EXECUTIVE ORDER NO. 2005-18


WHEREAS, the Grand Jury of Horry County indicted James Russell Herring, a member of the City Council of the City of Loris, on August 25, 2005, for two counts of Distribution of Marijuana; two counts of Distribution of Marijuana in Close Proximity to School/Park; Possession of Oxycontin, a Schedule II Drug; Possession of Prescription Drugs without Prescription; four counts of Distribution of Schedule I, II, III Drug (Hydrocodone/"Lorcet"); and four counts of Possession with Intent to Distribute Controlled Substance Near School in violation of South Carolina Code of Laws; and

WHEREAS, copies of the indictments against James Russell Herring have been provided to me; and

WHEREAS, Article VI, Section 8 of the South Carolina Constitution provides that "[a]ny officer of the State or its political subdivisions . . ., who has been indicted by a grand jury for a crime involving moral turpitude or who has waived such indictment if permitted by law may be suspended by the Governor until he shall have been acquitted. . ."; and

WHEREAS, James Russell Herring is an officer of the State or its political subdivisions; and

WHEREAS, the above-referenced indictments are for crimes that involve moral turpitude; and

NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and Statutes of the State of South Carolina, I hereby suspend James Russell Herring from the office of City Council of the City of Loris. This suspension shall remain in effect until such time as he shall be formally acquitted or convicted.

This action in no manner addresses the question of the guilt or innocence of Mr. Herring and should not be construed as an expression of any opinion one way or another on such question.

This Order shall take effect immediately.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 29th DAY OF AUGUST, 2005.

MARK SANFORD
Governor


Last Updated: Thursday, July 2, 2009 at 4:08 P.M.