COLUMBIA, S.C. - Gov. Mark Sanford may continue to serve in the U.S. Air Force Reserve, the state Supreme Court ruled Monday in a lawsuit claiming the governor was violating the state constitution.
Sanford's tenure was challenged by retired businessman Edward Sloan Jr., 74, who sued saying the state constitution allows the governor to serve in and command only a state militia. The court ruled the term militia included the reserves.
"The militia exception ... includes within its ambit Gov. Sanford's service in the Air Force Reserve, thereby rendering his military commitment consistent with the South Carolina Constitution," Justice E.C. Burnett III wrote in the unanimous decision. "We conclude ... the South Carolina Constitution permits the governor to serve in the military reserves."
The court determined that historically South Carolina's "militia" refers to citizen-soldiers as opposed to professional soldiers.
The court ruled the Air Force Reserve consists of citizen-soldiers who serve primarily on a part-time basis and who can be called up to serve full time in emergencies.
Sloan, a self-described government watchdog, would not comment on the ruling because he may petition the high court to rehear the case.
"I'm sure you realize it is very unwise for litigants to comment about the action of a court, particularly when there's other litigation involved and a possible appeal," Sloan said. "I certainly have strong feelings on the subject but I'm not about to piss in the well that I've got to drink out of tomorrow."
Sanford issued a statement but declined an interview with The Associated Press.
"I'm obviously grateful to the Supreme Court for this decision on a personal level but more importantly I'm grateful to them for taking up the issue and clearly interpreting the laws of our state as they relate to Reserve service," the statement said. "I've always viewed this decision as much bigger than me and I hope the Court's ruling will help open the door to other folks in elected office who might want to be a part of the reserves."
In its ruling, the high court cited several cases throughout the country where elected officials were allowed dual-office holding.
When his case was being heard, Sanford was granted an unusual opportunity to address the justices. He spoke for about five minutes following oral arguments and explained the personal reasons that compelled him to join the reserves. Those reasons included wanting his four sons to follow his example and serve in the military.
The high court did not mention Sanford's personal appeal in its five-page ruling.
Sloan's attorney Jim Carpenter said he was disappointed the court didn't address "the whole concept that the governor is the commander in chief of the South Carolina militia."
Speaking hypothetically, Carpenter asked what Sanford would do if he was called to duty in the reserves, and something happened in South Carolina that required him to command the state's militia.
"The state militia is clearly not the Air Force Reserve and they didn't address that at all," Carpenter said. "And they didn't address the concept that we argued, that you can't be the commander in chief of one military unit, while simultaneously being ... in another military unit," Carpenter said.
But the court disagreed.
"We believe the history of the South Carolina militia, a fighting force, which has consisted of the citizen-soldier, encompasses the Air Force Reserve and supports our finding," wrote Burnett, 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.
Sanford, commissioned on Jan. 30, 2002, was in line for a promotion to captain last month in the 315th Aeromedical Evacuation Squadron.
"He attends drills once a month and is doing what we've asked him to do," Col. Gary Cook, commander of the 315th Airlift Wing, said last month.
Sanford joined the reserves in January 2002, about two months before he filed to run for governor.
Last April, Sanford completed two weeks of training at Maxwell Air Force Base, Ala., and he has said he is working on a correspondence course designed to train him as a medical administrator.
Carpenter said he thinks the only remaining option would be to ask the court to reconsider its ruling. "We will have to make a decision relatively soon," he said.
---
On the Net: http://www.judicial.state.sc.us/opinions/
News Business Sports Entertainment Living Shopping Classifieds Jobs Cars Homes 
