reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-12 - Original criminal jurisdiction of circuit court.

16-6-12. Original criminal jurisdiction of circuit court.
The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of political subdivisions.
Source:
CCrimP 1877, §17; CL 1887, §7041; RCCrimP 1903, §13; RC 1919, §4653; SDC 1939 & Supp 1960, §32.0906; SL 1968, ch 143, §10; SL 1973, ch 130, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-14 - Circuit court jurisdiction as to persons detained.

16-6-14. Circuit court jurisdiction as to persons detained.
The circuit court has jurisdiction to inquire into the cause of detention of all persons confined in the jail of the county or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law, and to exercise such other powers as are conferred by the Constitution and statutes of this state.
Source:
CCrimP 1877, §17; CL 1887, §7041; RCCrimP 1903, §13; RC 1919, §4653; SDC 1939 & Supp 1960, §32.0906; SL 1968, ch 143, §10.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-15 - Circuit court writs in exercise of powers.

16-6-15. Circuit court writs in exercise of powers.
The circuit court has the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and all other writs necessary to carry into effect its judgments, decrees, and orders, and to give to it a general control over inferior courts, officers, boards, tribunals, corporations, and persons.
Source:
CCivP 1877, §29; CL 1887, §4826; RCCivP 1903, §31; RC 1919, §2115; SDC 1939 & Supp 1960, §32.0903.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-16 - Court always open for business--Place of hearings and determinations.

16-6-16. Court always open for business--Place of hearings and determinations.
The circuit court is always open for the purposes of hearing and determining all actions, special proceedings, motions, and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state and of which it has jurisdiction, original or appellate, except issues of fact in civil and criminal actions, and all such actions, special proceedings, motions, and applications may be heard and determined at any place within the judicial circuit in which is situated the county wherein the same is brought or is pending, except as provided in §16-6-17.
Source:
SL 1887, ch 81, §1; CL 1887, §4828; RCCivP 1903, §33; RC 1919, §2117; SDC 1939 & Supp 1960, §33.0801.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-17 - Issues of fact tried in proper county--Order at chambers any place within state.

16-6-17. Issues of fact tried in proper county--Order at chambers any place within state.
Issues of fact in any civil or criminal action in the circuit court shall be tried in the county in which the action is brought, or to which the place of trial is changed by order of the court upon the consent of the parties to such action or their attorneys, or upon the grounds now or hereafter provided by law. Nothing in this section or §16-6-16 prevents the judge of any circuit court from making any order at chambers at any place within the state in any matter properly before the judge.
Source:
SL 1887, ch 81, §1; CL 1887, §4828; RCCivP 1903, §33; RC 1919, §2117; SDC 1939 & Supp 1960, §33.0801; SL 2007, ch 133, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-29 - Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office.

16-6-29. Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office.
A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purposes as though made by a judge regularly elected and qualified therein; and such judge so acting, so long as he is a circuit judge, may thereafter enforce, amend, or vacate any order, decree, or judgment made by him, but in case of his separation from office or upon his request, the judge regularly elected for such circuit shall have such power and authority.
Source:
SDC 1939 & Supp 1960, §33.1206; SL 1973, ch 130, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-31 - Mandatory retirement of judges at age seventy--Conclusion of pending matters.

16-6-31. Mandatory retirement of judges at age seventy--Conclusion of pending matters.
A judge of a circuit court is 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 immediately following the attainment of age seventy of such judge. Such judge shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters.
Source:
SL 1973, ch 133, §1; SDCL Supp, §16-8-5.1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-32 - Service by retired justices and judges--Effect of acts.

16-6-32. Service by retired justices and judges--Effect of acts.
Retired justices and judges, with their consent, may be authorized by the Chief Justice to preside in any action or proceeding, or over any term of court, in the circuit court and when so authorized and acting, the orders, judgments, and decrees of that court entered by him are as effectual for all purposes as though made by a regularly elected or appointed judge. The Supreme Court shall provide for the reimbursement of their expenses.
Source:
SL 1971, ch 153, §§1, 2; SDCL Supp, §§16-8-13, 16-8-14; SL 1974, ch 154, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-1.1 - "Magistrate" defined--License to practice law required.

