Do South Carolina magistrate's constables count as 'law enforcement officers,' and does the magistrate's office have to comply with LETC minimum standards for law enforcement agencies?

Plain-English summary

The Criminal Justice Academy was telling Greenville County's chief magistrate that his constable division had to adopt the policies required of law enforcement agencies under S.C. Code § 23-23-85 (use of force, vehicle pursuit, body-worn cameras, no-knock warrants, complaint processes, early warning systems), and that the office would be subject to LETC compliance inspections. The chief magistrate pushed back: his constables execute writs, serve legal papers, and follow magistrate orders, they do not act as police officers.

The AG agreed with the chief magistrate. A magistrate's constable is statutorily limited to executing the magistrate's orders, attending circuit court, serving process, and levying executions on personal property. None of that gives the constable "statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State" with "the power to effect arrests for offenses committed or alleged to have been committed", the statutory definition of "law enforcement officer" in S.C. Code § 23-23-10(E)(1). So a magistrate's constable is not a law enforcement officer, and a magistrate's office that employs only constables is not a "law enforcement agency" under § 23-23-160(B).

The catch: three Greenville County constables currently hold active Class 1-LE (law enforcement) certifications. The AG concluded that those certifications were most likely created when someone on the magistrate's staff submitted a Personnel Change in Status form to the CJA reporting the constables as new law enforcement hires. The certification process is structured so that an officer can hold Class 1-LE only while employed as a law enforcement officer; if the constables are not actually serving as law enforcement officers for another agency, the chief magistrate should notify CJA, and the certifications will lapse. That removes the link that was triggering the LETC's compliance treatment of the office.

What this means for you

If you are a South Carolina magistrate or chief magistrate

The LETC's minimum standards under § 23-23-85 and the compliance inspections under § 23-23-160 do not apply to your office, so long as your constables are functioning as constables (executing writs, serving process, attending circuit court) rather than as law enforcement officers. You do not need to adopt the use-of-force policy, vehicle pursuit standards, body-worn camera policy, no-knock warrant policy, complaint-process policy, or early-warning-system policy that the CJA was demanding.

But if any of your constables hold Class 1-LE certifications, those certifications are probably the reason the CJA flagged your office. Audit them. For each constable with active Class 1-LE certification:

1. Confirm whether they are also employed by another agency as a law enforcement officer. If so, their LE-certification should be linked to that agency, not yours, in the CJA's ACADIS system. Get the CJA to correct the linkage.
2. If they are not employed elsewhere as a law enforcement officer, notify the CJA that your office does not employ them in that capacity. Their certifications will lapse under S.C. Code § 23-23-60(C)(1) and S.C. Code Regs. § 37-006(D).

Once no constables are linked to your office as LE officers, the CJA should stop treating your office as a law enforcement agency.

If you are a magistrate's constable

Your statutory authority is to do what your magistrate orders: serve legal papers, execute writs, attend court, levy on personal property. You are an officer of the magistrate's court, not a peace officer with general arrest authority. The 1984 AG opinion (Op. S.C. Att'y Gen., 1984 WL 159894) confirmed that even when an offense is committed in your presence, you do not have warrantless arrest authority for misdemeanors that a sworn police officer would have.

If you hold a Class 1-LE certification but your only employment is as a constable, expect the certification to lapse once the CJA's records are corrected. The certification was designed to be tied to active law enforcement employment.

If you administer the Criminal Justice Academy or LETC

The interpretation here is that the § 23-23 framework reaches only entities that employ or appoint law enforcement officers, and "law enforcement officer" is defined narrowly in § 23-23-10(E)(1) to require statutory authority to enforce criminal, traffic, or penal laws plus the power to effect arrests. Magistrates' constables do not meet that test under the statutes that actually define their duties (§ 22-9-10 et seq.). Treating a magistrate's office as a law enforcement agency because three constables hold lingering LE certifications stretches the statute beyond what it was written to cover.

When you encounter a similar situation with another small office (probate court constables, environmental compliance staff, others with non-LE law enforcement functions), focus on the statutory authority of the role, not the credentialing artifacts from CJA's records.

