reglab/housing_qa huggingface dataset:
SD Codified L § 33-10-61 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-61 - Courts-martial classified.

33-10-61. Courts-martial classified.The three kinds of courts-martial in the state military forces are:(1)General courts-martial, consisting of:(a)A military judge and not less than five members; or(b)Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves;(2)Special courts-martial, consisting of:(a)A military judge and not less than three members; or(b)Only a military judge, if one has been detailed to the court, and the accused requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves; and(3)Summary courts-martial, consisting of one commissioned officer. Source: SL 2012, ch 175, §42.
SD Codified L § 33-10-62 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-62 - Jurisdiction of courts-martial in general.

33-10-62. Jurisdiction of courts-martial in general.Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to this code. Source: SL 2012, ch 175, §43.
SD Codified L § 33-10-63 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-63 - Jurisdiction of general courts-martial.

33-10-63. Jurisdiction of general courts-martial.Subject to §33-10-62, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code. Source: SL 2012, ch 175, §44.
SD Codified L § 33-10-64 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-64 - Jurisdiction of special courts-martial.

33-10-64. Jurisdiction of special courts-martial.Subject to §33-10-62, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. Source: SL 2012, ch 175, §45.
SD Codified L § 33-10-65 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-65 - Jurisdiction of summary courts-martial.

33-10-65. Jurisdiction of summary courts-martial.Subject to §33-10-62, summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe. Source: SL 2012, ch 175, §46.
SD Codified L § 33-10-66 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-66 - Objection to trial by summary courts-martial.

33-10-66. Objection to trial by summary courts-martial.No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay. Source: SL 2012, ch 175, §47.
SD Codified L § 33-10-67 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-67 - Who may convene general courts-martial.

33-10-67. Who may convene general courts-martial.A general court-martial may be convened by the Governor or the adjutant general.If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority. Source: SL 2012, ch 175, §48.
SD Codified L § 33-10-68 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-68 - Who may convene special courts-martial.

33-10-68. Who may convene special courts-martial.A special courts-martial may be convened by:(1)Any person who may convene a general court-martial;(2)The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;(3)The commanding officer of a brigade, regiment, group, detached battalion, or corresponding unit of the Army;(4)The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or(5)The commanding officer or officer in charge of any other command when empowered by the adjutant general.If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority. Source: SL 2012, ch 175, §49.
SD Codified L § 33-10-69 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-69 - Who may convene summary courts-martial.

33-10-69. Who may convene summary courts-martial.A summary court-martial may be convened by:(1)Any person who may convene a general or special court-martial;(2)The commanding officer of a detached company or other detachment, or corresponding unit of the Army;(3)The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or(4)The commanding officer or officer in charge of any other command when empowered by the adjutant general.If only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. A summary court-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority. Source: SL 2012, ch 175, §50.
SD Codified L § 33-10-70 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-70 - Commissioned officer service on courts-martial.

33-10-70. Commissioned officer service on courts-martial.Any commissioned officer of the state military forces may serve on all courts-martial for the trial of any person subject to this code. Source: SL 2012, ch 175, §51.
SD Codified L § 33-10-71 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-71 - Warrant officer service on courts-martial.

33-10-71. Warrant officer service on courts-martial.Any warrant officer of the state military forces may serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer. Source: SL 2012, ch 175, §52.
SD Codified L § 33-10-72 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-72 - Enlisted member service on courts-martial.

33-10-72. Enlisted member service on courts-martial.Any enlisted member of the state military forces who is not a member of the same unit as the accused may serve on general and special courts-martial for the trial of any enlisted member subject to this code. However, that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge pursuant to §33-10-116 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained. In this section, unit, means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them. Source: SL 2012, ch 175, §53.
SD Codified L § 33-10-73 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-73 - Court-martial member to be senior to accused.

33-10-73. Court-martial member to be senior to accused.If it can be avoided, no person subject to this code may be tried by a court-martial where any member is junior to the accused in rank or grade. Source: SL 2012, ch 175, §54.
SD Codified L § 33-10-74 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-74 - Qualifications of court-martial member.

33-10-74. Qualifications of court-martial member.If convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial if that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case. Source: SL 2012, ch 175, §55.
SD Codified L § 33-10-75 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-75 - Excuse of court-martial member from participating.

33-10-75. Excuse of court-martial member from participating.Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this section to a judge advocate or to any other principal assistant. Source: SL 2012, ch 175, §56.
SD Codified L § 33-10-76 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-76 - Military judge detailed to general and special court-martial.

33-10-76. Military judge detailed to general and special court-martial.A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. Source: SL 2012, ch 175, §57.
SD Codified L § 33-10-77 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-77 - Qualifications of military judge.

