South Dakota Supreme Court elections, 2026
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The term of one South Dakota Supreme Court justice will expire on January 4, 2027. The one seat is up for retention election on November 3, 2026.
Judges with expiring terms
- This is a list of the justices who must stand for retention election in 2026 in order to remain on the bench. Justices may choose not to stand for election. The list is subject to change if justices retire or are appointed.
Candidates and results
Note: The following list includes official candidates only. Ballotpedia defines official candidates as people who:
- Register with a federal or state campaign finance agency before the candidate filing deadline
- Appear on candidate lists released by government election agencies
District 1
There are no official candidates yet for this election.
General election
The general election will occur on November 3, 2026.
Voting information
- See also: Voting in South Dakota
Ballotpedia will publish the dates and deadlines related to this election as they are made available.
About the South Dakota Supreme Court
- See also: South Dakota Supreme Court
The South Dakota Supreme Court is the highest court in the state of South Dakota. The main job of the court is to listen to appeals from the decisions rendered by lower courts in the state. The court also has authority over some original matters, and it can be called on to advise the state's governor regarding executive powers. The court is composed of a chief justice and four associate justices appointed by the governor and selected from five different appointment districts.
Political composition
This is the political composition of the court heading into the 2026 election.
| ■ Mark Salter | Appointed by Gov. Dennis Daugaard (R) in 2018 | |
| ■ Janine M. Kern | Appointed by Gov. Dennis Daugaard (R) in 2014 | |
| ■ Patricia DeVaney | Appointed by Gov. Kristi Noem (R) in 2019 | |
| ■ Steven Jensen | Appointed by Gov. Dennis Daugaard (R) in 2017 | |
| ■ Scott P. Myren | Appointed by Gov. Kristi Noem (R) in 2020 |
Selection
The five justices of the South Dakota Supreme Court are appointed by the governor from a list of at least two names provided by the South Dakota Judicial Qualifications Commission.[1] The commission is made up of seven members: two circuit court judges, three lawyers, and two members of the public. The judges are elected by the judicial conference, the lawyers are chosen by the state bar association, and the members of the public are appointed by the governor.[2]
Newly appointed judges serve for at least three years, after which they must run in a yes-no retention election during a regularly scheduled general election. Subsequent terms last eight years.[3]
Chief justice
The chief justice of the court is chosen by peer vote and serves in that capacity for four years.[3]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a resident of South Dakota;
- a voting resident within his or her respective district;
- licensed to practice law in the state; and
- under the age of 70.*[3][4][5]
Vacancies
If a judge retires before the end of his or her term, a judicial nominating commission recommends candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least three years before running in a yes-no retention election.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also
External links
Footnotes
- ↑ South Dakota Secretary of State, "Judicial System," accessed April 15, 2025
- ↑ South Dakota Unified Judicial System, "Judicial Qualifications Commission," accessed April 15, 2025
- ↑ 3.0 3.1 3.2 3.3 American Judicature Society, "Methods of Judicial Selection: South Dakota," archived October 2, 2014
- ↑ Under the South Dakota code, a supreme court justice who turns seventy while in office must be "automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected."
- ↑ Justia US Law, "Section 16-1-4.1: Mandatory retirement of justices at age seventy—Conclusion of pending matters," accessed September 10, 2014
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of South Dakota • U.S. Bankruptcy Court: District of South Dakota
State courts:
South Dakota Supreme Court • South Dakota Circuit Courts • South Dakota Magistrate Courts
State resources:
Courts in South Dakota • South Dakota judicial elections • Judicial selection in South Dakota
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