16-13-31. Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.
No irregularity or omission upon the part of the state court administrator's office or of any officer, in the performance of any duty imposed by this chapter, serves to invalidate the panel of grand or petit jurors selected unless it shall be made to appear to the satisfaction of the court for which the panel was drawn that there was such misfeasance or malfeasance as would tend to deprive some litigant or person charged with crime of a substantial right, in which event the court may dismiss any or all members of the panel from the trial of such case or the consideration of such matter or for the term and may make such order respecting the drawing of additional names from the list or a new panel or a special venire as the court may deem proper.
Source: SL 1935, ch 85, §12; SDC 1939 & Supp 1960, §32.1012; SL 1972, ch 125, §21; SL 2003, ch 118, §10; SL 2015, ch 118, §3.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 13 - Jury Lists And Panels
Section 16-13-2 - Minimum number of names placed on master jury list.
Section 16-13-9.1 - Master jury list defined.
Section 16-13-10 - Qualifications of jurors.
Section 16-13-10.1 - Policy of state regarding jury selection and service.
Section 16-13-10.2 - Discrimination prohibited.
Section 16-13-10.3 - Certain elderly persons may be excused upon request.
Section 16-13-10.4 - Breastfeeding mothers and new parents exempt from jury duty.
Section 16-13-18.1 - Random selection process defined.
Section 16-13-18.2 - Enforcement of chapter by Supreme Court.
Section 16-13-19 - Additional selections if master list inadequate.
Section 16-13-20 - Summons of grand jury.
Section 16-13-21 - Circuit court order required for summons of grand jury.
Section 16-13-22 - Circuit court order for selection of petit jury--Specifications of order.
Section 16-13-23 - Time for selection of jury panels.
Section 16-13-27 - Electronic selection system used to fill jury panels.
Section 16-13-28 - Disregard and replacement of jurors who have served.
Section 16-13-29 - First names drawn as grand jury.
Section 16-13-31.1 - Preservation of jury selection records--Public inspection.
Section 16-13-32 - Neglect of officer's duty or malfeasance as contempt of court.
Section 16-13-33 - Improper listing of names drawn as misdemeanor.
Section 16-13-34 - Notice to jurors drawn for circuit court panel--Return of acceptance of service.
Section 16-13-37 - Judges to prescribe manner in which jury panels utilized and how summoned.
Section 16-13-37.1 - Magistrate court utilization of jury panels.
Section 16-13-39 - Magistrate court powers and procedure in summoning jury and witnesses.
Section 16-13-41 - Duty of jurors to appear when summoned.
Section 16-13-41.1 - Discharge or suspension from employment for jury service as misdemeanor.
Section 16-13-41.2 - Retention of employment status during jury status--Pay.
Section 16-13-43 - Summons of additional jurors when panel exhausted by challenges.
Section 16-13-46 - Jurors' per diem and mileage--Appearance fee--Certification and payment.
Section 16-13-47 - Jurors' expenses and fees in cases on violation of municipal laws.
Section 16-13-47.1 - Weekly payment of jurors.
Section 16-13-49 - Permitting improper communication with jury as misdemeanor.