COLUMBIA, S.C. — The South Carolina Supreme Court said Gov. Henry McMaster acted within his authority when he suspended a former member of the Columbia City Council several years ago.
The justices rendered their opinion Wednesday on the case involving Moe Baddourah, who served on the council from 2012 to 2019 representing District Three.
In 2016 he was arrested on a charge of second-degree domestic violence involving his wife. After Baddourah was indicted by a grand jury in March of 2017, McMaster suspended him from office.
But Baddourah and his lawyer argued the governor didn't have the right to suspend him under state law. He suggested the statue allowing governors to suspend public officials exempts members of the legislative branch. However, the high court agreed with an earlier circuit court ruling that the law meant members of the General Assembly, not local lawmakers, when it limited the governor's suspension powers against the legislative.
Baddourah also suggested the governor couldn't relieve him of his duties because his charge did not meet the definition of "moral terpitude"-- meaning an immoral or unethical act--which is the reason why a governor can take action against an elected official. While the court agreed with Baddourah that the definition of moral terpitude shouldn't be left solely to the governor's discretion, as the circuit court judge ruled, they found that the charge he faced did meet definitions that have been part of South Carolina case law. In doing so, the court essentially said this phrase is as ambiguous as its seems and can be defined by a court.
"Under the circumstances presented here, in which it is alleged that an individual engaged in conduct that was "likely to result in moderate bodily injury," we conclude the charge of second-degree domestic violence qualifies as a crime involving moral turpitude," Chief Justice Donald Beatty wrote.
Prosecutors declined to prosecute Baddourah's charge in 2018 and he was reinstated by the governor, allowing him to resume his duties on the council, almost a year and a half after his suspension. He was defeated in 2019 in his bid for re-election by Will Brennan.