as referenced, the individual in question utilizes his commission as a constable in such role as an inspector and, therefore, the question exists as to whether an individual who serves as a constable occupies an office for dual office holding purposes.

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. Rs-'-- t~ BUllDING • POST OFFICE Box 11549 • C OLUMBIA, s.c. 29211 -1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

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The Honorable Lloyd B. Ward
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January 12, 2005

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This office has noted in prior opinions that Article XVII, Section IA and S.C. Code Ann. § 8-1-130 (Supp. 2003) specifically exclude holders of a constable's commission from considerations of dual office holding. See: Ops. Atty. Gen. dated December 15, 2003 and April 14, 1993. Consistent with such, it would not be a violation of the constitutional provision prohibiting dual office holding for an individual to serve both as a deputy coroner and as a state constable. With kind regards, I am, Very truly yours,

cf~w~
Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General

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