If you are a county attorney or county administrator with magistrate-court oversight

Be aware that lapsed or stale CJA records can create administrative pressure on offices that should not be treated as law enforcement agencies. The fix is to ensure the agency's PCS form filings accurately reflect each individual's status. ACADIS profile corrections are the mechanism.

Common questions

Q: Are magistrate's constables law enforcement officers in South Carolina?
A: No. The AG concluded that magistrate's constables lack the statutory authority to enforce criminal, traffic, or penal laws as required by S.C. Code § 23-23-10(E)(1).

Q: Does S.C. Code § 23-23-85 (minimum standards) apply to magistrate's offices?
A: No. The minimum standards in § 23-23-85 apply to law enforcement agencies. A magistrate's office that employs only constables is not a law enforcement agency under § 23-23-160(B).

Q: Does that mean a magistrate's office is exempt from § 23-23-160 inspections?
A: Yes. Section 23-23-160(B) defines "law enforcement agency" for compliance purposes as "any agency or entity of the State or any of its political subdivisions that employs or appoints law enforcement officers." A magistrate's office that employs only constables does not employ law enforcement officers.

Q: Why does the CJA think the magistrate's office is a law enforcement agency?
A: Most likely because three Greenville County constables currently hold active Class 1-LE certifications tied to the magistrate's office in CJA's records. That tie was probably created by someone filing a Personnel Change in Status (PCS) form reporting them as law enforcement hires.

Q: What can the chief magistrate do about this?
A: Audit each constable holding Class 1-LE certification. If they are not employed elsewhere as a law enforcement officer, notify the CJA that the magistrate's office does not employ them in that capacity, and their certifications will lapse. If they are employed by another agency as an LE officer, ensure the CJA's records link their certification to that agency, not the magistrate's office.

Q: Can a magistrate's constable arrest someone without a warrant?
A: For misdemeanors committed in the constable's presence, no. The 1984 AG opinion (Op. S.C. Att'y Gen., 1984 WL 159894) concluded that constables lack general peace officer authority. For arrests pursuant to a warrant issued by the magistrate, yes, that is the constable's statutory function.

Q: How long does a Class 1-LE certification last after employment ends?
A: It does not. Under S.C. Code § 23-23-60(C)(1) and S.C. Code Regs. § 37-006(D), certification expires or lapses on separation from law enforcement employment. The agency must file a PCS form within 15 days of separation. The framework is designed so that LE certification is held only while actively employed as a law enforcement officer.

Background and statutory framework

Title 23, Chapter 23 of the South Carolina Code creates the Criminal Justice Academy and the Law Enforcement Training Council, which together govern training and standards for law enforcement officers in the State. The framework has three relevant pieces:

• Training: § 23-23-20 establishes the CJA as the training facility. § 23-23-30 establishes the LETC as its governing body. § 23-23-40 requires agencies to notify the CJA of new LE hires within three days.
• Standards: § 23-23-85 (added in legislation that became effective January 2023) requires the LETC to set minimum standards for "all law enforcement agencies," including policies on use of force, pursuit, duty to intervene, hiring and termination, field training, body-worn cameras, no-knock warrants, complaint processes, and early warning systems.
• Compliance: § 23-23-160 creates a compliance division within the LETC, sets up triennial inspections, and provides exemptions for already-accredited agencies. Subsection (B) defines "law enforcement agency" for these compliance purposes.

The statutory definition that does the work here is S.C. Code § 23-23-10(E)(1):

"Law enforcement officer means: an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed."

The AG mapped magistrate's constables against this definition. Constables are statutorily authorized under § 22-9-10 (appointment by magistrate) to:

• Execute legal orders of the county's governing body (§ 22-9-60)
• Attend circuit court if required by the sheriff and serve as an officer of the court (§ 22-9-70)
• Execute process and lawful orders of the magistrate (§ 22-9-80)
• Levy executions and serve attachments on personal property (§§ 22-9-100, -110)

None of those duties give the constable authority to enforce criminal, traffic, or penal laws or to effect arrests for offenses. The 1984 AG opinion confirmed this: a magistrate's constable "lacks general authority as a peace officer" and "does not have the power to arrest without a warrant for a misdemeanor committed in his presence." A 1973 AG opinion described constables as "officers of the courts of magistrate, appointed by the magistrate and with the duty of executing his lawful orders."

