SC Judge says Murdaugh attorneys can't use 401k for appeal. Ruling soon on boat crash.

If disgraced former attorney Richard "Alex" Murdaugh is to proceed with plans to appeal his recent murder convictions and double life sentences, he must find an alternate way to pay for his legal defense ― or rely on a public defender.

South Carolina circuit court Judge Daniel Hall filed an order Friday denying a motion request by Murdaugh's legal defense team to use any more of Murdaugh's own money to pay for his criminal appeal.

Murdaugh, who was convicted March 2 in the June 2021 murders of his wife, Maggie, and younger son, Paul, and sentenced to consecutive life sentences, filed a notice of appeal of that conviction on March 9.

Attorneys: Murdaugh has a constitutional right to choose his lawyers

On March 21, Murdaugh's legal team, led by Richard Harpootlian and Jim Griffin, filed a motion "for payment of attorney's fees and costs from untainted funds" from a receivership that has been established when the courts seized Murdaugh's assets in light of his 100-plus criminal charges and the dozen lawsuits filed against him.

Harpootlian and Griffin claimed that Murdaugh's murder trial lasted longer than expected ― six weeks ― and had exhausted the fees Murdaugh had already paid, an amount they say is "grossly insufficient," adding they need more money to adequately mount his appeal case.

Murdaugh's attorneys also argue that their client has a "fundamental constitutional right" to an attorney of his choosing, and if he is unable to pay for an adequate defense, "the burden of representing Murdaugh will shift to the already overworked appellate public defenders."

Judge's order means Murdaugh's money goes to victims, not lawyers

However, those receivership funds are earmarked for Murdaugh's alleged victims.

Murdaugh's assets were seized and placed under control of two court-appointed receivers at the request of attorneys handling a wrongful death suit against Murdaugh in relation to the 2019 Beaufort County boat crash involving Murdaugh's son, Paul, that left 19-year-old Mallory Beach dead.

After the sale of several of Murdaugh's properties, including his home at Moselle, $2.786 million has been set aside for the victims of the boat crash case, and another $1.2 million has been raised for other alleged Murdaugh victims.

On May 2, the receivers, South Carolina attorneys Peter McCoy Jr. and John Lay Jr., filed a motion in opposition to Murdaugh's request, which Judge Hall took into consideration when denying Murdaugh's motion for more money.

The receivers argued the court had already approved an October 2022 request to liquidate Murdaugh's 401(k) retirement account and use $600,000 of that to pay for his murder defense and his appeal.

The receivers further argued that, by Murdaugh's own agreement, the remainder of his retirement funds, $424,941.24, were to be deposited into the receivership for his alleged victims ― and he was not legally entitled to any more money.

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What's next for Alex Murdaugh?

A total of 12 civil suits ― 11 in state court, and one federal ― have been filed against Murdaugh after an alleged decade-long, multi-county financial and drug-related crime spree in which he allegedly stole more than $8.7 million from his clients and other attorneys.

Murdaugh has signed confessions of judgement in some of these cases, and to date only one civil case, the Mallory Beach wrongful death suit, is scheduled for trial: in Hampton County beginning Aug. 14.

Judge Hall is currently considering a motion for summary judgement by a co-defendant in that trial, Gregory M. Parker Inc., the owner of the Parkers convenience store which allegedly sold some of the alcohol involved in the boat case.

Parker is asking the court to dismiss him and his business from the case and let the claim stand against Murdaugh alone, arguing that his store employees did not violate the law and are not responsible because they were duped by Murdaugh's underage son using a valid ID. The Greenville News will have more on that story later this week, and Judge Hall is expected to rule on that motion by May 26.

Murdaugh is also facing 104 remaining criminal charges, but court dates have not been set for those cases.

Meanwhile, Murdaugh is serving his life sentences under protective custody in an undisclosed maximum security state prison.

Hampton County Guardian Editor Michael DeWitt, the Greenville News and USA TODAY Network will continue to follow the ongoing criminal and civil cases surrounding the Murdaugh crime saga. Follow DeWitt on Twitter at @mmdewittjr and support his local and national journalism with a digital subscription.

This article originally appeared on Greenville News: SC Judge says Murdaugh attorneys can't use 401k for appeal