16-12C-9. Jurisdiction--Committal--Conditions.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate if voluntary and knowledgeable waiver of preliminary hearing has been given before the court. The magistrate court may conduct preliminary hearings as a committing magistrate unless demand is made by the defendant prior to such hearing to have the hearing conducted before a magistrate judge or a circuit judge to be assigned by the presiding judge.
Source: SL 2003, ch 117, ยง36.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 12C - Clerk Magistrates
Section 16-12C-1 - Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit.
Section 16-12C-2 - Educational qualifications of clerk magistrate.
Section 16-12C-2.1 - Certification of clerk magistrate-Notice of termination.
Section 16-12C-3 - Attendance at institute prerequisite to taking office--Exception.
Section 16-12C-5 - Authority to solemnize marriages--Fees.
Section 16-12C-6 - Authority to administer oaths, etc.
Section 16-12C-7 - Jurisdiction to issue summonses, warrants.
Section 16-12C-8 - Right to counsel in magistrate court.
Section 16-12C-9 - Jurisdiction--Committal--Conditions.
Section 16-12C-10 - Jurisdiction--Bonds and personal recognizance.
Section 16-12C-12 - Jurisdiction--Forfeiture of appearance bonds.
Section 16-12C-13 - Jurisdiction--Noncontested proceedings with limited damage amount.