It would appear that S.333 seeks to limit prison sentences for public officials who commit felonies or misdemeanors. For felonies and misdemeanors alike, the amendment states that any official who pleads guilty or nolo contendere to either while in office shall be imprisoned for: 1) a year (felony) or thirty days (misdemeanor), or 2) a percentage of the minimum term required by law for conviction of the same crime, whichever is higher. This amendment calls into question why it must be that public officials are not subject to the same sentencing expectations that apply to the private sector. There is another dimension here that is worth consideration. The “percentage” to be served is determined by a presiding judge. That’s fine, although this is an opportunity to raise awareness to the fact that many officials within the judicial branch are appointed by lawmakers. South Carolina government has not done well in adhering to the separation of powers model. Citizens of this state simply need to be aware of the questionable relationships that exist within our government.
By South Carolina Policy Council
Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.