16-12A-1.1."Magistrate" defined--License to practice law required.
As used in this chapter, the term, magistrate, means a clerk magistrate or a magistrate judge appointed under the authority of this chapter. Any magistrate judge appointed under the authority of this chapter shall be licensed to practice law in the State of South Dakota.
Source:
SL 2003, ch 117, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-2.2 - Magistrate court established within each circuit.

16-12A-2.2.Magistrate court established within each circuit.
Pursuant to the provisions of S. D. Const., Art. V, §4, there is hereby established within each judicial circuit a magistrate court.
Source:
SL 2003, ch 117, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-2.3 - Court with magistrate judge as court of record.

16-12A-2.3. Court with magistrate judge as court of record.
Any magistrate court with a magistrate judge presiding is a court of record. However, no magistrate court with a clerk magistrate presiding is a court of record.
Source:
SL 2003, ch 117, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-3.3 - Number of magistrates appointed.

16-12A-3.3. Number of magistrates appointed.
Subject to such rules as may be promulgated by the Supreme Court, the presiding circuit judge in each judicial circuit shall appoint a sufficient number of magistrates as may be necessary to provide adequate and qualified judicial personnel for each county and municipality in the circuit.
Source:
SL 2003, ch 117, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-4.2 - Appointment and tenure of magistrates--Terms of office.

16-12A-4.2. Appointment and tenure of magistrates--Terms of office.
Each magistrate shall be appointed by the presiding judge of the circuit court and serve at the pleasure of the presiding judge. However, the Supreme Court may, by rule, provide that magistrates may be appointed for a definite term.
Source:
SL 2003, ch 117, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-10.2 - Compensation of magistrates--Budgeting and appropriations.

16-12A-10.2. Compensation of magistrates--Budgeting and appropriations.
The compensation of a magistrate shall be fixed by law and for such purpose the Supreme Court in its annual consolidated budget for the Unified Judicial System shall make recommendations relating thereto. The state shall provide from funds appropriated therefor for the salaries and travel expenses of the magistrates of the circuit court.
Source:
SL 2003, ch 117, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-27.1 - Right of appeal to circuit court.

16-12A-27.1. Right of appeal to circuit court.
Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.
Source:
SL 2003, ch 117, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-29.1 - Counties to provide facilities for court.

16-12A-29.1. Counties to provide facilities for court.
Each county in the state shall provide suitable and adequate facilities for the magistrate court, including the facilities necessary to make the space provided functional for its intended use.
Source:
SL 2003, ch 117, §8.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-30.1 - Municipality to provide facilities for court.

16-12A-30.1. Municipality to provide facilities for court.
Any municipality in the state may, at its discretion, and in cooperation with the presiding judge of the circuit, provide suitable and adequate quarters for a magistrate court assigned principally to serve the municipality, including the facilities necessary to make the space provided functional for its intended use.
Source:
SL 2003, ch 117, §9.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12A - Magistrate Courts › Section 16-12A-31 - Filing fees.

16-12A-31. Filing fees.
Filing fees in magistrate court, unless otherwise provided by law, shall be the same as the fees chargeable by the clerk of courts for the filing of actions or proceedings in the circuit court, including the fees prescribed pursuant to §14-6-1 where applicable.
Source: Supreme Court Rule 75-3, §5; Supreme Court Rule 83-4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-1 - Temporary transfer of magistrate judge--Powers and duties.

16-12B-1. Temporary transfer of magistrate judge--Powers and duties.
If the business of a magistrate court with a magistrate judge presiding becomes congested or if a magistrate judge is, for any cause, unable to act, the Chief Justice of the Supreme Court may, by order, temporarily transfer to such magistrate court a magistrate judge from another circuit. The magistrate judge acting in a county other than one in his or her own circuit shall have all the powers and duties of a magistrate judge regularly appointed and qualified therein.
Source:
SL 2003, ch 117, §10.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-1.1 - Number of magistrate judges.

