(Published December 3‚ 2003)

COLUMBIA, S.C. (AP) - Gov. Mark Sanford asked the state Supreme Court on Wednesday to think about the personal side of a constitutional dispute that could undo all of his official actions since taking office in January. It was the first time, as far as court observers could recall, that a sitting governor spoke to the high court.

Sanford's 11-month tenure as governor is being challenged by Edward Sloan Jr., a retired Greenville construction company owner. The dispute is about whether Sanford can hold legally a commission in the U.S. Air Force while he is governor.

Jim Carpenter, Sloan's lawyer, said state constitutions since 1776 have allowed governors only to serve in and command a state-run militia, not federal military reserve units.

Sanford's lawyer, Vance Bettis, told the justices all state militia members - now called the National Guard - can be called up as part of regular, federal military forces. That means there's little distinction between the two and Sanford should be allowed to keep his commission, Bettis said.

Sanford, commissioned on Jan. 30, 2002, is a first lieutenant in the 315th Aeromedical Evacuation Squadron at Charleston Air Force Base.

For most of an hour, the governor sat in the court, occasionally writing on a piece of paper, as the justices heard arguments.

As Chief Justice Jean Toal stood to recess the hearing, Sanford rose and called out, "Madame Chief Justice, may I say something?"

Toal told the people in the court to sit back down. "Gov., it's highly unusual to allow a lay person and a client to speak in our forum, but you are the governor of the state and we'll accord you that respect," she said.

Sanford then spent about five minutes explaining the personal reasons that compelled him to join the Air Force Reserve and defend his decision to stay.

After admiring the military for six years while in the U.S. House, Sanford said he wanted his four sons to follow his example and serve in the military. That service, he said, "makes me a better father."

As governor, Sanford is on the top rung of the state's political leadership. But his serving on the bottom of an organization like the Reserve, "is an immense value to the taxpayers of South Carolina," he said.

It's unclear what impact, if any, the personal appeal will have on the high court. "My lawyers are panicking at this moment," Sanford told the justices. "Whatever you all decide, I will abide by. Period."

Before Sanford spoke, the justices quizzed Bettis and Carpenter about the legal issues in the case.

Carpenter argued at one point that Sanford's federal service commitment divides loyalties, taking his focus off his duties to South Carolinians.

"When we see our governor going off for training for two or three weeks, facing the prospect of a long-term deployment over in Iraq or Southeast Asia or who knows where, then I think he's got his attention divided," Carpenter said.

"Well in that context, the governor shouldn't be allowed to be married," responded Justice E.C. Burnett III, a former Army Reserve major who served in Vietnam for a year ending in August 1966.

Two other justices on the five-person bench also are veterans. Justice John Waller Jr. was a 2nd lieutenant in the Army and served in the Reserve and National Guard while Justice Costa Pleicones was an officer in the Judge Advocate General Corps and served more than 30 years in active or Reserve roles.

During arguments, Pleicones challenged the contention that Sloan didn't have standing to sue. Bettis argued ordinary taxpayers have to show how they are specifically affected when they sue public officials.

But Pleicones asked what would happen if a lifelong resident of Charlotte, N.C., decided to run for governor here, but stay in North Carolina. "You're telling me that if nobody had the courage to challenge that except a citizen, that that person would not have the standing?"

Sloan, a self-described government watchdog, said after the hearing he just wants to see the law upheld.

"My sole interest is the Constitution says one thing and it has not yet been enforced," he said.

While Sanford said he discussed the legal ramifications of holding the commission while serving as governor before taking office in January, he chose not to seek a court opinion. He said if he loses this case, he would consider an appeal.

As for piping up in court, "if there was any breach in terms of protocol, I apologize," Sanford said. "I've never been in a courtroom, I certainly haven't been in the Supreme Court."