South Dakota Codified Laws
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: ยง16-12A-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.

Structure South Dakota Codified Laws

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.

Section 16-12B-1.1 - Number of magistrate judges.

Section 16-12B-1.2 - Certification and information on nominees for magistrate judge--Approval by Supreme Court.

Section 16-12B-1.3 - Term of magistrate judges--Removal.

Section 16-12B-2 - Service as magistrate by retired justice or judge--Effect of acts--Expenses.

Section 16-12B-3 - Authority to solemnize marriages--Fees.

Section 16-12B-4 - Authority to administer oaths, etc..

Section 16-12B-5 - Jurisdiction to issue summonses, warrants.

Section 16-12B-6 - Right to counsel in magistrate court.

Section 16-12B-7 - Jurisdiction--Bonds and personal recognizance.

Section 16-12B-8 - Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.

Section 16-12B-9 - Jurisdiction--Forfeiture of appearance bonds.

Section 16-12B-10 - Jurisdiction--Committal.

Section 16-12B-11 - Jurisdiction--Trial of minor criminal cases.

Section 16-12B-12 - Jurisdiction--Small claim proceedings.

Section 16-12B-13 - Jurisdiction--Limitations.

Section 16-12B-14 - Jurisdiction--Mental illness cases.

Section 16-12B-14.1 - Jurisdiction--Adult probationary drug court program.

Section 16-12B-15 - Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.

Section 16-12B-16 - Right of appeal to circuit court.

Section 16-12B-17 - Practice of law by magistrates.

Section 16-12B-18 - Court practice prohibited to full-time magistrates.