16-12B-1.1. Number of magistrate judges.
The number of magistrate judges in the judicial circuits established by §16-5-1.2 is fixed as follows:
(1)First Circuit: Two full-time magistrate judges;
(2)Second Circuit: Five full-time magistrate judges;
(3)Third Circuit: Two full-time magistrate judges;
(4)Fourth Circuit: Two full-time magistrate judges;
(5)Fifth Circuit: One full-time magistrate judge;
(6)Sixth Circuit: One full-time magistrate judge; and
(7)Seventh Circuit: Four full-time magistrate judges.
Source: §16-12A-3.1; SL 2004, ch 317 (Supreme Court Rule 03-16), eff. Jan. 1, 2004; SL 2013, ch 264 (Supreme Court Rule 13-03), eff. Feb. 14, 2013; SL 2015, ch 263 (Supreme Court Rule 15-01), eff. Jan. 16, 2015; SL 2016, ch 243 (Supreme Court Rule 16-04), eff. July 1, 2016; SL 2020, ch 245 (Supreme Court Rule 19-15), eff. May. 1, 2019; Supreme Court Rule 23-16, eff. June 15, 2023.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-1.2 - Certification and information on nominees for magistrate judge--Approval by Supreme Court.

16-12B-1.2. Certification and information on nominees for magistrate judge--Approval by Supreme Court.
The presiding judge of each circuit shall certify to the state court administrator the name of each law-trained person that he proposes to appoint in his circuit. Prior to the appointment of any magistrate judge the presiding judge shall present to the state court administrator a resume of the applicant's qualifications setting forth the proposed salary offered and clearly defining the geographical area he will serve and his anticipated work load. The state court administrator shall distribute this information to all members of the court.
The Supreme Court may approve or disapprove the appointment with or without hearing and notify the presiding judge of the court's decision.
Source:
§16-12A-7.2; SL 2004, ch 320 (Supreme Court Rule 03-19), eff. Jan. 1, 2004.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-1.3 - Term of magistrate judges--Removal.

16-12B-1.3. Term of magistrate judges--Removal.
Persons appointed as full-time magistrate judges shall be appointed for a term of four years from and after the date of the approval of the appointment by the Supreme Court subject to any conditions imposed by the Supreme Court. Full-time magistrate judges may be subject to removal upon recommendation of the Judicial Qualifications Commission and the action of the Supreme Court thereon. The Supreme Court may also, in its discretion, refer any matter to the Judicial Qualifications Commission to conduct an investigation and file a report with the court concerning the conduct of any full-time magistrate judge. Persons appointed as part-time magistrate judges shall be appointed by the presiding judge of the circuit court, subject to the approval of the Supreme Court, and shall serve at the pleasure of the presiding judge. Upon termination of any appointment the presiding judge shall forthwith notify the state court administrator thereof. Nothing in this section shall be construed to limit the Supreme Court's inherent authority to regulate magistrate judges.
Source:
§16-12A-4.1; SL 2004, ch 318 (Supreme Court Rule 03-17), eff. Jan. 1, 2004; SL 2011, ch 247 (Supreme Court Rule 11-04), eff. Mar. 2, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-2 - Service as magistrate by retired justice or judge--Effect of acts--Expenses.

16-12B-2. Service as magistrate by retired justice or judge--Effect of acts--Expenses.
Retired justices and judges, with their consent, may be authorized by the Chief Justice of the Supreme Court to preside in any action or proceeding, or over any term of court, in the magistrate court. If so authorized and acting, the orders, judgments, and decrees of that court entered by such retired justice or judge are as effectual for all purposes as though made by a regularly elected or appointed magistrate. The Supreme Court shall provide for the reimbursement of their expenses.
Source:
SL 2003, ch 117, §11.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-3 - Authority to solemnize marriages--Fees.

16-12B-3. Authority to solemnize marriages--Fees.
A magistrate judge appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a magistrate's performance of a marriage. The clerk of courts shall remit fees collected under this section to the state treasurer for deposit in the state general fund.
Source:
SL 2003, ch 117, §12.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-4 - Authority to administer oaths, etc..

16-12B-4. Authority to administer oaths, etc..
A magistrate judge appointed pursuant to this chapter may administer oaths, take acknowledgments, and depositions.
Source:
SL 2003, ch 117, §13.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-5 - Jurisdiction to issue summonses, warrants.

16-12B-5. Jurisdiction to issue summonses, warrants.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures.
Source:
SL 2003, ch 117, §14.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-6 - Right to counsel in magistrate court.

16-12B-6. Right to counsel in magistrate court.
No party may be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court.
Source:
SL 2003, ch 117, §15.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-7 - Jurisdiction--Bonds and personal recognizance.

