Thursday, Nov. 05, 2009

Sanford ethics report: Supreme Court won't intervene

The S.C. Supreme Court has decided not to intervene in a dispute over a forthcoming report from the State Ethics Commission into allegations against Gov. Mark Sanford. The court denied both Sanford's request to keep the report secret and a state House of Representative's request to require the commission give a copy of the report to lawmakers, who considering impeaching the two-term, Republican governor.

The Ethics Commission is looking into Sanford's use of state planes and other public resources, as well as his use of campaign money and private plane trips following several media investigations sparked by the governor’s clandestine five-day trip to Argentina in June. Sanford later admitted to having an extramarital affair.

In deciding not to act, the court said Sanford still has a pending request before the Ethics Commission to block the report’s release. House impeachment hearings also are not dependent on the Ethics Commission report, the court said. The House, justices noted during oral arguments, could subpoena the report's information if they begin impeachment proceedings.

The court also ruled Sanford completely waived his right to confidentiality in an Aug. 28 letter to the commission. That letter also was released to the media.

Sanford's lawyers had argued the Aug. 28 waiver only allowed the Ethics Commission to acknowledge its investigation and the scope of the inquiry.

"Governor Sanford’s August 28th letter did not limit the waiver in any way, shape or form," the justices wrote. "It did not reference the very specifically delineated restrictions that had been outlined by (Ethics Commission executive director Herbert) Hayden to the Governor’s counsel. Indeed, the Governor specifically stated this is ‘my decision.’ The additional language the Governor used in the letter, regarding ‘fighting for transparency,’ disclosure, as well as his reference to travel records -- which would not have been disclosed under the partial waiver that had been discussed between the Governor’s counsel and Hayden -- indicates his intent was to waive confidentiality without limitation and without reliance upon the communications between his counsel and Hayden."

However, the justices said the waiver only applies to materials that Sanford was entitled to receive once the Ethics Commission issues a final ruling on his case and does not include the work product of the commission’s investigation.

State Ethics Commission executive director Herbert Hayden said the agency likely will finish its preliminary report next week. At that point, the nine-member panel will decide if evidence exists of criminal or civil violations of the law.

Link for Web: http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26741

-- From staff reports

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