21.92.11 96th Legislative Session 300
Introduced by: The Committee on Judiciary at the request of the Chief Justice
An Act to revise certain provisions regarding the Unified Judicial System.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 15-12-20 be AMENDED.
15-12-20. Definition of terms.
Terms, as used in §§ 15-12-20 to 15-12-37, inclusive, unless the context otherwise requires, mean:
(1) "Action," any action or special proceeding in the trial court, whether civil or criminal or quasi‑criminal;
(2) "Canon" or "Canons," the canons set forth in the South Dakota Code of Judicial Conduct appearing as an appendix to chapter 16-2;
(3) "Judge," a judge of the circuit court or a retired justice or judge acting pursuant to appointment by the Chief Justice;
(4) "Magistrate," both
magistrate judges and nonlaw‑trained magistrates as defined by
(5) "Party," any party within the meaning of the rules of civil or criminal procedure and the statutes of this state.
Section 2. That § 16-2-21 be AMENDED.
16-2-21. Presiding judges--Appointment--Administrative powers and duties--Court held in each county.
The presiding judge in each
judicial circuit, to be appointed by the Chief Justice, subject to
the rules of the Supreme Court, has administrative supervision and
authority over the operation of the circuit courts, the courts of
limited jurisdiction, and clerks and other court personnel in the
circuit. These powers and duties include
but are not limited to,
(1) Arranging schedules and assigning circuit judges for sessions of circuit courts;
(2) Arranging or supervising the calendaring of matters for trial or hearing;
(3) Appointing clerks, deputies
and other personnel within the circuit to make available their
services in every county in the circuit
subject to standards established by the Supreme Court, fixing their
compensation within the limits set by § 16-2-23
with approval of the Chief Justice, and
supervising the personnel in the discharge of their functions;
(4) Assigning matters and duties to clerks, and prescribing times and places at which clerks shall be available for the performance of their duties;
(5) Making arrangements with
proper authorities for the drawing of jury panels and determining
must be jury
(6) Arranging for the reporting of cases by court reporters or other authorized means;
(7) Arranging for the orderly
disposition of specialized matters, including
but not limited to
traffic, domestic relations, and proceedings under chapters 26-7A,
(8) Promulgating a schedule of offenses for which magistrates or other designated persons may accept written appearances, waivers of trial, and pleas of guilty, and establishing a schedule of fines and bails therefor;
(9) Assigning to other circuit judges in the circuit various powers and duties in this chapter provided;
(10) Periodically reviewing the performance and application by magistrates, clerks and deputy clerks of schedules they are to follow, and correcting, with or without the request of the person affected, erroneous application thereof.
The presiding judge shall arrange that a circuit judge is available to hold court in the county seat of each county in the circuit as necessary to distribute the work of the courts, alleviate congestion, and secure the prompt disposition of cases for each county.
Section 3. That § 26-9-3 be AMENDED.
26-9-3. Original jurisdiction of prosecutions.
the circuit court in all counties shall have original jurisdiction of
all prosecutions under this chapter.
Section 4. That § 23A-19-3 be AMENDED.
23A-19-3. Grounds for challenge to panel--Bias of officer summoning additional jurors.
A challenge to a panel
can be based
may only be
based on a
material departure from the procedure prescribed by law for the
drawing and return of the jury, or on the intentional omission of the
board of jury selectors or sheriff to summon one or more of the
jurors drawn. However, if the panel is composed of any persons who
were summoned to serve as jurors pursuant to § 16-13-42,
a challenge may be taken to the panel based upon the alleged bias of
the officer who summoned them if such bias would be sufficient
grounds for a challenge to an individual juror under
Such challenge must be determined in the same manner as if made to an
individual juror for bias.
Section 5. That § 60-11-24 be AMENDED.
60-11-24. Action removed by defendant--Plaintiff's costs and attorney fees.
In any action for wages brought
in small claims court which is removed to magistrate court or circuit
the court may, in addition to awarding judgment to the plaintiff,
allow costs of the action,
including reasonable attorney fees,
to be paid by the defendant.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.