CIRCUIT COURT - Unified Judicial System

CIRCUIT COURTCircuit courts are the state’s trialcourts of general jurisdiction. SouthDakota has seven circuits (Map 2 onpage 8), 38 circuit judges and 14 magistratejudges (See page 10). Circuitjudges are elected by the voters of thecircuit where they serve. The judgesmust be voting residents of their circuitat the time they take office. In theevent of a vacancy, the Governor appointsa replacement from a list ofnominees selected by the JudicialQualifications Commission.One judge in each circuit is appointedby the Chief Justice of the SupremeCourt to act as presiding circuit judge.These seven presiding judges have directsupervisory control over their circuit’sprocedures and personnel. Administrativeauthority of the presidingjudges includes:• Supervising the calendar for circuitcourt trials and hearings• Assigning circuit judges and arrangingschedules for sessions ofcircuit court• Appointing personnel within thecircuit and establishing their rate ofcompensation as authorized by theSupreme Court and administeredby the State Court Administrator.• Arranging for the proper drawing ofjury panels and for reporting ofcases• Periodically reviewing and evaluatingpersonnel performance in thecircuit• Monitoring circuit judge schedules• Authorizing the fine and bondschedule for use by magistrates andlaw enforcement officersCircuit courts share jurisdiction overminor court actions with magistratecourts, but the arraignment and trialof all felony cases are the exclusive jurisdictionof circuit courts. Civil jurisdictionof the circuit courts includescases involving disputes of propertytitles or boundaries; divorces or annulments;probate, guardianship orsettlement of estates; juvenile proceedings;and civil disputes in which damagesclaimed are in excess of $10,000.Appeals from magistrate court, a subdivisionof the circuit court, are heardby circuit court judges. Decisions insmall claims cases cannot be appealed.MAGISTRATE COURTMagistrate courts assist the circuitcourts in disposing of misdemeanorcriminal cases and minor civil actions.These courts of limited jurisdictionmake the judicial system more accessibleto the public by providing a meansof direct court contact for the averagecitizen. The jurisdiction of the magistratecourt varies depending onwhether a clerk (lay) magistrate or amagistrate judge presides.Most magistrates in South Dakota areclerk (lay) magistrates, which means

they are not attorneys. Clerk (lay)magistrate training is provided by theState Court Administrator’s Office.State law assigns extensive authorityto the lay magistrate. They are authorizedto:• Perform marriages• Set bond in criminal cases• Accept not guilty, nolo contendere,and guilty pleas and impose fines inminor criminal cases and violationsof municipal ordinances in accordancewith the Fine and BondSchedule• Conduct preliminary hearings incriminal cases unless the accuseddemands a hearing before a circuitor magistrate judge• Hear uncontested civil and smallclaims cases• Issue arrest warrants and searchwarrants• Function as a coroner when one isnot available, however, effectiveJuly 1, 2003 this function has beenremoved by statute• Appoint legal counsel for defendantswho are unable to pay for alawyer• Take depositions and administeroathsFull-time and part-time magistratejudges are appointed by the presidingjudges with the approval of the SupremeCourt. They must be licensed topractice law in South Dakota, and sohave broader judicial powers thanclerk (lay) magistrates. In addition tothe above, they may:• Conduct preliminary hearings inall criminal cases• Hear contested small claims cases,contested civil cases involving suitsfor money judgments and misdemeanorcriminal offenses• Hear cases and impose fines andsentences in any criminal action ormunicipal ordinance violationwhere the sentence does not requireimprisonment in the state penitentiary.Map 2. South Dakota Judicial Circuits and Counties45763DAVISON12

BENCH PERSONNEL BY JUDICIAL CIRCUIT as of January 2005FIRST JUDICIAL CIRCUIT, Judges:FIFTH JUDICIAL CIRCUIT, Judges:Rusch, Arthur L.; Presiding JudgeVon Wald, Jack R.; Presiding JudgeAnderson, Lee D. Flemmer, Jon S.Eng, Glen W. Lovrien, Larry H.Jensen, Steven R. Myren, Scott P.McMurchie, Boyd L.Miller, Ronald K.Magistrate Judges:Magistrate Judge:Anderson, Bruce * Portra, Tony L.Cody, Mary DellKiner, Patrick W. *SECOND JUDICIAL CIRCUIT, Judges: SIXTH JUDICIAL CIRCUIT, Judges:Severson, Glen A.; Presiding JudgeGors, Max A.; Presiding JudgeCaldwell, Kathleen K. Anderson, James W.Kean, Gene Paul Trandahl, Kathleen F.Lieberman, Peter H. Wilbur, Lori S.Neiles, JosephSrstka, William, Jr.Tiede, Stuart L.Zell, Brad G.Magistrate Judges:Magistrate Judge:Gregory, Peter I. Smith, Mark R.Riepel, Patricia C.Irvine, Julie L.Sage, Doyle L.THIRD JUDICIAL CIRCUIT, Judges: SEVENTH JUDICIAL CIRCUIT, Judges:Steele, Rodney J.; Presiding JudgeTrimble, Thomas L.; Presiding JudgeErickson, Jon R. Davis, Jeff W.Gienapp, David R. Delaney, John J.Roehr, Ronald K.Fuller, A. PeterTimm, Robert L. Kern, Janine M.Tucker, Tim D.Tice, Merton B., Jr.Magistrate Judges:Magistrate Judges:Pierce, Leeann * O’Connor, Michael J.Pahlke, Shawn J.Severns, William L.FOURTH JUDICIAL CIRCUIT, Judges:Johnson, Warren G.; Presiding JudgeBastian, John W.Eckrich, Jerome A.Johns, Timothy R.Magistrate Judges:Macy, Randall L.* Indicates Part-Time Magistrate10

Table 2. Unified Judicial SystemOrganization ChartJudicialQualificationsCommissionSouth Dakota Supreme CourtChief JusticeJusticesPersonal Staff:Secretary andLaw ClerkPresidingCircuitJudges *StateCourtAdministratorGeneral LegalCounselClerk ofSupremeCourtChief ofLegalResearchCircuitCourtAdministratorCircuitJudgesHumanResourcesBudget &FinanceCourtServices/TrialCourt ServicesInformation& TechnologyPublicInformation &EducationLawLibraryStaff Attorney/LawClerkCourtReportersMagistrateJudgesCourtServicesOfficersClerks ofCourt -MagistratesBoard ofBarExaminersStaffAttorneys* One presiding judge for each circuit.