reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-18.2 - Enforcement of chapter by Supreme Court.

16-13-18.2. Enforcement of chapter by Supreme Court.
The Supreme Court may by rule make provisions to see that this chapter is enforced properly in every county within the state.
Source:
SL 1973, ch 135, §9; SL 1978, ch 178, §574.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-18.3 - Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations.

16-13-18.3. Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations.
The presiding judge of each circuit shall administer and enforce the jury selection provisions of this chapter. Such judge may vary the terms of the random selection process to meet local conditions in any county or jury district in the circuit if such changes are consistent with the terms of this chapter. Such changes shall be reduced to writing, approved by the Supreme Court pursuant to §16-13-18.2 and filed with the clerk of the court in any county affected by the changes with the other materials required to be preserved by §16-13-31.1.
Source:
SL 1973, ch 135, §10; SL 1978, ch 178, §575; SL 1997, ch 119, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-18.4 - Creation of jury district for county with population of less than five thousand.

16-13-18.4. Creation of jury district for county with population of less than five thousand.
If any county within a circuit has a population of less than five thousand, the presiding circuit court judge may create a jury district by joining that county with one or more other counties within the circuit until the total population of the counties exceeds ten thousand. Each county within a jury district is entitled to pro rata representation upon the master jury list to be computed by the presiding judge upon the basis of the last official census.
Source:
SL 1997, ch 119, §1; SL 1998, ch 116, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-19 - Additional selections if master list inadequate.

16-13-19. Additional selections if master list inadequate.
If the master list proves to be inadequate to provide such panels as may be ordered, the court may order that additional names be placed on the master list. The additional selections shall substantially conform to the apportionment and manner of selection of the original list, as set forth in §16-13-9.2.
Source:
SL 1935, ch 85, §9; SDC 1939 & Supp 1960, §32.1008; SL 1982, ch 172, §14.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-20 - Summons of grand jury.

16-13-20. Summons of grand jury.
The grand jury shall be summoned in the same manner as provided for summoning petit juries.
Source:
SL 1867-8, ch 19, §5; PolC 1877, ch 19, §6; SL 1885, ch 62, §1; CL 1887, §445; SL 1891, ch 73, §1; RPolC 1903, §710; RC 1919, §5285; SDC 1939 & Supp 1960, §32.1009; SL 1978, ch 178, §572.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-21 - Circuit court order required for summons of grand jury.

16-13-21. Circuit court order required for summons of grand jury.
A grand jury shall not be drawn, summoned, or required to attend at the sitting of any circuit court unless the judge thereof shall so direct by written order under his hand filed with the clerk of courts.
Source:
SL 1895, ch 64, §7; SL 1899, ch 74; RPolC 1903, §710; RCCrimP 1903, §162; SL 1905, ch 92; RC 1919, §5285; SDC 1939 & Supp 1960, §32.1009; SL 1978, ch 178, §573; SL 1979, ch 159, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-22 - Circuit court order for selection of petit jury--Specifications of order.

16-13-22. Circuit court order for selection of petit jury--Specifications of order.
The presiding judge of each circuit, or a judge of the circuit court designated by the presiding judge, shall issue an order prior to October first of each year to the clerk of courts that a petit jury for the county or jury district be selected. The order shall specify the total number of jurors to be selected, the number of panels or sections of the panels into which the number of jurors are to be arranged, and the period of time of service during the year for each panel or section. The names shall be selected for each panel or section by lot as provided in §16-13-27.
Source:
SDC 1939 & Supp 1960, §32.1010; SL 1982, ch 172, §15; SL 1983, ch 163, §3; SL 1997, ch 119, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-23 - Time for selection of jury panels.

16-13-23. Time for selection of jury panels.
Within fifteen days from the receipt of the order provided in §16-13-22, but no later than the first day of November, the clerk of courts shall select the jury panels.
Any such officer who is not disqualified may act by deputy.
Source:
SL 1935, ch 85, §10; SL 1937, ch 91; SDC 1939 & Supp 1960, §32.1011; SL 1972, ch 125, §17; SL 1982, ch 172, §16; SL 1992, ch 153, §14; SL 2015, ch 118, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-27 - Electronic selection system used to fill jury panels.