16-12B-7. Jurisdiction--Bonds and personal recognizance.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense.
Source:
SL 2003, ch 117, §16.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-8 - Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.

16-12B-8. Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts:
(1)To accept defaults for petty offenses;
(2)To try contested cases involving a petty offense;
(3)To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or
(4)To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;
if the punishment is a fine not exceeding two thousand dollars or imprisonment for a period not exceeding one year, or both such fine and imprisonment and to impose sentence upon a plea of guilty or nolo contendere. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§23A-7-2 and 23A-7-8, as applicable. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under §32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.
Source:
SL 2003, ch 117, §17; SL 2007, ch 135, §1, eff. Mar. 2, 2007; SL 2009, ch 103, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-9 - Jurisdiction--Forfeiture of appearance bonds.

16-12B-9. Jurisdiction--Forfeiture of appearance bonds.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision.
Source:
SL 2003, ch 117, §18.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-10 - Jurisdiction--Committal.

16-12B-10. Jurisdiction--Committal.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate for all purposes.
Source:
SL 2003, ch 117, §19.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-11 - Jurisdiction--Trial of minor criminal cases.

16-12B-11. Jurisdiction--Trial of minor criminal cases.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of a political subdivision.
Source:
SL 2003, ch 117, §20.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-12 - Jurisdiction--Small claim proceedings.

16-12B-12. Jurisdiction--Small claim proceedings.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all small claim proceedings.
Source:
SL 2003, ch 117, §21.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-13 - Jurisdiction--Limitations.

16-12B-13. Jurisdiction--Limitations.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any civil action if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any action for a protective or restraining order or injunctive relief pursuant to chapter 22-19A, 25-10, or 21-65. If the action is for protection from domestic abuse, a magistrate judge may not issue an ex parte protection order pursuant to §25-10-6, or try any petition that calls for either the award of temporary custody or establishment of temporary visitation of a minor child of the parties, or try any petition that establishes temporary support for either a minor child of the parties or a spouse. Any magistrate court with a magistrate judge presiding has jurisdiction in any small claims proceeding if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars.
Source:
SL 2003, ch 117, §22; SL 2008, ch 105, §1; SL 2016, ch 112, §1; SL 2018, ch 126, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-14 - Jurisdiction--Mental illness cases.

16-12B-14. Jurisdiction--Mental illness cases.
A magistrate court with a magistrate judge presiding has jurisdiction, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction heretofore granted to county courts or district county courts or judges thereof in relation to the enforcement or administration of the provisions of Titles 27A and 27B.
Source:
SL 2003, ch 117, §23.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-14.1 - Jurisdiction--Adult probationary drug court program.

16-12B-14.1. Jurisdiction--Adult probationary drug court program.
Any magistrate court with a magistrate judge presiding has authority, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction to administer and preside over an adult probationary drug court program.
Source:
SL 2007, ch 134, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-15 - Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.

16-12B-15. Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.
Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate court with a magistrate judge presiding shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct. However, if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party in a civil matter shall pay the costs of reporting the proceedings. If no record is kept, the appeal, if appeal is authorized by law, shall be de novo in circuit court.
Source:
SL 2003, ch 117, §24.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-16 - Right of appeal to circuit court.

16-12B-16. Right of appeal to circuit court.
Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a magistrate judge presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.
Source:
SL 2003, ch 117, §25.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-17 - Practice of law by magistrates.

16-12B-17. Practice of law by magistrates.
Any attorney who is a part-time magistrate judge may practice law under such conditions as the circuit judges sitting en banc in the judicial circuit may provide, subject to Supreme Court rule.
Source:
SL 2003, ch 117, §26.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12B - Magistrate Judges › Section 16-12B-18 - Court practice prohibited to full-time magistrates.

16-12B-18. Court practice prohibited to full-time magistrates.
No magistrate judge appointed on a full-time basis may act as counsel or be associated with others as counsel in any court of this state. Each magistrate judge is bound by the Code of Judicial Conduct adopted by the Supreme Court.
Source:
SL 2003, ch 117, §27.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-1 - Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit.

16-12C-1. Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit.
Any duly appointed clerk or any deputy clerk who meets the qualifications of a clerk magistrate may be appointed as a clerk magistrate. Any clerk or deputy clerk who has been appointed a clerk magistrate may act as such in any circuit of this state if placed on temporary duty assignment in another circuit.
Source:
SL 2003, ch 117, §28.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-2 - Educational qualifications of clerk magistrate.

