Could a clerk of court receive the probate judge’s salary while filling a vacancy?

Plain-English summary

Orangeburg’s clerk of court asked whether he could receive the probate judge’s salary while performing that office’s duties during a vacancy. The Assistant Deputy AG noted that the then-current vacancy statute directed the clerk to take charge, perform the duties, and receive the same fees until the vacancy was filled.

He said two earlier AG opinions had concluded that a clerk performing the probate judge’s duties was entitled to the judge’s salary, although those opinions had not relied on the cited vacancy statute. In his view, later salary provisions did not appear to alter their reasoning. The short informal letter did not compute a salary amount or address any separate pay for the clerk’s original office.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the author say the clerk could receive the probate judge’s salary? A: Yes. He relied on earlier office opinions and said their conclusion still appeared to apply.

Q: Did the cited vacancy statute itself expressly say “salary”? A: No. As the author described it, the provision said the clerk would take charge of the office, perform its duties, and receive the same fees.

Q: Did the letter calculate the amount due? A: No. It addressed entitlement in principle, not a dollar figure.

Background and statutory framework

The letter quoted §14-23-60 on the clerk’s role during a probate vacancy and mentioned §§ 8-21-760 and 8-21-765 on later salary legislation. It cited AG opinions dated December 12, 1967 and July 8, 1981 as the basis for the salary conclusion.

Citations and references

Statutes discussed: §14-23-60; §§ 8-21-760 and 8-21-765. Prior AG opinions: December 12, 1967; July 8, 1981.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-2-1997-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97june2murdaugh.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

I

June 2, 1997

The Honorable Douglas c. Murdaugh
Clerk of Court
P.O. Drawer 9000
Orangeburg, SC 29116-9000
Dear Doug:
You have requested the advice of this Office as to whether, as Clerk, you are entitled to the salary for the office of Probate Judge while serving in that position as a result of a vacancy. You reference s.c. Code Ann. §14-23-60 (1976) which provides that, in the event of a vacancy, the Clerk shall "take charge of the office" of Probate Judge, discharge the duties thereof, and "receive the same fees" until the vacancy is filled. Two previous opinions have concluded that the Clerk is entitled to the Probate Judge's salary when fulfilling that Office's duties, but the Opinions have not relied upon that statute; however, their conclusions and reasoning would indicate that, as Clerk, you would be entitled to the Probate Judge's salary while executing the duties of that Off ice. ~ Atty. Gen. (December 12, 1967 and July 8, 1981); Cf. Id. (May 23, 1983). Legislation regarding Probate Judges' salaries since those Opinions were issued does not appear to alter these conclusions. See §§ 8-21-760 and 8-21-765 (Supp. 1996). This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have

please let me know.

General
JESjr

~· D~~·

POST OFFICE Box 11549

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COLUMBIA,

s.c. 29211-1549

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