16-13-27. Electronic selection system used to fill jury panels.
The clerk of courts shall use an electronic selection system to fill the jury panels with names from the master jury list. The clerk of courts shall sign the list to indicate that the selection was fairly performed to the best of the clerk's knowledge.
Source:
SL 1935, ch 85, §10; SL 1937, ch 91; SDC 1939 & Supp 1960, §32.1011; SL 1972, ch 125, §19; SL 1982, ch 172, §19; SL 1983, ch 163, §4; SL 1992, ch 153, §15; SL 2015, ch 118, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-28 - Disregard and replacement of jurors who have served.

16-13-28. Disregard and replacement of jurors who have served.
If any person whose name has been drawn has served as a juror in any state court of record in the county since the verification and drawing of the master jury list, such name shall be disregarded and another drawn in its place. A person has served as a juror if he has been summoned and appeared for a trial.
Source:
SL 1937, ch 91; SDC 1939 & Supp 1960, §32.1011; SL 1982, ch 172, §20; SL 1992, ch 153, §16.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-29 - First names drawn as grand jury.

16-13-29. First names drawn as grand jury.
If the calling of a grand jury has been directed the first names drawn to the required number, shall constitute the grand jury.
Source:
SL 1935, ch 85, §11; SDC 1939 & Supp 1960, §32.1011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-31 - Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.

16-13-31. Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.
No irregularity or omission upon the part of the state court administrator's office or of any officer, in the performance of any duty imposed by this chapter, serves to invalidate the panel of grand or petit jurors selected unless it shall be made to appear to the satisfaction of the court for which the panel was drawn that there was such misfeasance or malfeasance as would tend to deprive some litigant or person charged with crime of a substantial right, in which event the court may dismiss any or all members of the panel from the trial of such case or the consideration of such matter or for the term and may make such order respecting the drawing of additional names from the list or a new panel or a special venire as the court may deem proper.
Source:
SL 1935, ch 85, §12; SDC 1939 & Supp 1960, §32.1012; SL 1972, ch 125, §21; SL 2003, ch 118, §10; SL 2015, ch 118, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-31.1 - Preservation of jury selection records--Public inspection.

16-13-31.1. Preservation of jury selection records--Public inspection.
All records, lists, papers, tickets, and other materials used in all stages of the jury selection process shall be preserved in the custody of the clerk of courts for four years or for such longer period as may be required by the court and shall, upon court order, be available for inspection for the purpose of determining the validity of the selection of any jury.
Source:
SL 1972, ch 125, §20; SL 2009, ch 277 (Supreme Court Rule 08-07), eff. Nov. 1, 2008.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-32 - Neglect of officer's duty or malfeasance as contempt of court.

16-13-32. Neglect of officer's duty or malfeasance as contempt of court.
Neglect of any officer to perform any duty imposed by this chapter, or the corrupt malfeasance of any such duty shall be deemed a contempt of the circuit court, and may be punished as such in the discretion of the court.
Source:
SL 1935, ch 85, §13; SDC 1939 & Supp 1960, §32.1013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-33 - Improper listing of names drawn as misdemeanor.

16-13-33. Improper listing of names drawn as misdemeanor.
Every person authorized by law to assist at the drawing of any jurors to attend any court, who intentionally puts or consents to putting upon any list of jurors, as having been drawn, any name which shall not have been drawn for that purpose in the manner prescribed by law; or who omits to place on such list any name that shall have been drawn in the manner prescribed by law; or who signs or certifies any list of jurors as having been drawn which was not drawn according to law; or who is guilty of any other unfair, partial, or improper conduct in the drawing of any such list of jurors, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §133; CL 1887, §6333; RPenC 1903, §139; RC 1919, §3721; SDC 1939, §13.1210; SL 1979, ch 150, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-34 - Notice to jurors drawn for circuit court panel--Return of acceptance of service.

16-13-34. Notice to jurors drawn for circuit court panel--Return of acceptance of service.
Unless processed electronically, after the panel or panels of jurors have been drawn, the clerk of courts shall mail to each juror, at least sixty days prior to the time the juror is to serve, a notice that such person has been drawn as a juror.
The notice shall state the time and place the juror shall serve and shall have attached thereto an acceptance of service to be signed by each juror. There shall also be enclosed with the notice a stamped envelope addressed to the clerk of courts for the return of the acceptance of service. Each juror shall sign the acceptance of service of the notice, answer any questionnaires enclosed with the acceptance, and mail it to the clerk of courts or respond electronically using the court's juror website within ten days after receipt.
Source:
SL 1911, ch 229; RC 1919, §5295; SDC 1939 & Supp 1960, §32.1015; SL 1982, ch 172, §21; SL 1983, ch 163, §5; SL 1992, ch 153, §17; SL 2003, ch 118, §11.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-35 - Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.

