SC Supreme Court Hears Governor Sanford’s Argument Against Ethics Report Release

The South Carolina Supreme Court heard arguments Monday afternoon about whether the state Ethics Commission should release its investigative report to the South Carolina House of Representatives. Gov. Mark Sanford is trying to block the release of that report, saying it would be unfair to him because it would not include his side and the House would use it for impeachment proceedings.

Kevin Hall, attorney for Gov. Sanford, argued to the Supreme Court, “We ask the commission, if you’re going to change the process, if you’re going to make a report public that should not be made public, allow our client to know of the information in advance so that he can respond.“ 

One of the issues that the Supreme Court has to decide, if it decides to take the case, is whether the South Carolina House is a prosecutorial body. State law allows the Ethics Commission report to be released only to a prosecutorial body.

Charles Reid, attorney and clerk of the South Carolina House, told the justices, “The House is always a prosecutorial authority when it comes to impeachment of statewide elected officials and state judges.“ 

But Hall argued that agreeing to that would create an open season on politicians. “If the General Assembly is perpetually sitting in the mode of impeachment, anybody who is a statewide officer, a judge is in the crosshairs,“ he said.

The justices would also have to decide whether Gov. Sanford waived confidentiality, which would allow the release of the report. The Ethics Commission does its business in secret unless the subject of an investigation waives confidentiality. In this case, Gov. Sanford did waive confidentiality, which allowed the Ethics Commission to confirm that it is investigating his use of state planes, his travel, his campaign finances and whether he properly reported free flights that were given to him by friends.

But the governor’s lawyer argued that the waiver of confidentiality was limited only to the fact that an investigation was taking place and what the commission was looking into.

However Cathy Hazelwood, general counsel for the Ethics Commission, told the Supreme Court, “I think since the waiver, since the waiver’s been made, it’s a genie they’ve been trying to stuff back in that bottle ever since, that this has been a waiver and ever since then they’ve been trying to take it back.“

She also said there is no investigative report at this point. The commission is continuing its investigation and no one knows when it will be finished, although commission executive director Herb Hayden estimated it should be finished by late October or early November. Once it’s finished, staff will give a preliminary report to the members of the Ethics Commission, which will then decide whether there is probable cause to continue.

The Supreme Court could decide to take the case and prevent the Ethics Commission from releasing its report to the House, or it could decline to intervene and allow the House to get the report.