SC Supreme Court to decide if elected sheriff is qualified

Law Journals

Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.

Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.

Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.

After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.

Stearns, a Republican, received 57 percent of the vote in the 2016 election.

Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.

Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree.

Related listings

  • Tennessee high court refuses to block looming execution

    Tennessee high court refuses to block looming execution

    Law Journals 08/04/2018

    The Tennessee Supreme Court has refused to stay Thursday's scheduled execution of a convicted child killer while the state's new lethal injection protocol continues to be challenged on appeal.The order brings Tennessee within days of killing Billy Ra...

  • India's top court calls for new law to curb mob violence

    India's top court calls for new law to curb mob violence

    Law Journals 07/15/2018

    India's highest court on Tuesday asked the federal government to consider enacting a law to deal with an increase in lynchings and mob violence fueled mostly by rumors that the victims either belonged to members of child kidnapping gangs or were beef...

  • 3 more Supreme Court candidates meet with Trump

    3 more Supreme Court candidates meet with Trump

    Law Journals 07/04/2018

    President Donald Trump spoke with three more potential Supreme Court candidates on Tuesday as a key senator privately aired concerns about one of the contenders.As Trump weighs his options, he has heard from Sen. Rand Paul, R-Ky., who has expressed r...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.