16-13-35. Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.
If any juror residing in the county shall fail, neglect, or refuse to sign the acceptance of service provided in §16-13-34 and to mail such acceptance to the clerk of courts within fifteen days after service of the notice on said juror, the notice shall be served on such juror by the sheriff. The amount of the sheriff's fees shall be endorsed on the notice with the return of the sheriff, and the amount of such fees shall be paid by such juror and shall be deducted by the clerk of courts from the compensation the juror would be entitled to receive for his attendance before the court.
Source:
SL 1911, ch 229, §1; RC 1919, §5295; SDC 1939 & Supp 1960, §32.1015; SL 1982, ch 172, §22.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-37 - Judges to prescribe manner in which jury panels utilized and how summoned.

16-13-37. Judges to prescribe manner in which jury panels utilized and how summoned.
The presiding judge of each circuit, or a judge of the circuit designated by him, shall prescribe the manner in which the jury panels are to be utilized for the trial of cases in the counties of the circuit and how they shall be summoned.
Source:
SL 1890, ch 78, §21; RProbC 1903, §14; RC 1919, §5303; SDC 1939 & Supp 1960, §32.1016; SL 1982, ch 172, §24.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-37.1 - Magistrate court utilization of jury panels.

16-13-37.1. Magistrate court utilization of jury panels.
The petit jury panels selected pursuant to §16-13-27 shall be utilized by the magistrate court as prescribed by the presiding judge of the circuit.
Source:
SL 1972, ch 124; SL 1982, ch 172, §25.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-39 - Magistrate court powers and procedure in summoning jury and witnesses.

16-13-39. Magistrate court powers and procedure in summoning jury and witnesses.
The magistrate court shall have the same power to compel the attendance of jurors and witnesses as has the circuit court and shall be governed by the same rules in impaneling a jury.
Source:
SL 1890, ch 78, §21; RProbC 1903, §14; RC 1919, §5303; SDC 1939 & Supp 1960, §32.1016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-41 - Duty of jurors to appear when summoned.

16-13-41. Duty of jurors to appear when summoned.
Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court.
Source:
SL 1867-8, ch 19, §10; PolC 1877, ch 19, §11; CL 1887, §445; RPolC 1903, §720; RC 1919, §5296; SDC 1939 & Supp 1960, §32.1017.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-41.1 - Discharge or suspension from employment for jury service as misdemeanor.

16-13-41.1. Discharge or suspension from employment for jury service as misdemeanor.
No person shall discharge any employee or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota. Any person violating this section is guilty of a Class 2 misdemeanor.
Source:
SL 1974, ch 324, §1; SL 1979, ch 150, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-41.2 - Retention of employment status during jury status--Pay.

16-13-41.2. Retention of employment status during jury status--Pay.
Any employee serving as provided in §16-13-41.1 shall retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. Such temporary leave of absence while performing jury duty may be with or without pay within the discretion of the employer.
Source:
SL 1974, ch 324, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-42 - Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted.

16-13-42. Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted.
If any person summoned as grand and petit juror does not appear before the court, or if for any cause the panel of grand or petit jurors is not complete, or if no jury is drawn as provided by §16-13-27, the court shall order the clerk of courts to summon without delay persons having the qualifications of jurors, whose names appear upon the master jury list, and if the jury list is exhausted then the clerk of courts shall request from the state court administrator's office additional names on the master list pursuant to §16-13-9.2. The trial court shall designate the persons authorized to assist the clerk of courts in contacting those summoned. The clerk and authorized assistants shall make and file with the court a memorandum of the manner in which attempts to contact additional jurors were made, responses or lack thereof, and the name of each additional juror contacted. Each person so summoned shall forthwith appear before the court, and, if competent, shall serve on the grand or petit jury as the case may be unless excused or lawfully challenged.
Source:
SL 1867-8, ch 19, §11; PolC 1877, ch 19, §12; CL 1887, §445B; RPolC 1903, §721; RC 1919, §5297; SL 1935, ch 84; SDC 1939 & Supp 1960, §32.1018; SL 1972, ch 125, §22; SL 1978, ch 178, §576; SL 1982, ch 172, §28; SL 1984, ch 151, §1; SL 2003, ch 118, §12.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-43 - Summons of additional jurors when panel exhausted by challenges.

