NCJ Number
54949
Date Published
1976
Length
62 pages
Annotation
THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN SOUTH DAKOTA.
Abstract
THE SOUTH DAKOTA JUDICIARY IS COMPOSED OF A SUPREME COURT AND CIRCUIT COURTS WITH A DIVISION KNOWN AS MAGISTRATE COURTS. JURISDICTIONAL DIVISIONS ARE UNIFORM (APPELLATE AND GENERAL). SPECIALIZED DIVISION MAGISTRATE COURTS WITHIN GENERAL JURISDICTION CIRCUIT COURTS, HOWEVER, DIFFERENTIATE JURISDICTION BETWEEN LAY AND LAWYER MAGISTRATES. ADMINISTRATIVE AUTHORITY OVER THE ENTIRE JUDICIAL SYSTEM IS EXERCISED BY THE CHIEF JUSTICE OF THE SUPREME COURT. COURTS OF GENERAL JURISDICTION ARE CALLED TRIAL COURTS. CIRCUIT COURTS HAVE EXCLUSIVE ORIGINAL CRIMINAL JURISDICTION IN ALL FELONIES AND ORIGINAL CRIMINAL JURISDICTION IN ALL MISDEMEANORS. LAY MAGISTRATES CONDUCT PRELIMINARY HEARINGS, ACCEPT PLEAS OF GUILTY IN MISDEMEANOR CASES, AND TRY ANY VIOLATION OF AN ORDINANCE OR POLICE REGULATION WHERE PUNISHMENT IS A FINE UP TO $100 OR IMPRISONMENT UP TO 30 DAYS, OR BOTH. LAWYER MAGISTRATES HAVE CONCURRENT JURISDICTION WITH LAY MAGISTRATES BUT HAVE MORE EXTENSIVE AUTHORITY. JURY TRIALS ARE AVAILABLE, AND LAWYER MAGISTRATE COURTS ARE A COURT OF RECORD. APPEALS ARE HEARD IN CIRCUIT COURTS. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN DEVELOPED: THE QUALIFICATIONS, SELECTION, AND TERMS OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; AND CONTINUING EDUCATION. THERE ARE NO PARAJUDICIAL OFFICERS IN THE STATE. A JUDICIAL CONFERENCE REPRESENTING JUSTICES AND JUDGES ACTS IN AN ADVISORY CAPACITY ON COURT POLICIES. THE STATE HAS A UNIFORM POSITION CLASSIFICATION SYSTEM FOR NONJUDICIAL PERSONNEL. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE COURT OF LAST RESORT, THE INTERMEDIATE APPELLATE COURT, THE TRIAL COURT OF GENERAL JURISDICTION, THE TRIAL COURT OF LIMITED JURISDICTION, JUDGES, PARAJUDICIAL OFFICERS, NONJUDICIAL PERSONNEL, JUDICIAL POLICYMAKING AND ADVISORY BODIES, COURT ADMINISTRATION, COURT FINANCING, COURT RECORDS AND STATISTICS, AND COURT REFORM. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEMS ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE SOUTH DAKOTA COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)