Could one person serve as a county magistrate and a town code enforcement officer at the same time?

Plain-English summary

Pageland’s town administrator asked whether one person could serve at the same time as a county magistrate and municipal codes enforcement officer. The Deputy AG gave a short answer based on the office’s earlier classifications. Prior opinions treated a magistrate as holding an office for dual-office purposes. A recent April 9, 1997 opinion had likewise classified an Aiken County code enforcement officer as an officer.

Because the author treated both positions as offices, he concluded that simultaneous service would violate Article XVII, Section IA of the state constitution as printed in the source. The letter did not independently analyze every possible set of duties for a town code officer; its conclusion rested on the stated posts and prior office opinions. It was an informal opinion.

Currency note

This opinion was issued in 1997. 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: Did the AG’s office regard a county magistrate as a public officer? A: Yes. The letter referred to several earlier opinions holding that a magistrate occupied an office for dual-office purposes.

Q: What did the letter say about serving in both positions at once? A: The Deputy AG concluded simultaneous service as magistrate and code enforcement officer would violate the state dual-office provision.

Q: Did the letter describe the town officer’s individual duties? A: No. Its brief analysis relied on a prior classification of a county code enforcement officer and the offices identified in the request.

Background and statutory framework

The letter cited prior magistrate opinions dated July 8, 1991, April 5, 1991, and March 23, 1987, and an April 9, 1997 opinion on an Aiken County code enforcement officer. It applied those office classifications to Article XVII, Section IA as rendered in the extracted opinion.

Citations and references

Constitution discussed: Article XVII, Section IA (as rendered in the source). Prior AG opinions: July 8, 1991; April 5, 1991; March 23, 1987; April 9, 1997.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-10-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97july10kimrey.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
July 10, 1997

CHARLES MOLONY CONDON
ATIORNEY GENERAL

Cecil Kimrey, Town Administrator
Town of Pageland
126 North Pearl Street
Pageland, South Carolina 29728
Re: Informal Opinion
Dear Mr. Kimrey:
Thank you for your recent letter inquiring whether an individual may serve simultaneously as a county magistrate and a municipal codes enforcement officer. This Office has determined on numerous occasions that an individual who serves as a magistrate would hold an office for dual office holding purposes. For examples, see Ops. Atty. Gen. dated July 8, 1991; April 5, 1991; and March 23, 1987. More recently, in an opinion dated April 9, 1997, this Office concluded that an individual who served as an Aiken County Code Enforcement Officer would be considered an officer for dual office holding purposes: Therefore, since this Office has previously opined that the positions of county magistrate and code enforcement officer are both considered officers for dual office holding purposes, if an individual simultaneously serves as both, Article XVII, Section IA of the State Constitution would be violated.

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This letter is an informal opinion only. It has been written by a designated Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain Very truly yours,

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Zeb C. Williams, III
Deputy Attorney General
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COLUMBIA, S.C. 29211-1549

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