16-13-43. Summons of additional jurors when panel exhausted by challenges.
Whenever the panel of petit jurors shall be exhausted by the challenges of either party in any action, the judge of the court shall order the sheriff, deputy sheriff, or coroner to summon, without delay, a sufficient number of persons possessing the qualifications of jurors to complete the number requisite for a jury in that particular case.
Source:
SL 1867-8, ch 19, §12; PolC 1877, ch 19, §13; CL 1887, §445C; RPolC 1903, §722; RC 1919, §5298; SDC 1939 & Supp 1960, §32.1019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-44 - Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor.

16-13-44. Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor.
No person shall make application to any sheriff or deputy sheriff in this state to summon either himself or any other designated person to serve as a juror in any court. Any sheriff or deputy sheriff to whom an application is made to summon a designated person to serve as a juror shall forthwith report the name of the person making the application and the name of the person designated to the presiding judge of the circuit court of the circuit in which such application is made, for entry in the minutes of the court. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1903, ch 170, §§1 to 3; RC 1919, §§3723 to 3725; SDC 1939, §13.1209; SL 1979, ch 150, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-45 - Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty.

16-13-45. Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty.
If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined by the court in any sum not less than fifty nor more than five hundred dollars. If any person, when a second order of attachment is issued, neglects or refuses to appear, such person may be fined as above provided and imprisoned by the court not longer than ten days in the county jail.
Source:
SL 1867-8, ch 19, §15; PolC 1877, ch 19, §15; CL 1887, §445E; RPolC 1903, §723; RC 1919, §5299; SDC 1939 & Supp 1960, §32.1020; SL 2013, ch 100, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-46 - Jurors' per diem and mileage--Appearance fee--Certification and payment.

16-13-46. Jurors' per diem and mileage--Appearance fee--Certification and payment.
Each juror for each day's attendance upon the circuit court or the magistrate court shall receive fifty dollars, and mileage at such rate as may be established pursuant to §3-9-1 for each mile actually and necessarily traveled, to be paid by the county. However, any juror called but not impaneled shall receive an appearance fee of ten dollars and, in addition, mileage at such rate as may be established pursuant to §3-9-1 for each mile actually and necessarily traveled. Such juror's fees, except as provided in §16-13-47, shall be paid by the county treasurer upon the presentation of warrants. The warrants shall be issued by the county auditor forthwith upon filing of each juror's certificate of attendance. Each certificate shall bear the endorsement or certificate of the clerk of the court in which such fees accrued to the effect that the certificate is accurate as to the time expended and the amount of fees claimed.
Source:
SDC 1939, §32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, §1; SL 1975, ch 162, §12; SL 1984, ch 152, §1; SL 1991, ch 176, §1; SL 1999, ch 107, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-47 - Jurors' expenses and fees in cases on violation of municipal laws.

16-13-47. Jurors' expenses and fees in cases on violation of municipal laws.
Jurors' expenses and fees for cases involving violations of municipal charter, ordinance, or bylaw shall be paid by the city treasurer at the close of the trial upon warrants issued by the city auditor.
Source:
SL 1907, ch 191, §24; SL 1909, ch 176, §8; SL 1911, ch 196, §7; SL 1913, ch 278, §6; RC 1919, §5306; SL 1919, ch 181; SDC 1939, §32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, §2; SL 1975, ch 162, §13.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-47.1 - Weekly payment of jurors.

16-13-47.1. Weekly payment of jurors.
Any juror having compensation or mileage or both due and owing him may receive payment for it at the end of every week.
Source:
SL 1974, ch 157, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-49 - Permitting improper communication with jury as misdemeanor.

16-13-49. Permitting improper communication with jury as misdemeanor.
Every officer to whose charge any jury is committed by any court or magistrate, who negligently or intentionally permits them or any one of them:
(1)To receive any communication from any person;
(2)To make any communication to any person;
(3)To obtain or receive any book or paper; or
(4)To leave the jury room without the leave of such court or magistrate first obtained; is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §134; CL 1887, §6334; RPenC 1903, §140; RC 1919, §3722; SDC 1939, §13.1212; SL 1979, ch 150, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-1 - Conference established--Composition.

