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South Dakota Supreme Court justice vacancy (October 2018)

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Zinter Vacancy
South Dakota Supreme Court
Vacancy date
October 30, 2018
Vacancy status
Seat filled
Nomination date
April 4, 2019
Table of contents
Selection process
Media coverage
About Justice Zinter
See also
Recent news
External links
Footnotes

Governor Kristi Noem (R) appointed Patricia DeVaney to the South Dakota Supreme Court on April 4, 2019. Noem selected DeVaney to succeed Justice Steven Zinter, who died on October 30, 2018.[1][2] DeVaney was Noem's first appointment to the five-member court.

Under South Dakota law, state supreme court justices are appointed by the governor from a list provided by the South Dakota Judicial Qualifications Commission. Newly appointed justices 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]

To read more about other state supreme court vacancies across the country that are filled by appointments, click here.

The appointee

See also: Patricia DeVaney

Noem appointed DeVaney on April 4, 2019. DeVaney graduated summa cum laude from the University of South Dakota in 1990. She earned her J.D. from the University of Virginia. DeVaney worked as an assistant attorney general in the Attorney General's Office from 1993 to 2012. Gov. Dennis Daugaard (R) appointed DeVaney to the Sixth Judicial Circuit of South Dakota in 2012.[1]

Makeup of the court

At the time of the vacancy, the makeup of the court was:

The selection process

Judicial selection

See also: Judicial selection in South Dakota and Assisted appointment

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. 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]

Nominating commission members

See also: South Dakota Judicial Qualifications Commission

The South Dakota Judicial Qualifications Commission is composed of seven members—two circuit court judges elected by judicial conference, three attorneys appointed by a majority of the state bar, and two citizens appointed by the governor. The attorneys must not all be from the same political party. Likewise, the governor cannot appoint individuals from the same political party.[4]

The commission responsible for making recommendations to the governor for this vacancy included:

  • Kimberley Mortenson - Chair (attorney)
  • Mark Roby - Vice chair (citizen)
  • Judge Bruce Anderson - Secretary
  • Timothy Engel (citizen)
  • Mark Haigh (attorney)
  • Judge Robin Jacobson Houwman
  • Rebecca Porter (attorney)

For more information on judicial nominating commissions in South Dakota, click here.


Media coverage

This section provides an overview of media coverage of the vacancy from within South Dakota and across the country.

Appointee candidates and nominations

  • Stan Allen, KELO, November 11, 2018
"The South Dakota Supreme Court has a full docket of cases to consider when it convenes in January shortly after the 94th State Legislative Session begins. Because of that short time span, there is some urgency to replace Justice Steven Zinter. ...
Daugaard says he will include Governor-Elect Kristi Noem in the process of selecting a replacement for Zinter if that becomes possible before he leaves office. Daugaard says the appointment of a Supreme Court Justice is thorough."[5]

About Justice Zinter

Zinter was an associate justice of the South Dakota Supreme Court, representing the Third District from 2002 to 2018. Governor Bill Janklow (R) appointed Zinter to the court in 2002. He was retained in 2006 and 2014.[6][7]

Before serving on the state supreme court, Zinter was a judge on the Sixth Circuit Court from 1987 to 2002. He served as presiding judge of this court from 1997 to 2002.[2][8]

See also

South Dakota Judicial Selection More Courts
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Courts in South Dakota
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External links

Footnotes