The Supreme Court of South Carolina
RE: Amendments to Rule 410 of the South Carolina Appellate Court Rules
ORDER
Under Rule 410(h)(1)(G) of the South Carolina Appellate Court Rules (SCACR), a member of the South Carolina Bar may elect to become a Retired Member based on age, illness or disability. If based on age, the member may elect to become a retired member no earlier than the start of the license year1 in which the member will turn sixty-five years of age. A Retired Member may not engage in the practice of law in South Carolina. Since at least 1977, no license fee has been charged to a Retired Member.
Rule 410(h)(1)(C), SCACR, provides for a membership class for Judicial Members. This class includes South Carolina judges who have retired under a state or local retirement system, have not engaged in the practice of law in South Carolina since retirement and have not made an election to practice law under S.C. Code Ann. § 9-8-120. While many of these retired judges are over sixty-five years of age, these retired judges pay the same license fees as active, non-retired South Carolina judges.
This disparity in treatment between Retired Members who are sixty-five years of age or older and Judicial Members who are retired judges who are sixty-five years of age or older is readily apparent. Further, because many of these retired judges make themselves available for continued judicial service, often without any additional compensation, this disparity in treatment is even more inequitable. Accordingly, we find it appropriate to amend Rule 410, SCACR, to eliminate any license fee for Judicial Members who are retired South Carolina judges and are at least sixty-five years of age.
Further, under Rule 410, SCACR, the Judicial Membership class also includes federal judges who are in senior status. By federal statute, a federal judge who is in senior status is at least sixty-five years of age. Based on comity, we find it appropriate to eliminate any license fee for federal judges serving in senior status.
Accordingly, pursuant to Article V, §4 of the South Carolina Constitution, Rule 410 of the South Carolina Appellate Court Rules (SCACR) is amended as follows:
(1) Rule 410(h)(1)(C), SCACR, is amended to read:
(C) Judicial Member. This class shall include any member who:
(i) Is a full-time judge for a South Carolina court (including a judge who continues to hold office while receiving benefits under S.C. Code Ann. § 9-8-60(7)).
(ii) Was a member under (i) above, but has retired as a judge under a state or local retirement system, and has not engaged in the practice of law since retirement or elected to practice law under S.C. Code Ann. § 9-8-120.
(iii) Is a judge of a federal court (including those in senior status).
For the purpose of this rule, the term judge shall include a judge, justice, master-in-equity or magistrate.
(2) Rule 410(j)(3), SCACR, is amended to read:(3) Judicial Member. The license fee shall be $190. If, however, the member is or will be age sixty-five or older during the license year, and is either a retired judge meeting the requirements of (h)(1)(C)(ii) above or a judge of a federal court in senior status, no license fee is required.
(3) Rule 410(k)(3), SCACR, is amended to read:
(3) Judicial Member. The additional license fee shall be $50. If, however, the member is or will be age sixty-five or older during the license year, and is either a retired judge meeting the requirements of (h)(1)(C)(ii) above or a judge of a federal court in senior status, no license fee is required.
These amendments shall be effective immediately. Further, if a Judicial Member has paid license fees for License Year 2016 but is now eligible to pay no fee under these amendments, the South Carolina Bar shall, upon the request of the member, refund the license fees paid for License Year 2016.
s/Donald W. Beatty J.s/John W. Kittredge J.
s/Kaye G. Hearn J.
s/John Cannon Few J.
Columbia, South Carolina
March 9, 2016
1 The license year is the calendar year.