16-14-1. Conference established--Composition.
A conference for the improvement of the administration of justice is hereby established to be known as the Judicial Conference of the State of South Dakota composed of the justices of the Supreme Court, judges of the circuit court, and magistrate judges as members.
Source:
SL 1964, ch 109, §1; SL 1998, ch 118, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-2 - Study of state judicial system by conference.

16-14-2. Study of state judicial system by conference.
It shall be the duty of the Judicial Conference to study the organization, rules, methods, and practices of the judicial system of this state; the work accomplished and the results produced together with the problems of administration confronting the courts and the judicial system in general.
Source:
SL 1964, ch 109, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-3 - Study of rules of practice by conference--Recommendations for changes.

16-14-3. Study of rules of practice by conference--Recommendations for changes.
The Judicial Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure. Changes in and additions to these rules as the conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation and the elimination of unjustifiable expense and delay shall be recommended by the conference from time to time to the Supreme Court of South Dakota for its consideration and adoption, modification or rejection, in accordance with law.
Source:
SL 1964, ch 109, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-4 - Annual and special meetings of conference--Training on evidence-based practices.

16-14-4. Annual and special meetings of conference--Training on evidence-based practices.
The Chief Justice of the Supreme Court of South Dakota shall annually summon all the members of the Judicial Conference to attend a conference at such time and place in the state as the Chief Justice may designate and at which the Chief Justice, or such member as the Chief Justice may designate, shall preside. Special sessions of the conference may be called by the Chief Justice at the times and places as the Chief Justice may designate. All persons so summoned shall attend the annual and special meetings.
Each magistrate and circuit judge shall complete training on evidence-based practices, including the use of validated risk and needs assessments and behavioral health assessments in decision making, mental illness, eligibility criteria for mental health services, and availability of mental health services. The form and length of this training requirement shall be determined by the Chief Justice. As used in this section, the term, behavioral health assessment, means an evaluation to determine the extent of an individual's substance abuse or mental health service needs.
Source:
SL 1964, ch 109, §1; SL 2013, ch 101, §20, eff. Oct. 1, 2013; SL 2017, ch 109, §30.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-5 - Agenda for conference meetings--Reports by judges.

16-14-5. Agenda for conference meetings--Reports by judges.
The Chief Justice shall prepare the agenda for each annual or special meeting of the Judicial Conference. Any judge of a court of record shall, when so requested by the Chief Justice, prepare in writing a report on the condition of the business of such court and any problem or situation properly within the purview and ambit of the conference.
Source:
SL 1964, ch 109, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 14 - Judicial Conference › Section 16-14-7 - Sexual harassment prevention training for judges.

16-14-7. Sexual harassment prevention training for judges.
Every judge or retired judge acting pursuant to an appointment by the Chief Justice shall complete sexual harassment prevention training offered by the Unified Judicial System or approved by the Chief Justice within two years after the enactment of this rule or after beginning judicial service and at least once every three years thereafter. Completion of sexual harassment prevention training approved by the State Bar will meet the requirements of this rule. Failure to complete such required training may be grounds for disciplinary action.
Source: SL 2022, ch 258 (
Supreme Court Rule 22-05
), eff. Feb. 1, 2022.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-1 - Action or arrest in improper name as misdemeanor.

16-15-1. Action or arrest in improper name as misdemeanor.
Every person who maliciously institutes or prosecutes any action or legal proceeding, or makes or procures any arrest, in the name of a person who does not exist, or has not consented that it be instituted or made, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §220; CL 1887, §6420; RPenC 1903, §224; RC 1919, §3810; SDC 1939, §13.1205; SL 1979, ch 150, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-2 - Disorderly behavior in presence of court as misdemeanor.

16-15-2. Disorderly behavior in presence of court as misdemeanor.
Every person guilty of any contempt of court by disorderly, contemptuous, or insolent behavior, committed during the sitting of any court of justice, in immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 1; CL 1887, §6402, subdiv 1; RPenC 1903, §205, subdiv 1; RC 1919, §3793 (1); SDC 1939, §13.1235 (1); SL 1979, ch 150, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-3 - Disorderly behavior in presence of referee as misdemeanor.