16-12C-2. Educational qualifications of clerk magistrate.
No person is eligible for appointment to the office of clerk magistrate unless such person is a graduate of a high school or has attained the equivalent of a high school education as indicated by the possession of a certificate of equivalency issued by the State Department of Education or the former Department of Public Instruction or the former Division of Elementary and Secondary Education based upon the record made on the general education development test.
Source:
SL 2003, ch 117, §29.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-2.1 - Certification of clerk magistrate-Notice of termination.

16-12C-2.1. Certification of clerk magistrate-Notice of termination.
The presiding judge of each circuit shall immediately following the appointment of a clerk magistrate certify to the state court administrator the name and address of each appointee and principal place or places that the appointee is to function. The state court administrator shall be promptly notified of the termination from office of a clerk magistrate.
Source:
§16-12A-7.1; SL 2004, ch 319 (Supreme Court Rule 03-18), eff. Jan. 1, 2004.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-3 - Attendance at institute prerequisite to taking office--Exception.

16-12C-3. Attendance at institute prerequisite to taking office--Exception.
No clerk magistrate may take office for the first time as a magistrate until such person has attended an institute on the duties and functioning of the magistrate's office to be held under the supervision of the Supreme Court, unless such attendance is waived by the Supreme Court.
Source:
SL 2003, ch 117, §30.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-4 - Establishment and schedule of clerk magistrate's institutes--Court may require attendance.

16-12C-4. Establishment and schedule of clerk magistrate's institutes--Court may require attendance.
The Supreme Court shall establish the institute and shall provide that the institute be held at least once every two years. It may establish an institute at such other times and for such other purposes as it deems necessary and may require the attendance of any clerk magistrate.
Source:
SL 2003, ch 117, §31.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-5 - Authority to solemnize marriages--Fees.

16-12C-5. Authority to solemnize marriages--Fees.
A clerk magistrate appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a clerk magistrate's performance of a marriage. The clerk of courts shall remit fees collected under this section to the state treasurer for deposit in the state general fund.
Source:
SL 2003, ch 117, §32.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-6 - Authority to administer oaths, etc.

16-12C-6. Authority to administer oaths, etc..
A clerk magistrate appointed pursuant to this chapter has authority to administer oaths, take acknowledgments, and depositions.
Source:
SL 2003, ch 117, §33.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-7 - Jurisdiction to issue summonses, warrants.

16-12C-7. Jurisdiction to issue summonses, warrants.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures, but not to issue warrants or summonses on indictment.
Source:
SL 2003, ch 117, §34; SL 2006, ch 113, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-8 - Right to counsel in magistrate court.

16-12C-8. Right to counsel in magistrate court.
No party may be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court.
Source:
SL 2003, ch 117, §35.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-9 - Jurisdiction--Committal--Conditions.

16-12C-9. Jurisdiction--Committal--Conditions.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate if voluntary and knowledgeable waiver of preliminary hearing has been given before the court. The magistrate court may conduct preliminary hearings as a committing magistrate unless demand is made by the defendant prior to such hearing to have the hearing conducted before a magistrate judge or a circuit judge to be assigned by the presiding judge.
Source:
SL 2003, ch 117, §36.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-10 - Jurisdiction--Bonds and personal recognizance.

16-12C-10. Jurisdiction--Bonds and personal recognizance.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense in accordance with the schedule adopted pursuant to subdivision 16-2-21(8).
Source:
SL 2003, ch 117, §37.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-11 - Jurisdiction--Petty offenses--Acceptance of pleas--Sentencing--Overweight vehicle penalties.

16-12C-11. Jurisdiction--Petty offenses--Acceptance of pleas--Sentencing--Overweight vehicle penalties.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts:
(1)To accept defaults for petty offenses;
(2)To try contested cases involving a petty offense;
(3)To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or
(4)To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;
if the punishment is a fine not exceeding five hundred dollars or imprisonment for a period not exceeding thirty days, or both such fine and imprisonment, and to impose sentence upon a plea of guilty or nolo contendere, which sentence shall be in accordance with §23-1A-22 or schedules adopted pursuant to subdivision 16-2-21(8). However, if the offense or violation is not covered by the schedules, the magistrate court may impose a sentence of a fine as authorized by statute, ordinance, bylaw, or police regulation or five hundred dollars, whichever is less. A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts for any penalty imposed pursuant to §32-22-55, notwithstanding the amount of the penalty, if the penalty is paid in full at the time of the acceptance of the plea. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§23A-7-2 and 23A-7-8, as applicable.
Source:
SL 2003, ch 117, §38; SL 2005, ch 120, §174; SL 2011, ch 109, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-12 - Jurisdiction--Forfeiture of appearance bonds.

