Could a magistrate court constable run for sheriff without resigning?

Plain-English summary

A magistrate court constable asked whether she could stay employed while running for sheriff and resign only if elected. The Attorney General said she could not. Under the judicial employee political activity rule cited in the opinion, an employee or officer of the Judicial Department could not be a candidate for a partisan elective office. The AG treated the constable position as covered and concluded that she had to resign before running for sheriff.

The request said the county had no separate policy against the candidacy. That did not alter the AG's answer, which rested on the court rule. The opinion described the constable's work as serving papers and warrants, helping the magistrate, and performing administrative duties; it did not decide a different kind of constable or a nonpartisan election.

Currency note

This opinion was issued in 2015. 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: Could a magistrate court constable stay employed through a sheriff campaign?
A: The 2015 AG said no; the constable had to resign to run.

Q: Would a promise to resign after winning suffice?
A: No. The AG said the employment and partisan candidacy could not overlap.

Q: Did the absence of a county policy change the result?
A: No. The answer relied on the statewide Judicial Department rule cited in the opinion.

Background and statutory framework

The opinion applied the political activity restriction in Rule 507(1)(C), SCACR to the described magistrate court constable. Its conclusion was narrow and turned on candidacy in a partisan election while serving in that court role.

Citations and references

• The AG quoted the rule: an employee or officer of the Judicial Department may not “be a candidate for elective office in a partisan election.”
• It concluded: “You would have to resign your position as a magistrate court constable in order to run for sheriff.”

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-24-2015/
• Original PDF: https://www.scag.gov/wp-content/uploads/2015/09/Buchanan-K.-OS-9955-FINAL-Opinion-9-24-2015-00762081xD2C78.pdf

Original opinion text

Alan Wilson
AITORNEY GllNERAI.

September 24, 2015

Kayla Buchanan
SCTR - Bates Township Summary Court

I 14 N. Poinsett Highway
Travelers Rest. SC 29690
Dear Ms. Buchanan:

This Office received your request for an opinion. You are asking if you can be employed as a constable1 for a magistrate court and run for sheriff at the same lime. You explain that you will resign as constable if you are elected sheriff. You inform us that the county does not have a policy against it. LAW/ANALYSIS:

According to a prior opinion we wrote, "[t]hc political activity of Judicial Department employees and officers is restricted. .

Op. S.C. All. Cicn..

April 15. 2004. Op. No. 8 - 2004 (2004 WL 6033424).

Rule 507(1 )(C). SCACR provides that "[aln employee or officer of the Judicial Department may not. .

.[b]e a candidate for elective office in a partisan election. . . ." Accordingly, you may not be employed as a magistrate court constable and run for sheriff at the same time. You would have to resign your position in order to run for sheriff. CONCLUSION:

You would have to resign your position as a magistrate court constable in order to run for sheriff. Sincerely.

'2'^. r dsCfr
Elinor V. Lister
Assistant Attornev General

Your job description as constable includes serving civil papers, writing civil/criminal receipts and warrants, assisting the magistrate Judge with striking the jury, evicting tenants, and administrative duties. You fill in for the

judge's administrative assistant when she is out of the office.

You also hold a class one certification for law

enforcement from the Slate of South Carolina.

Rembhrt C.Dennis Building

•

Post Office Box it 549

. Columbia. SC 2921 1-1549

. Telephone 803-734-3970

. Facsimile 803-253-6283

Kayla Buchanan
Page 2

September 24. 2015

REVIEWED AND APPROVED BY:

''Robert D. Cook
Solicitor General