Court: Sanford can continue in Reserves

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Ed "Ned" Sloan of Greenville filed a lawsuit last year against Sanford, arguing the state's constitution does not allow a governor to simultaneously hold a military commission, except in the militia.

Sanford's lawyers argued the term militia also applies to the National Guard and military reserves, neither of which existed when the state's constitution was written.

The justices on Monday sided with Sanford, finding that militia applies to all types of citizen soldiers.

"We believe the history of the South Carolina militia, a fighting force, which has consisted of the citizen-soldier, encompasses the Air Force Reserve," Associate Justice E.C. Burnett wrote on behalf of the court, "and supports our finding Governor Sanford's part-time military service is consistent with the South Carolina constitution."

Sloan's lawyer, Jim Carpenter of Greenville, said his client was disappointed in the ruling and may ask the court to reconsider two points it did not address.

"We think we had a good case," he said. "We think the constitution is clear."

Sanford issued a statement thanking Sloan for his efforts and the justices for clearing up the matter.

"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," Sanford said.

The justices found that the constitution's ban on governors holding another office or commission originated as a way to keep a governor loyal to South Carolina instead of England.

The court also found that state and federal policy support officeholders serving in military commands, citing one state law that forbids an elected office from being declared vacant because the official was serving as an officer.

"In the absence of a clear intent on the part of our constitution's framers to exclude the governor from military service as a citizen-soldier, we decline to penalize him for his efforts," Burnett wrote.

Carpenter said, however, that the court failed to consider a definition for militia already used in state law and also failed to consider the argument that Sanford cannot serve as an officer at the same time in two separate military organizations, the Reserves and as commander in chief of the state's National Guard.

"I think if they had addressed those two points, they would have had to come to a different conclusion," he said.

Sanford told the justices in December that being an officer helped him be a better governor by giving him a different perspective and also helped him be a better father to his sons, whom he hopes one day will serve some military duty.

The governor joined the Air Force Reserves in January 2002 and was commissioned a first lieutenant in the Medical Service Corps.