16-12C-12. Jurisdiction--Forfeiture of appearance bonds.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision in accordance with schedules adopted pursuant to subdivision 16-2-21(8).
Source:
SL 2003, ch 117, §39.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-13 - Jurisdiction--Noncontested proceedings with limited damage amount.

16-12C-13. Jurisdiction--Noncontested proceedings with limited damage amount.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts, in noncontested civil actions or noncontested small claims proceedings where the amount of money or damage does not exceed twelve thousand dollars, to take the necessary evidence and to enter a judgment.
Source:
SL 2003, ch 117, §40; SL 2008, ch 105, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-14 - Record of proceedings before clerk magistrate--Stenographic record--Costs--Appeal.

16-12C-14. Record of proceedings before clerk magistrate--Stenographic record--Costs--Appeal.
Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a clerk magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct. However, if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party in a civil matter shall pay the costs of reporting the proceedings. If no record is kept, the appeal, if appeal is authorized by law, shall be de novo in circuit court.
Source:
SL 2003, ch 117, §41.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 12C - Clerk Magistrates › Section 16-12C-15 - Right of appeal to circuit court.

16-12C-15. Right of appeal to circuit court.
Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a clerk magistrate presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.
Source:
SL 2003, ch 117, §42.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-1 - Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list.

16-13-1. Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list.
There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply any deficiency in the number of jurors required. Such jury list shall be compiled each year and shall be used in the drawing of jurors to be summoned during the following calendar year.
Source:
SL 1935, ch 85, §2; SDC 1939 & Supp 1960, §32.1004; SL 1972, ch 125, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-2 - Minimum number of names placed on master jury list.

16-13-2. Minimum number of names placed on master jury list.
The minimum number of names to be placed on the master jury list for each county shall be designated by order of the presiding judge of the circuit court, or a judge of the circuit designated by him, to be made each year before September first.
Source:
SL 1935, ch 85, §2; SDC 1939 & Supp 1960, §32.1004; SL 1972, ch 125, §4; SL 1977, ch 180; SL 1979, ch 149, §6; SL 1982, ch 172, §1; SL 1983, ch 163, §1; SL 1992, ch 153, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-4.1 - Jury selection list to consist of voter registration list supplemented by driver license and identification card lists.

16-13-4.1. Jury selection list to consist of voter registration list supplemented by driver license and identification card lists.
For the purposes of this chapter, the jury selection list shall be prepared using electronic means by the state court administrator's office and shall consist of the current voter registration list obtained from the secretary of state, supplemented by the list of persons eighteen years of age and over holding a valid driver license or a state-issued nondriver identification card. The state court administrator's office shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list for preparing the master juror list in each county. The state court administrator's office may specify that the supplemental driver license and nondriver identification card lists be compiled from a list of those drivers within the county who have renewed, updated, or applied for a driver license in the last two years or from a list of persons in the county who have renewed, updated, or applied for a state-issued nondriver identification card in the last two years. The jury selection list may not be distributed, sold, or duplicated for any other purpose.
Source:
SL 1972, ch 125, §5 (2); SL 1991, ch 173; SL 1992, ch 153, §4; SL 1998, ch 117, §1; SL 2003, ch 118, §1; SL 2014, ch 105, §2; SL 2019, ch 98, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-9.1 - Master jury list defined.

16-13-9.1. Master jury list defined.
For the purposes of this chapter, the master juror list shall be that list of names randomly selected by the state court administrator's office from the jury selection list, from which the various grand and petit jury panels shall be drawn.
Source:
SL 1972, ch 125, §5 (3); SL 1973, ch 135, §2; SL 1982, ch 172, §5; SL 1992, ch 153, §6; SL 2003, ch 118, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-9.2 - Random selection of names placed on master jury list--Number of names--Electronic process authorized.

