Could a retired South Carolina judge receive state retirement pay while serving as a federal judge?

Plain-English summary

A South Carolina circuit judge asked whether the Judicial Retirement System barred a retired judge from receiving retirement pay while serving in a federal judicial position in South Carolina. The Attorney General said it appeared not. The restriction and the statutory definition of “judge” named South Carolina courts, but did not specifically mention federal judicial positions.

The letter relied in part on an earlier AG opinion about a retired judge serving as a special referee. Its answer was framed as an interpretation of the retirement provisions in effect at the time, not a finding about a named person's eligibility.

Currency note

This opinion was issued in 1998. 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 1998 state retirement restriction expressly cover a federal judgeship?
A: The AG said no. It read the provisions as defining covered judicial positions by reference to South Carolina courts.

Q: Did the AG say federal judicial service automatically ended state retirement pay?
A: No. It said a retired state judge appeared able to receive that pay while serving federally.

Background and statutory framework

The opinion compared Section 9-8-120 (4), which restricted some activity by retired judges receiving pay, with Section 9-8-10's definition of judge. The absence of federal judicial positions from those provisions drove the answer.

Citations and references

• Section 9-8-120 (4), the restriction raised in the request.
• Section 9-8-10, the definition of “judge” examined in the letter.

Official title

Requesting as to whether South Carolina Code Section 9-8-120 (4) (Supp. 1997) prevents a retired judge from drawing retirement pay while serving in a federal judicial position in South Carolina.

Requester

The Honorable David H. Maring, Sr., Resident Judge, Fifteenth Judicial Circuit

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-29-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98may29maring.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

May 29, 1998
The Honorable David H. Maring, Sr.
Resident Judge, Fifteenth Judicial Circuit 104 Screven Street Georgetown, South Carolina 29440 Dear Judge Maring: You have requested an opinion as to whether South Carolina Code Section 9-8-120 (4) (Supp. 1997) prevents a retired judge from drawing retirement pay while serving in a federal judicial position in South Carolina. Section 9-8-120 says a judge receiving retirement pay "who engages in the practice of law may not serve as a justice or judge in any court in this state." The code does not specifically address the question of whether this prohibition includes serving in a federal judicial position. However, Section 9-8-10 defines "judge" only as "a justice of the Supreme Court or a judge of the court of appeals, circuit or family court of the State of South Carolina." A previous Opinion of the Attorney General addressed whether a retired judge could serve as a special referee without the loss of retirement pay. The opinion concluded that "since it does not involve service as associate judge, circuit court judge or family court judge, or practice before a judge or jury," service as a special referee is not prohibited by Section 9-8-10. (Ops. Atty. Gen. February 3, 1981). Since Sections 9-8-120 (4) and 9-8-10 do not specifically mention federal judicial positions, it appears that service in such a position is not prohibited by the laws governing the Judicial Retirement System. It therefore appears that a retired judge may draw retirement pay while serving in a federal judicial position. However, this letter is an informal opinion. It has been written by the designated Senior Assistant Attorney General and represents the opinion of the undersigned attorney as to the specific question

REMBERT

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POST OFFICE Box l 1549

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COLUMBIA,

s.c. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

asked. It has not been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. Sincerely yours,

Kenneth P. Woodington
Senior Assistant Attorney General

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