A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general election an
amendment to Article V, section 7 of the Constitution of the State of South Dakota, providing
for the merit selection of circuit court judges.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
Section
1.
That at the next general election held in the state, the following amendment to Article
V, section 7 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint
Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section
2.
That Article V, section 7 of the Constitution, of the State of South Dakota, be
amended to read as follows:
§
7.
Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit
each represents for an eight-year term.
A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge,
shall be filled by appointment of the Governor from one of two or more persons nominated by the
judicial qualifications commission. The appointment to fill a vacancy of a
circuit court judge shall
be for the balance of the unexpired term; and the appointment to fill a vacancy of a
Supreme Court
justice
or a circuit court judge
shall be subject to approval or rejection as hereinafter set forth.
Retention of each Supreme Court justice
or circuit court judge
shall, in the manner provided
by law, be subject to approval or rejection on a nonpolitical ballot at the first general election
following the expiration of three years from the date of
his
appointment. Thereafter, each Supreme
Court justice
and circuit court judge
shall be subject to approval or rejection in like manner every
eighth year. All incumbent Supreme Court justices
and circuit court judges
at the time of the
effective date of this amendment shall be subject to a retention election in the general election in
the year in which their respective existing terms expire.
Each Supreme Court justice shall be subject
to a statewide retention election and each circuit court judge shall be subject to a retention election
by the electorate of the circuit the judge represents.