The Class 1-LE certification issue exists because someone associated the constables with the magistrate's office in CJA's records. The certification framework (§§ 23-23-40, -50, -55, -60; S.C. Code Regs. §§ 37-004, -006, -022) is structured so that an officer can only hold a Class 1-LE certification while employed as a law enforcement officer. The fix is records correction, not policy adoption.

Citations

• S.C. Code § 23-23-10 (definitions)
• S.C. Code § 23-23-20 (CJA)
• S.C. Code § 23-23-30 (LETC)
• S.C. Code § 23-23-40 (hire notice)
• S.C. Code § 23-23-50 (continuing education)
• S.C. Code § 23-23-55 (mental health continuing education)
• S.C. Code § 23-23-60 (certificates, expiration)
• S.C. Code § 23-23-85 (minimum standards)
• S.C. Code § 23-23-160 (compliance inspections)
• S.C. Code § 22-9-10 (constable appointment)
• S.C. Code § 22-9-60 (orders of governing body)
• S.C. Code § 22-9-70 (circuit court attendance)
• S.C. Code § 22-9-80 (process)
• S.C. Code §§ 22-9-100, -110 (execution and attachment)
• S.C. Code Regs. §§ 37-004, -006, -022 (CJA regulations)
• Op. S.C. Att'y Gen., 1973 WL 21019 (July 3, 1973) (constables as officers of magistrate's court)
• Op. S.C. Att'y Gen., 1984 WL 159894 (July 26, 1984) (constables lack peace officer authority)

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-addressing-the-applicability-of-minimum-standards-for-law-enforcement-agencies-to-magistrates-and-their-constables/
• Original PDF: https://www.scag.gov/media/mqffx4cl/andersj-os-10999-final-opinion-4-10-2025.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ALAN WILSON
ATTORNEY GENERAL

April 10, 2025

The Honorable Jonathan D. Anders
Chief Magistrate, Greenville County
445 E. Curtis St.
Simpsonville, SC 29681

Dear Judge Anders:

We received your letter requesting an opinion concerning the applicability of South Carolina Code Section 23-23-10 et seq. to magistrates and their constables. You specifically reference Section 23-23-85, which requires the South Carolina Law Enforcement Training Council (the LETC) to establish minimum standards for all law enforcement agencies and permits the LETC to take punitive action against any law enforcement agency that refuses to comply with the standards. You note that the magistrates' constables in Greenville County "execute writs, serve legal documents, and perform other duties at the direction of the magistrate." Although three of the constables currently hold a Class 1-LE certification, you note they "do not function as law enforcement officers." By phone and email, you advised that staff of the South Carolina Criminal Justice Academy (the CJA) has asserted the Constable Division of the Greenville County Magistrates must adopt the policies required by South Carolina Code Section 23-23-85, and must provide proof that each policy is being followed. Given that magistrates' constables do not have the authority of law enforcement officers, you ask whether the requirements for law enforcement agencies in Chapter 23 of Title 23 apply to magistrates and the constables they appoint.

Law/Analysis

Title 23 of the South Carolina Code is entitled "Law Enforcement and Public Safety." Chapter 23 of Title 23 creates the Criminal Justice Academy (the CJA) as the facility for training law enforcement officers and the Law Enforcement Training Council (the LETC) as its governing body. S.C. Code Ann. § 23-23-20 (Rev. 2025) (creating the CJA); S.C. Code Ann. § 23-23-30 (Rev. 2025) (creating the LETC). The purpose and definition section of Chapter 23 provides in part:

(A) In order to ensure the public safety and general welfare of the people of this State, and to promote equity for all segments of society, a program of training for law enforcement officers and other persons employed in the criminal justice system in this State is hereby proclaimed and this chapter must be interpreted to achieve these purposes principally through the establishment of minimum and advance standards in law enforcement selection and training.

