Rep. Jim Merrill's constituents to file suit regarding his suspended seat

Four Daniel Island residents in S.C. House District 99 are expected to take legal action this week against Governor Henry McMaster, Attorney General Alan Wilson, and others regarding the General Assembly seat held by Rep. Jim Merrill.

Last December, about a month after being re-elected to a ninth term, Merrill was indicted on two counts of misconduct in office and 28 counts for violations of the Ethics, Government Accountability, and Campaign Reform Act of 1991. In an article in The Daniel Island News, he called the charges against him “unfounded and misleading.” As dictated by state law, Merrill was suspended from his seat pending the outcome of the case.

Connolly Dittrich, Sophia Latto, Laurie Steinke and Louis Steinke are listed as “petitioners” in the new legal filing about Merrill’s position. They argue that Governor McMaster may have a legal obligation to appoint a temporary replacement for Merrill during his suspension. Local attorney Jim Davis of Daniel Island, who is representing the group, said he expected to submit the suit to the South Carolina Supreme Court by Friday.

“The most basic principle of American democracy is that the citizens have the right to representation,” wrote Davis in his argument for original jurisdiction by the court. “This public interest is plainly involved in this action, because the Petitioners, and the other 45,000 residents (approximate) of South Carolina District 99 are being deprived, through no fault of their own, of representation by a state representative duly elected by them.”

Davis went on to state that these issues “go to the very heart of constitutional governance” and that the people’s will “has been and will continue to be thwarted if there is no timely replacement of state legislators indefinitely suspended from their office due to their indictments for crimes.”

On December 22, during his first court appearance regarding the string of indictments, Merrill stated he would defend the charges against him. Daniel Island resident Laurie Steinke, and those joining her in the suit, feel that defense could take years.

“We believe we have standing and evidence sufficient to ask you to appoint a temporary state representative for District 99…until such time as the charges against Rep. Merrill are resolved,” she stated, in a letter to Gov. McMaster included in the filing. “There are very important issues concerning education, infrastructure spending, health care, jobs, and more that are presently being considered, debated and voted upon in the General Assembly, in which we have no representation.”

According to the filing, per state law (Section 8-1-100) “any state or county officer who is indicted in any court of any crime may, in the discretion of the Governor, be suspended.” The statute goes on to say that if a suspension occurs, the Governor “shall appoint another in his stead until he shall be acquitted.” In the event of a conviction, a suspended seat would be considered vacant and could be filled “as provided by law.”

The petitioners in the suit are asking the court to determine if the Governor has the authority and obligation to appoint a replacement for Rep. Merrill to represent the residents of House District 99. Davis called the matter an issue “of great public importance.”

The case is similar to one filed recently by ethics watchdog John Crangle, who has asked the S.C. Supreme Court to rule on whether or not Governor McMaster can appoint a temporary replacement for suspended Senator John Courson.

According to state law (8-13-560), “A member of the General Assembly who is indicted in a state or federal court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, a crime that violates election laws, must be suspended immediately without pay by the presiding officer of the House or Senate,” not the governor. And therefore, some contend, since the state’s top executive did not suspend Merrill, he may not have the power to appoint a temporary replacement.

“The Governor’s office is of the opinion it does not have the legal authority to make such an appointment,” stated Brian Symmes, press secretary for Governor McMaster.

The Daniel Island News spoke with Rep. Merrill about the filing prior to going to print, but he declined to comment. Also named as respondents in the case (in their official capacities as public officials) are S.C. Senate Pro Tem Hugh Leatherman, Merrill, Speaker of the House Rep. James Lucas and the state of South Carolina. The General Assembly is officially in session between January and May. The current session ends on May 11.