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STATE EX REL. CONDON v. HODGES

No. 25451.

349 S.C. 232 (2002)

562 S.E.2d 623

STATE of South Carolina ex rel. Charlie CONDON, Attorney General, Plaintiff, v. James H. HODGES, Governor, State of South Carolina; James A. Lander, Comptroller General and Grady L. Patterson, Jr., State Treasurer, Defendants, and Glenn F. McConnell, President Pro Tempore of the South Carolina Senate, Hugh K. Leatherman, Sr., Chairman of the Finance Committee of the South Carolina Senate, David H. Wilkins, Speaker of the South Carolina House of Representatives and Robert W. Harrell, Jr., Chairman of the Ways and Means Committee of the South Carolina House of Representatives, Intervenors.

Supreme Court of South Carolina.

Decided April 18, 2002.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Deputy Attorney General Treva Ashworth, Assistant Deputy Attorney General Robert D. Cook, and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for plaintiff.

Dwight F. Drake and C. Mitchell Brown, both of Nelson, Mullins, Riley & Scarborough, of Columbia, and Stephen P. Bates, Chief Legal Counsel to the Governor, of Columbia, for defendants.

H. Pierce McNair, Jr., and Helen Ann S. Thrower, both of Columbia, for Intervenor South Carolina House of Representatives.

Michael R. Hitchcock and Geoffrey R. Penland, both of Columbia, for Intervenor South Carolina Senate.

James E. Smith, Jr., of Smith, Ellis & Stuckey, of Columbia, for Amici Curiae Douglas Jennings, Jr., John L. Scott, Jr., J. Anne Parks, Vida O. Miller, Walton J. McLeod, Herb Kirsh and Mack T. Hines, Officers for and of the House Democratic Caucus.

Justice MOORE.

We accepted this matter in our original jurisdiction to determine whether the Attorney General has the authority to bring an action against the Governor, whether a separation of powers violation has occurred, and whether the Governor is required to return a balanced budget to the General Assembly.

FACTS

This action was commenced by the plaintiff (hereinafter referred to as the Attorney...

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