Richardson v. Town of Mount Pleasant

The circuit court judge found that a municipal police officer is a constable within the meaning of the South Carolina Constitution’s dual office holding provisions.1 Therefore, he held that Respondent Henry Richardson (Respondent) is entitled to continue serving as a police officer for the Town of Mt. Pleasant despite his subsequent election to the Berkeley County Council. Further, the circuit court concluded that to hold otherwise would violate Respondent’s federal equal protection rights.2 The Attorney General appealed. We reverse.

The South Carolina Constitution generally prohibits an…