16-15-3. Disorderly behavior in presence of referee as misdemeanor.
Every person guilty of any contempt of court by behavior of like character to that described in §16-15-2, committed in the presence of any referee or referees, while actually sitting for the trial of a cause, or upon any inquest or other proceeding authorized by law, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 2; CL 1887, §6402, subdiv 2; RPenC 1903, §205, subdiv 2; RC 1919, §3793 (2); SDC 1939, §13.1235 (2); SL 1979, ch 150, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-4 - Disturbance of court proceedings as misdemeanor.

16-15-4. Disturbance of court proceedings as misdemeanor.
Every person guilty of any contempt of court by any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of any court, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 3; CL 1887, §6402, subdiv 3; RPenC 1903, §205, subdiv 3; RC 1919, §3793 (3); SDC 1939, §13.1235 (3); SL 1979, ch 150, §8.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-5 - Refusal to testify as misdemeanor.

16-15-5. Refusal to testify as misdemeanor.
Every person guilty of any contempt of court by the contumacious and unlawful refusal to be sworn or affirmed as a witness; or, when so sworn or affirmed, like refusal to answer any material question, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 6; CL 1887, §6402, subdiv 6; RPenC 1903, §205, subdiv 6; RC 1919, §3793 (6); SDC 1939, §13.1235 (6); SL 1979, ch 150, §9.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-6 - Disobedience of judicial process as misdemeanor.

16-15-6. Disobedience of judicial process as misdemeanor.
Every person guilty of any contempt of court by intentional disobedience of any process or order lawfully issued by any court is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 4; CL 1887, §6402, subdiv 4; RPenC 1903, §205, subdiv 4; RC 1919, §3793 (4); SDC 1939, §13.1235 (4); SL 1979, ch 150, §10.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-7 - Resistance to judicial process as misdemeanor.

16-15-7. Resistance to judicial process as misdemeanor.
Every person guilty of any contempt of court by resistance intentionally offered to the lawful order or process of any court is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §202, subdiv 5; CL 1887, §6402, subdiv 5; RPenC 1903, §205, subdiv 5; RC 1919, §3793 (5); SDC 1939, §13.1235 (5); SL 1979, ch 150, §11.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-8 - False report of judicial proceedings as misdemeanor--Fair report not punishable.

16-15-8. False report of judicial proceedings as misdemeanor--Fair report not punishable.
Every person guilty of any contempt of court by the publication of a false or grossly inaccurate report of the proceedings of any court, is guilty of a Class 2 misdemeanor. But no person can be punished as for a contempt, in publishing a true, full, and fair report of any trial, argument, decision, or proceeding had in court.
Source:
PenC 1877, §202, subdiv 7; CL 1887, §6402, subdiv 7; RPenC 1903, §205, subdiv 7; RC 1919, §3793 (7); SDC 1939, §13.1235 (7); SL 1979, ch 150, §12.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 15 - Contempt And Offenses Against The Judiciary › Section 16-15-15 - Acceptance of gift from party to action as misdemeanor--Inheritance excepted.

16-15-15. Acceptance of gift from party to action as misdemeanor--Inheritance excepted.
Every judicial officer, juror, referee, arbitrator, or umpire, who accepts any gift from any person, knowing him to be a party in interest, or the attorney or counsel of any party in interest to any action or proceeding then pending or about to be brought before him, is guilty of a Class 2 misdemeanor. The word "gift" as used herein shall not be taken to include property received by inheritance, by will, or by gift in view of death.
Source:
PenC 1877, §§130, 131; CL 1887, §§6330, 6331; RPenC 1903, §§136, 137; RC 1919, §§3718, 3719; SDC 1939, §13.1204; SL 1979, ch 150, §13.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-1 - License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor.

16-16-1. License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor.
No person, except as provided in §16-18-2, may practice as an attorney and counselor at law in any court of record within this state, either by using or subscribing his or her own name or the name of any other person, without having previously obtained a license for that purpose from the Supreme Court of this state and having become an active member in good standing of the State Bar of South Dakota. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939 & Supp 1960, §§13.1255, 32.1101; SDCL, §16-18-30; SL 1979, ch 150, §14; SL 2001, ch 102, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-1.1 - Essential eligibility requirements for admission.

