23A-21-4.(Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.
If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
Source: SL 1978, ch 178, ยง275.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge
Section 23A-21-1 - Disqualification as in civil actions.
Section 23A-21-2 - Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
Section 23A-21-3 - (Rule 25(a)) Replacement of judge disabled during jury trial.