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The Supreme Court of South Carolina

Governor Mark Sanford, Petitioner,


South Carolina State Ethics Commission and Herbert R. Hayden, Jr., in his official capacity as Executive Director of the State Ethics Commission, Respondents,

The Honorable Robert W. Harrell, Jr., Speaker of the South Carolina House of Representatives,


Governor Mark Sanford has filed a petition for a writ of mandamus in this Court’s original jurisdiction.  In considering the Governor’s petition, it has become apparent that a factual finding regarding the effect of the Governor’s August 28, 2009 letter to respondent Herbert R. Hayden, Jr., may be necessary.  Accordingly, we ask the Governor to, within five (5) days of the date of this order, serve and file a brief, and any evidentiary materials he deems relevant to the following issue:

If the Court determines a respondent may effect a complete waiver of confidentiality under S.C. Code Ann. § 8-13-320(10)(g) (Supp. 2008), does the Governor’s letter of August 28, 2009 constitute a complete waiver of confidentiality?

Respondents and intervenor shall have five (5) days thereafter to serve and file a return to the Governor’s brief.  The Governor shall then have two (2) days thereafter to serve and file a reply to the returns.  Due to the short time periods established by this order, any filing with this Court or service on opposing counsel shall be by hand delivery.


s/Jean H. Toal                                    C.J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
October 21, 2009