The Overview
South Carolina judges could stay on the bench until 74 under House Bill 4300, which raises the state’s mandatory retirement age from 72. The bill also restates the service-credit rules for the Retirement System for Judges and Solicitors.
The change wades into a long-running national debate. Supporters of age limits say they protect courts from judges who may no longer be fit to serve, while critics say the limits force out experienced jurists who still have years of good work left.
What the Law Does
The law amends Section 9-8-50 and Section 9-8-60 of the South Carolina Code of Laws, which govern service credit and retirement allowances under the Retirement System for Judges and Solicitors.
The two-year extension of the mandatory retirement age applies to judges already on the bench as well as those appointed in the future. A judge who would have been required to step down at 72 now has until 74 to continue hearing cases, which could affect pending caseloads and judicial vacancies across the state's circuit and appellate courts.
The act took effect Aug. 14, 2026, per the act's own effective-date provision.
Legislative Status
The bill's sponsors include Rep. Bruce Bannister (R-SC-24), Rep. Jay Jordan (R-SC-63), Rep. Richie Yow (R-SC-53) and Rep. Cody Mitchell (R-SC-65), along with Rep. W. Newton and Rep. Luck.
The House passed the bill 113 to 0 on May 1, 2025. The Senate voted 36 to three on June 25, 2026, to advance the bill to its second reading. The House then concurred in the Senate's amendments on Aug. 11, 2026, 113 to 0.
Not a single House member voted against it in either chamber vote, and only three senators opposed it in the upper chamber.
The governor signed the bill on Aug. 13, and it became Act No. 258.
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