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South Carolina judges will be able to serve two additional years on the bench under a bill that is headed for the governor’s desk.
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Both chambers of the General Assembly voted Tuesday to raise the mandatory retirement age for judges to 74 years from 72 years.
The bill was introduced in the House last year, where it initially passed 113-0. After passing an amended version in June in a 36-3 vote, the state Senate gave a final reading of the bill Tuesday, to send it back to the House, which approved the changes as well.
The idea of raising the mandatory age for judges has come up from time to time as people have become more capable in their later years than in the past, said state Rep. Jordan, R-Florence, who is one of the bill sponsors.
“It’s time to reconsider the limitation,” Jordan said. “That restriction has been on the books for an extended period of time.”
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Currently, state law says a judge has to retire from the bench by Dec. 31 of the year they turn 72 years old. However, judges can work then as retired judges. Currently, 18 judges in the state are listed as retired but active including former state Supreme Court Chief Justice Jean Toal and Clifton Newman, who served as the judge in the first Alex Murdaugh double-murder trial.
If Gov. Henry McMaster signs the bill, two judges who turn 72 this year would not be required to retire. Third Circuit Judge George McFaddin has a term that ends this year. He could choose to run for reelection to his seat.
Fourth Judicial Circuit Judge Paul Burch has a term that ends in 2028. If the bill becomes law, then the General Assembly next year would not have to.
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