16-13-9.2. Random selection of names placed on master jury list--Number of names--Electronic process authorized.
The state court administrator's office shall choose, at random, a number not less than one nor more than the total number of jurors to be placed on the master jury list. Using that random number, the state court administrator's office shall select from the jury selection list for each county the name corresponding to that random number in sequence. This process shall continue until the number of names provided for pursuant to §16-13-2 is selected. The processes specified in this section may be performed electronically.
Source:
SL 1972, ch 125, §9; SL 1973, ch 135, §3; SL 1982, ch 172, §6; SL 1992, ch 153, §7; SL 2003, ch 118, §5; SL 2014, ch 105, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-10 - Qualifications of jurors.

16-13-10. Qualifications of jurors.
Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in §19-19-505, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
Source:
SDC 1939, §32.1001; SL 1947, ch 149; SL 1972, ch 125, §11; SL 1973, ch 135, §4; SL 1976, ch 150, §1; SL 1982, ch 172, §8A; SL 1991, ch 175; SL 1992, ch 153, §11; SL 1997, ch 119, §3; SL 1999, ch 106, §1; SL 2006, ch 114, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-10.1 - Policy of state regarding jury selection and service.

16-13-10.1. Policy of state regarding jury selection and service.
It is the policy of the State of South Dakota that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the municipality, district, or county where the court convenes. It is further the policy of the State of South Dakota that all citizens of this state, qualified for jury duty, shall have the opportunity to be considered for service on grand and petit juries in the courts of this state, and shall have an obligation to serve as jurors when summoned for that purpose.
Source:
SL 1972, ch 125, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-10.2 - Discrimination prohibited.

16-13-10.2. Discrimination prohibited.
No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion, sex, national origin, or economic status.
Source:
SL 1972, ch 125, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-10.3 - Certain elderly persons may be excused upon request.

16-13-10.3. Certain elderly persons may be excused upon request.
Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury.
Source:
SL 2009, ch 104, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-10.4 - Breastfeeding mothers and new parents exempt from jury duty.

16-13-10.4. Breastfeeding mothers and new parents exempt from jury duty.
The parent of a child expected to be born during, or immediately prior to, the scheduled jury duty or a mother breastfeeding a baby younger than one year may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons for jury duty. A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year.
Source:
SL 2012, ch 114, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-13 - Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized.

16-13-13. Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized.
Promptly upon completion of the master juror list, and in any event before October first in each year, the clerk of courts shall sign and file the list. The list shall be kept on file for four years. The clerk of courts shall then prepare separate tickets for each person named in the master juror list, unless a name is stricken pursuant to §16-13-15. This process may be performed electronically.
Source:
SL 1935, ch 85, §§5, 7; SDC 1939 & Supp 1960, §32.1006; SL 1972, ch 125, §12; SL 1982, ch 172, §9; SL 1983, ch 163, §2; SL 1992, ch 153, §12; SL 2003, ch 118, §8; SL 2014, ch 105, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-15 - Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification.

16-13-15. Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification.
The clerk of courts shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by §16-13-10 from the information available from records of the county or other readily available sources, or has served as a juror within two years. A person has served as a juror if that person has been summoned and appeared for a trial. If, at any time, it appears that any person listed does not have the qualifications to serve as a juror or has served as a juror within two preceding years, the clerk of courts shall strike the name from the list and draw another in its place if necessary. The clerk of courts shall adjust the number to be drawn to allow for the elimination of the names of those disqualified.
The clerk of courts shall record with the list of jurors the reasons for disqualification of any person stricken from the master jury list.
Source: SL 1935, ch 85, §8; SDC 1939 & Supp 1960, §32.1007; SL 1972, ch 125, §13; SL 1974, ch 156; SL 1982, ch 172, §10; SL 1992, ch 153, §13; SL 1996, ch 144, §1; SL 1997, ch 119, §4; SL 2003, ch 118, §9; SL 2014, ch 105, §5; SL 2022, ch 54, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 13 - Jury Lists And Panels › Section 16-13-18.1 - Random selection process defined.

16-13-18.1. Random selection process defined.
For the purposes of this chapter, the jury selection process determined by §16-13-9.2 shall be known as the "random selection process."
Source:
SL 1973, ch 135, §8.