State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

754T0595   SENATE BILL   NO.  76  

Introduced by:    Senators Olson (Russell), Brown, Frerichs, Johnston, Maher, Novstrup (Al), Peters, and Rhoden and Representatives Kirkeby, Abdallah, Boomgarden, Cronin, Deelstra, Dryden, Gibson, Kloucek, Munsterman, Nelson (Stace), Olson (Betty), Rausch, Sigdestad, Turbiville, and Willadsen
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the retirement of justices and judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 16-1-4.1 be amended to read as follows:
    16-1-4.1. A justice of the Supreme Court who reaches the age of seventy years before the expiration of the term of office to which the justice was appointed or elected may serve out that term. Such justice is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy following the expiration of the term of such justice. Such justice shall conclude all matters pending before him or her unless the Supreme Court makes other provisions for the disposition of such matters. However, such judge is thenceforward ineligible to be appointed or elected to another term as either justice of the Supreme Court or judge of the circuit court.
    Section 2. That § 16-6-31 be amended to read as follows:
    16-6-31. A judge of a circuit court who reaches the age of seventy years before the expiration of the term of office to which the judge was appointed or elected may serve out that term. Such judge is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy following the expiration of the term of such judge. Such judge shall conclude all matters pending before him or her unless the Supreme Court makes other provisions for the disposition of such matters. However, such judge is thenceforward ineligible to be appointed or elected to another term as either justice of the Supreme Court or judge of the circuit court.