16-16-1.1 . Essential eligibility requirements for admission.
Applicants must be able to demonstrate the following essential eligibility requirements for the practice of law:
(1)The ability to be honest and candid with clients, lawyers, courts, the board, and others;
(2)The ability to reason, recall complex factual information, and integrate that information with complex legal theories;
(3)The ability to communicate with clients, lawyers, courts, and others with a high degree of organization and clarity;
(4)The ability to use good judgment on behalf of clients and in conducting one's professional business;
(5)The ability to conduct oneself with respect for and in accordance with the law;
(6)The ability to avoid acts that exhibit disregard for the rights or welfare of others;
(7)The ability to comply with the requirements of the Rules of Professional Conduct, applicable state, local, tribal, and federal laws, regulations, statutes, and any applicable order of a court or tribunal;
(8)The ability to act diligently and reliably in fulfilling one's obligations to clients, lawyers, courts, and others;
(9)The ability to use honesty and good judgment in financial dealings on behalf of oneself, clients, and others; and
(10)The ability to comply with deadlines and time constraints.
Source:
SL 2016, ch 244 (Supreme Court Rule 16-05), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2 - Qualifications of applicants to practice law.

16-16-2. Qualifications of applicants to practice law.
An applicant for admission to practice as an attorney or counselor at law in this state must be at least eighteen years of age, be a person of good moral character, and satisfy the requirements of the applicable rules.
Prior to admittance an applicant must be a resident of this state; or maintain an office in this state; or designate the clerk of the Supreme Court as his or her agent for the service of process for all purposes.
Source:
SDC 1939, §32.1104; Supreme Court Rule August 10, 1943; Supreme Court Rule 4, Order No. 1, 1957; SL 1972, ch 154, §5; Supreme Court Rule 82-8; SL 1996, ch 314.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.1 - Standard of good moral character.

16-16-2.1. Standard of good moral character.
Good moral character, required by §16-16-2, includes but is not limited to qualities of honesty, candor, trustworthiness, diligence, reliability, observance of fiduciary and financial responsibility, and respect for the rights of others and for the judicial process. Any fact reflecting a deficiency of good moral character may constitute a basis for denial of admission. In addition, the failure of an applicant to answer truthfully any question in the application or any question propounded by the Board of Bar Examiners, or the failure to supply any documentary material requested by the Board of Bar Examiners, will justify a finding that the applicant has not met the burden of proving good moral character.
Source:
SL 1990, ch 426 (Supreme Court Rule 89-8).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.2 - Good moral character--Quantum and burden of proof.

16-16-2.2. Good moral character--Quantum and burden of proof.
The applicant must prove by clear and convincing evidence that the applicant is of good moral character. Applicants admitted to practice as an attorney pursuant to §16-16-17.1 have the continuing burden of proof as to good moral character and compliance with the terms and conditions of the conditional admission until satisfactory completion of the terms and conditions of admission.
Source:
SL 1990, ch 427 (Supreme Court Rule 89-9); SL 1996, ch 315.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.3 - Good moral character--Relevant conduct.

16-16-2.3. Good moral character--Relevant conduct.
(1)The presence of any of the following may be cause for further inquiry:
(a)Unlawful conduct, including cases in which the record of arrest or conviction was expunged, with the exception of juvenile arrests and dispositions unless they pertain to a serious felony;
(b)Academic misconduct;
(c)Making of false statements, including omissions;
(d)Misconduct in employment;
(e)Acts involving dishonesty, disloyalty, fraud, deceit, or misrepresentation;
(f)Abuse of legal process, including the filing of vexatious lawsuits;
(g)Neglect of financial responsibilities;
(h)Neglect of professional obligations;
(i)Violation of an order of a court, including child support orders;
(j)Evidence of mental or emotional instability;
(k)Evidence of drug or alcohol dependency or abuse;
(l)Denial of admission to the bar in another jurisdiction on character and fitness grounds;
(m)Disciplinary action against an applicant in any jurisdiction;
(n)Practicing law while not being so licensed.
The foregoing list is representative, not exclusive.
Source:
SL 1990, ch 428 (Supreme Court Rule 89-10).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.4 - Use of information.

16-16-2.4. Use of information.
(1)In reviewing the relevant conduct identified in §16-16-2.3 the board shall consider:
(a)Applicant's age at the time of the conduct;
(b)Recency of conduct;
(c)Reliability of the information concerning the conduct;
(d)Seriousness of the conduct;
(e)Factors underlying the conduct;
(f)Cumulative effect of conduct or information;
(g)evidence of rehabilitation;
(h)Applicant's candor in the admission process; and
(i)Results of applicant's criminal background check.
Source:
SL 1990, ch 429 (Supreme Court Rule 89-11); SL 2003, ch 264 (Supreme Court Rule 03-5), eff. July 1, 2003.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.5 - Adverse recommendation.