(B) It is the intent of this chapter to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this chapter, and these minimum standards may not be considered sufficient or adequate in cases where higher standards have been adopted or proposed. Nothing in this chapter may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the Law Enforcement Training Council, hereinafter created, nor, unless specifically stated, may anything in this chapter be construed to affect any sheriff, or other law enforcement officer elected under the provisions of the Constitution of this State.

(C) It is the intent of the General Assembly in creating a facility and a governing council to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.

S.C. Code Ann. § 23-23-10 (Rev. 2025).

Beginning in January 2023, the LETC was tasked with establishing minimum standards for all law enforcement agencies, including policies for:

(1) the use of force and response to resistance by law enforcement officers. The policy must establish standards limiting officers to force that is objectively reasonable based on the totality of the circumstances involved. The policy must prohibit the use of chokeholds and carotid restraints as less lethal force options;

(2) uniform vehicle pursuit standards and the use of lethal options during pursuit;

(3) an officer's duty to intervene in the actions of other observed officers;

(4) hiring and terminating practices;

(5) mandatory and uniform post basic academy field training;

(6) uniform implementation and the use of body-worn cameras;

(7) the use of "no knock" warrants;

(8) the establishment, implementation, or continuation of systems and processes for filing and investigating complaints, including anonymous complaints, against the law enforcement agency or an employee of the law enforcement agency. The council shall require law enforcement agencies to have a written directive, which must be made available to the public, that delineates how complaints can be made, the investigative process of such complaints, and a maximum timeframe for the resolution of the complaint. All substantiated complaints must be reported to the council through standardized forms as promulgated by the council; and

(9) the establishment, implementation, or continuation of an early warning system that identifies, assesses, reviews, and tracks at-risk behavior of employees and requires intervention where appropriate.

S.C. Code Ann. § 23-23-85(A) (Rev. 2025). The LETC has the authority "to take punitive action against any law enforcement agency that refuses to comply" with these standards. S.C. Code Ann. § 23-23-85(C). To ensure compliance with the standards, a compliance division under the LETC's jurisdiction was established and charged with inspecting all law enforcement agencies' policies and procedures at least every three years. S.C. Code Ann. § 23-23-160(A) and (B) (Rev. 2025). Law enforcement agencies providing satisfactory proof that they are currently accredited by the South Carolina Law Enforcement Accreditation Council or the Commission on Accreditation for Law Enforcement Agencies are exempt from the inspections. S.C. Code Ann. § 23-23-160(D). A law enforcement agency is defined for purposes of compliance as "any agency or entity of the State or any of its political subdivisions that employs or appoints law enforcement officers." S.C. Code Ann. § 23-23-160(B) (Rev. 2025). For the purposes of Title 23, Chapter 23, law enforcement officer means:

an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.

S.C. Code Ann. § 23-23-10(E)(1) (Rev. 2025).

Each magistrate is authorized by statute to appoint a constable. S.C. Code Ann. § 22-9-10 (Rev. 2025). Once appointed, the constable holds the office for a period of two years, subject to removal by the appointing magistrate. Id. The statutory duties of a magistrate's constable include:

• Executing legal orders of the county's governing body pursuant to S.C. Code Ann. § 22-9-60 (Rev. 2025);
• Attending circuit court if required by the sheriff and serving as an officer of the court pursuant to S.C. Code Ann. § 22-9-70 (Rev. 2025);
• Executing process and making a return as well as executing every lawful order issued by the constable's magistrate or court as required by S.C. Code Ann. § 22-9-80 (Rev. 2025); and
• Levying an execution or serving an attachment on personal property as permitted by S.C. Code Ann. §§ 22-9-100 and -110 (Rev. 2025).

A magistrate's constable is not a law enforcement officer and does not have the authority of a law enforcement officer. Op. S.C. Att'y Gen., 1984 WL 159894 at 1 (July 26, 1984) (concluding that a magistrate's constable lacks general authority as a peace officer and "does not have the power to arrest without a warrant for a misdemeanor committed in his presence"). Instead, magistrates' constables are "officers of the courts of magistrate, appointed by the magistrate and with the duty of executing his lawful orders." Op. S.C. Att'y Gen., 1973 WL 21019 at 1 (July 3, 1973). A magistrate's constable is not given statutory authority to enforce criminal, traffic, or penal laws as would be necessary for them to be considered law enforcement officers within the meaning of Title 23, Chapter 23 of the South Carolina Code. Thus, employing a magistrate's constable does not cause the magistrate's office to fall within the definition of a law enforcement agency subject to the minimum standards outlined in Section 23-23-85 and enforced pursuant to Section 23-23-160.

