Since its founding in the 1880s, Clemson University has always had seven “life trustees”. The SC Constitution of 1895 prohibits any state officer from serving in an office for a life term, even despite good behavior. Before his passing a few years ago, Ned Sloan, SCPIF’s founder, filed suit, alleging the life trustees violated the state Constitution. His son, John Sloan became the plaintiff.
Specifically, the SC Constitution Article VI, Section 1 reads: “No person may be elected or appointed to office in this State for life or during good
behavior, but the terms of all officers must be for some specified period except officers in the militia.”1
Regardless of this clear language, Clemson University, a state institution, has seven “life trustees.” The Probate Court of Pickens County granted summary judgment to Clemson, and the Circuit Court affirmed, reasoning that they were appointed privately from the will, not publicly, and therefore they were not public officers. We appealed.
At this point, both sides have filed their briefs. According to the Court, oral arguments are in the scheduling process to be held either late September or possibly October.
- S.C. Const. art. VI, § 1. https://www.scstatehouse.gov/scconstitution/A06.pdf ↩︎