16-16-2.5. Adverse recommendation.
If an application for admission is denied on moral character grounds, the board shall set forth in writing its findings upon which the adverse denial is based and shall promptly notify the applicant of the denial.
Source:
SL 1990, ch 430 (Supreme Court Rule 89-12).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-2.6 - Criminal background investigation required--Procedure--Results furnished to board.

16-16-2.6. Criminal background investigation required--Procedure--Results furnished to board.
Each applicant for admission to practice as an attorney or counselor at law in this state shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Board of Bar Examiners shall submit completed fingerprint cards to the Division of Criminal Investigation prior to admittance of an applicant. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. The results of the criminal history check shall be given to the Board of Bar Examiners to determine an applicant's qualification for admission pursuant to §§16-16-2 to 16-16-2.3, inclusive.
Source:
SL 2003, ch 119, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-3 - Composition and appointment of board of bar examiners--Terms of office.

16-16-3. Composition and appointment of board of bar examiners--Terms of office.
The Board of Bar Examiners shall consist of five members of the State Bar appointed by the Supreme Court. The court shall designate a chairman and the clerk of the Supreme Court or an officer of the court so designated shall be the ex officio secretary of the board. No member shall be affiliated with a law school or engaged directly or indirectly in the preparation of applicants to practice law. The terms shall be for no more than three years from January first following appointment, and vacancies shall be filled for the unexpired term. The length of terms shall be varied at the time of appointment to insure that no more than two terms expire at the same time.
Source:
Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, §32.1103; Supreme Court Rule 76-5; SL 1988, ch 430 (Supreme Court Rule 87-11).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-4 - Compensation and expenses of bar examiners and secretary.

16-16-4. Compensation and expenses of bar examiners and secretary.
Each member of the Board of Bar Examiners and the secretary shall be reimbursed for his traveling and other necessary expenses and shall receive such compensation as the Supreme Court shall approve.
Source:
Supreme Court Rule 11, Order No. 1, 1957; SDC Supp 1960, §32.1111; Supreme Court Rule 76-5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-5 - Duty of bar examiners--Rules and regulations.

16-16-5. Duty of bar examiners--Rules and regulations.
The Board of Bar Examiners shall be charged with the duty of administering the requirements for admission to practice law and shall have authority to adopt rules and regulations not inconsistent with this chapter which shall become effective upon approval by the Supreme Court.
Source:
Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, §32.1103.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-6 - Examination required of applicants to practice law--Educational requirements.

16-16-6. Examination required of applicants to practice law--Educational requirements.
All applicants for admission, except those applying pursuant to §16-16-7.6, 16-16-12.1, or §§16-16-12.3 and 16-16-12.4 shall be required to pass satisfactorily an examination conducted by the Board of Bar Examiners. An applicant for permission to take an examination, in addition to the general qualifications prescribed in §16-16-2, must furnish satisfactory evidence that he graduated from a law school accredited by the American Bar Association with a J.D. or LL.B. degree or that he will so graduate prior to the examination, or that he has successfully completed all of the requirements for graduation prior to the examination.
An applicant for admission who is a graduate of a foreign law school, not accredited by the American Bar Association, may apply for permission to take the South Dakota bar examination upon good cause shown if the graduate has passed the bar examination in another state and is a member in good standing of the bar of that state.
Source:
SL 1893, ch 21, §2; SL 1901, ch 60, §2; RPolC 1903, §686; SL 1903, ch 78; SL 1907, ch 72; RC 1919, §5254; Supreme Court Rule 6, 1939; SDC 1939, §§32.1104 (1), 32.1106; Supreme Court Rule 6, Order No. 1, 1957; Supreme Court Rule, Order No. 1, 1963; Supreme Court Order No. 1, 1969; Supreme Court Rule No. 2, 1972; Supreme Court Rule 75-7; Supreme Court Rule 82-24; Supreme Court Rule 86-1; SL 1987, ch. 405 (Supreme Court Rule 86-31); SL 2004, ch 322 (Supreme Court Rule 03-21), eff. Jan. 1, 2004; SL 2014, ch 263 (Supreme Court Rule 14-04), eff. July 1, 2014; SL 2015, ch 271 (Supreme Court Rule 15-09), eff. July 1, 2015.