Despite this, the minimum standards compliance staff of the CJA seeks to treat your office as a law enforcement agency. We suspect that is because three of the constables employed by your court currently hold Class 1-LE certifications and those certifications have been linked to your office with the CJA.

The LETC is authorized to issue certificates and other documentation to a law enforcement agency showing that a law enforcement officer is qualified and compliant with their training requirements. S.C. Code Ann. § 23-23-60(A). When a law enforcement agency hires someone to work as a law enforcement officer, the agency has three days to notify the academy of the person's employment. S.C. Code Ann. § 23-23-40(A). This is done by completing a Personnel Change in Status (PCS) form online reflecting the new hire. The process of certification that follows differs depending on whether the person has previously been certified or is a candidate for certification. An officer candidate becomes certified upon completion of the appropriate training program at the CJA. S.C. Code Ann. Regs. § 37-004 (Supp. 2024). Once certified, a law enforcement officer must engage in continuing education to maintain their certification. S.C. Code Ann. § 23-23-60(C)(1) and (3) (providing that law enforcement certification expires three years after it is issued, but may be renewed prior to the expiration); S.C. Code Ann. § 23-23-50 (Rev. 2025) (providing requirements for continuing education including specific requirements for education on domestic violence during each three-year recertification period); S.C. Code Ann. § 23-23-55 (Rev. 2025) (providing requirements for continuing education in mental health or addictive disorders during the three-year recertification period). The officer's continued certification is also dependent on their continuous employment as a law enforcement officer. When an officer separates from a law enforcement agency, the agency must notify the academy of the separation within fifteen days. S.C. Code Ann. Regs. § 37-022(A) (Supp. 2024). This notice is accomplished by the agency's completion of a PCS form advising of the separation and indicating whether it was routine or due to misconduct. Irrespective of the reason, a separation causes the officer's certification to expire or lapse. S.C. Code Ann. § 23-23-60(C)(1) (certificate expires on discontinuation of employment); S.C. Code Ann. Regs. § 37-006(D) (certification lapses on termination of active law enforcement duty). If the officer is later employed by another law enforcement agency, then the officer may be re-certified. The requirements to re-certify an officer depend on the length of the break in service. S.C. Code Ann. Regs. § 37-006(D)(2), (3), and (6). When a previously certified officer returns to a law enforcement officer role after a break in service of three years or more, the process of certification must begin anew. S.C. Code Ann. Regs. § 37-006(D)(4). This statutory and regulatory framework is designed so that a person can only hold a law enforcement certification while employed as a law enforcement officer.

If the Greenville County magistrates' constables who hold Class 1-LE certifications are not currently employed as law enforcement officers by another law enforcement agency, then it is likely that someone acting on behalf of the Greenville County Summary Court notified the academy of the constables' employment, which caused them to be re-certified even though they are not actually performing law enforcement duties. If that is the case, you may be able to resolve the issue by alerting the academy that your office does not employ any of your constables as Class 1-LE officers. This will cause their certifications to expire or lapse. If any of the constables in question are currently law enforcement officers with another agency, it will be necessary to make certain the CJA is aware of the correct agency to associate with their Class 1-LE certifications and to ensure their ACADIS profiles are corrected.

Conclusion

Magistrate's constables do not have the authority of law enforcement officers. Because of this, the minimum standards for law enforcement agencies established pursuant to Section 23-23-85 do not apply to magistrates and the constables they employ. However, to prevent the CJA from continuing to treat your office as a law enforcement agency subject to those minimum standards, it would be wise for you to investigate how these constables continue to hold their Class 1-LE certifications and to make the CJA aware the constables should not hold Class 1-LE certifications as a result of their employment with your office.

Sincerely,

Sabrina C. Todd
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General