Judicial selection in South Dakota
| Judicial selection in South Dakota | |
 | |
| South Dakota Supreme Court | |
| Method: | Assisted appointment |
| Term: | 8 years |
| South Dakota Circuit Courts | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| South Dakota Magistrate Courts | |
| Method: | Court appointment |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in South Dakota, including:
As of April 2023, justices on the South Dakota Supreme Court were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Circuit Court judges were chosen by voters in nonpartisan elections, and magistrate judges were appointed by the presiding judges of the circuit courts.
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South Dakota Supreme Court
- See also: South Dakota Supreme Court
The five justices of the South Dakota Supreme Court are appointed by the governor from a list of at least two names provided by the South Dakota Judicial Qualifications Commission. The commission is made up of seven members: two circuit court judges, three lawyers, and two members of the public. The judges are elected by the judicial conference, the lawyers are chosen by the state bar association, and the members of the public are appointed by the governor.[1]
Newly appointed judges serve for at least three years, after which they must run in a yes-no retention election during a regularly scheduled general election. Subsequent terms last eight years.[2]
Chief justice
The chief justice of the court is chosen by peer vote and serves in that capacity for four years.[2]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a resident of South Dakota;
- a voting resident within his or her respective district;
- licensed to practice law in the state; and
- under the age of 70.*[2][3][4]
Vacancies
If a judge retires before the end of his or her term, a judicial nominating commission recommends candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least three years before running in a yes-no retention election.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also
External links
Footnotes
- ↑ South Dakota Unified Judicial System, "Judicial Qualifications Commission," accessed August 24, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 American Judicature Society, "Methods of Judicial Selection: South Dakota," archived October 2, 2014
- ↑ Under the South Dakota code, a supreme court justice who turns seventy while in office must be "automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected."
- ↑ Justia US Law, "Section 16-1-4.1: Mandatory retirement of justices at age seventy—Conclusion of pending matters," accessed September 10, 2014
- ↑ Circuit courts operate by the same mandatory retirement rules that apply to the supreme court; sitting circuit judges who reach the age of 70 must be "automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected."
- ↑ Justia US Law, "Section 16-6-31: Mandatory retirement of judges at age seventy—Conclusion of pending matters," accessed September 10, 2014
- ↑ South Dakota Judiciary, "A Guide to Your Courts," archived March 18, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection: South Dakota; Limited Jurisdiction Courts," archived October 3, 2014
- ↑ American Judicature Society, "History of Reform Efforts: South Dakota," archived October 3, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of South Dakota • U.S. Bankruptcy Court: District of South Dakota
State courts:
South Dakota Supreme Court • South Dakota Circuit Courts • South Dakota Magistrate Courts
State resources:
Courts in South Dakota • South Dakota judicial elections • Judicial selection in South Dakota