33-10-77. Qualifications of military judge.A military judge shall be:(1)An active or retired commissioned officer of an organized state or federal military force;(2)A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years; and(3)Certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused. Source: SL 2012, ch 175, §58.
SD Codified L § 33-10-78 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-78 - Admission of military judge pro hac vice.

33-10-78. Admission of military judge pro hac vice.In the instance if a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth such qualifications provided in §33-10-77. Source: SL 2012, ch 175, §59.
SD Codified L § 33-10-79 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-79 - Designation of military judge--Performance report prohibited.

33-10-79. Designation of military judge--Performance report prohibited.The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge. Source: SL 2012, ch 175, §60.
SD Codified L § 33-10-80 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-80 - Military judge may not be accuser, witness, investigator, or counsel.

33-10-80. Military judge may not be accuser, witness, investigator, or counsel.No person may act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case. Source: SL 2012, ch 175, §61.
SD Codified L § 33-10-81 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-81 - Consultation with members of court.

33-10-81. Consultation with members of court.The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court. Source: SL 2012, ch 175, §62.
SD Codified L § 33-10-82 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-82 - Detail of trial counsel and defense counsel.

33-10-82. Detail of trial counsel and defense counsel.For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate. Source: SL 2012, ch 175, §63.
SD Codified L § 33-10-83 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-83 - Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.

33-10-83. Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.No person who has acted as investigating officer, military judge, witness or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution. Source: SL 2012, ch 175, §64.
SD Codified L § 33-10-84 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-84 - Qualifications of counsel.

33-10-84. Qualifications of counsel.Except as provided in §33-10-85, trial counsel or defense counsel detailed for a general or special court-martial shall be:(1)A judge advocate as defined in §33-10-20; and(2)In the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held. Source: SL 2012, ch 175, §65.
SD Codified L § 33-10-85 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-85 - Admission of defense counsel pro hac vice--Qualifications.

33-10-85. Admission of defense counsel pro hac vice--Qualifications.In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:(1)A commissioned officer of the armed forces of the United States or a component thereof;(2)A member in good standing of the bar of the highest court of a state;(3)Certified as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps; or(4)A judge advocate as defined in §33-10-20. Source: SL 2012, ch 175, §66.
SD Codified L § 33-10-86 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-86 - Detail or employment of court reporters and interpreters.

33-10-86. Detail or employment of court reporters and interpreters.Under such rules as may be promulgated by the secretary of the Department of the Military pursuant to chapter 1-26, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court. Source: SL 2012, ch 175, §67.
SD Codified L § 33-10-87 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-87 - Absent members of court-martial.

33-10-87. Absent members of court-martial.No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause. Source: SL 2012, ch 175, §68.
SD Codified L § 33-10-88 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-88 - Additional members of general court-martial.

33-10-88. Additional members of general court-martial.If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. Source: SL 2012, ch 175, §69.
SD Codified L § 33-10-89 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-89 - Additional members of special court-martial.

33-10-89. Additional members of special court-martial.If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides. Source: SL 2012, ch 175, §70.
SD Codified L § 33-10-90 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-90 - Court-martial composed of military judge only--Procedure when military judge unable to proceed.

33-10-90. Court-martial composed of military judge only--Procedure when military judge unable to proceed.If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subsections 33-10-61(1)(b) or (2)(b), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides. Source: SL 2012, ch 175, §71.
SD Codified L § 33-10-91 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-91 - Marshal--Duties.

33-10-91. Marshal--Duties.A military court sitting in any county shall be attended by the county sheriff, or some suitable person designated by the sheriff, who shall be the marshal of the court and perform the usual duties of such marshals. The marshal shall execute any process lawfully issued by the court and perform all acts and duties by this chapter imposed on and authorized to be performed by any sheriff, marshal, or constable. The officer ordering the court shall furnish a copy of the order to the sheriff of the county where the court is directed to meet. The order constitutes notice to the sheriff to appear or designate someone as marshal of the court. Source: SL 2012, ch 175, §72.
SD Codified L § 33-10-92 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-92 - Compensation of marshal.

33-10-92. Compensation of marshal.Every marshal appointed to a military court shall be allowed the same fees and mileage allowed sheriffs for their duties in criminal cases as provided in §7-12-18, the same to be paid on the certificate of the president of the court or presiding judge as to number of days employed and other duties performed. No marshal may receive any fees from the person served. Source: SL 2012, ch 175, §73.
SD Codified L § 33-10-93 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-93 - Malfeasance of sheriff or marshal.

33-10-93. Malfeasance of sheriff or marshal.Refusal or neglect by the sheriff or marshal to execute any warrant required in §33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so collected by any sheriff or marshal is theft and shall be prosecuted as such in any court of the state having jurisdiction in such cases. Source: SL 2012, ch 175, §74.