South Dakota Third Judicial Circuit
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| Trial courts and judges |
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The South Dakota 3rd Judicial Circuit resides in South Dakota. Click on the links below to learn more about the court's...
Jurisdiction
This court holds the following jurisdiction:[1]
| “ | Circuit courts are the state’s trial courts of general jurisdiction through which the bulk of criminal proceedings and civil litigation are processed. South Dakota has seven judicial circuits (map on following page), 43 circuit judges and 15 full-time magistrate judges and 1 part-time magistrate judge. Circuit court judges are elected by the voters within the circuit where they serve. The judges must be voting residents of their circuit at the time they take office. In the event of a vacancy, the Governor appoints a replacement from a list of nominees selected by the Judicial Qualifications Commission.[2] | ” |
Selection method
- See also: Judicial selection in the states
The 39 judges of the South Dakota Circuit Courts are chosen by the people in nonpartisan elections. They serve for eight years and must seek re-election if they wish to serve additional terms.[3]
The chief judge of each circuit court is appointed by the chief justice of the state supreme court and serves in that capacity for as long as the chief justice sees fit.[3]
Qualifications
To serve on this court, a judge must be:[3]
- a U.S. citizen;
- a resident of South Dakota;
- a resident of his or her circuit;
- licensed to practice law in the state; and
- under 70 years of age.*
*Circuit courts operate by the same mandatory retirement rules that apply to the supreme court; sitting circuit judges who reach the age of 70 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."[4]
Judicial elections in South Dakota
- See also: South Dakota judicial elections
South Dakota is one of seven states that use nonpartisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.
Primary election
If more than two candidates are running for a circuit court seat, they compete in the primary election. The two candidates who receive the most votes advance to the general election.[5]
See also
External links
Footnotes
- ↑ South Dakota Judicial System, "CIRCUIT COURT," accessed May 19, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 American Judicature Society, "Methods of Judicial Selection: South Dakota," archived October 2, 2014
- ↑ Justia US Law, "Section 16-6-31: Mandatory retirement of judges at age seventy—Conclusion of pending matters," accessed September 10, 2014
- ↑ South Dakota Legislature, "Chapter 12-9, Section 8" 2013
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
