South Carolina Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Carolina, with full citations and the original source on every page.
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If someone serves on the board of the South Carolina Medical Malpractice Association, does that count as a 'public office' that would prevent them from holding any other state office?
Probably not. The AG concluded that a court would likely find the Association's board does not exercise sovereign power. The board takes no oath, receives no pay, has no regulatory authority, and does…
Can the Executive Director of a joint regional sewer authority also serve on a city's planning commission, or does South Carolina's dual office holding ban prevent it?
Yes, both positions can be held simultaneously. The AG concluded that an executive director hired by a board to run day-to-day operations is an employee, not an officeholder, so the constitutional dua…
If the Governor wants to appoint someone who already holds a state office to the Health Planning Committee, does the dual office holding ban block it?
No. The AG concluded that members of South Carolina's Health Planning Committee are not officeholders for dual office holding purposes because the Committee plays a purely advisory role to the Departm…
Can one person serve on a South Carolina county hospital board and a county elections commission at the same time?
No. Both positions are 'offices of honor or profit' that exercise sovereign power. Under Article XVII, § 1A, holding both at once is unconstitutional dual office holding, and the law treats the first …
Can a South Carolina city hire a law firm (rather than a single attorney) to be its city attorney on a contract basis, and if a lawyer at the firm also sits on a school board, does that violate dual-office-holding rules?
Yes to both. Under S.C. Code § 5-7-230 and Home Rule, a SC municipality can contract with a law firm to serve as outside city attorney for civil matters only. Because the retention is by contract (no …
Do members of a South Carolina county library board of trustees have to take the constitutional oath of office?
Yes. Members of the Charleston County Library Board of Trustees hold public office under the South Carolina Constitution, so they must take and subscribe the oath of office prescribed by Article VI, S…
Can a special-purpose district's executive director also serve as a soil and water conservation commissioner in South Carolina?
Yes. The Attorney General concluded that serving at the same time as Executive Director of the Chester Metropolitan District and as a commissioner of the Chester Soil and Water Conservation District d…
Do South Carolina charter school board members have to be registered voters, or is living in the state enough?
Residency alone is likely not enough. The Attorney General concluded a court would probably find charter school board members are public officers, so under Article XVII, Section 1 of the South Carolin…
Can a South Carolina state representative serve on the Palmetto College Board of Visitors without breaking dual-office-holding rules?
Yes. The AG concluded that membership on the Palmetto College Board of Visitors is not a public 'office' for dual-office-holding purposes, because the Board is advisory, not created by statute, and ex…
Can one person serve on the Cherokee County Council and also hold Cherokee County's seat on the Spartanburg County Commission for Higher Education?
No. The AG concluded that both positions are public offices that exercise part of the State's sovereign power, so holding them at the same time would violate South Carolina's constitutional dual-offic…
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Attorney general opinions in South Carolina are written by the South Carolina Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.