16-1-1
Supreme Court districts.
16-1-2
Number of justices--Term of office--Retention elections.
16-1-2.1
Election of Chief Justice--Term of office--Removal.
16-1-2.2
Form of retention ballot.
16-1-3
Superseded.
16-1-3.1
Additional compensation of Chief Justice--Exclusion from retirement provisions.
16-1-4
Repealed.
16-1-4.1
Mandatory retirement of justices at age seventy--Conclusion of pending matters.
16-1-5
Retired justices and retired or active judges acting in place of disqualified justices.
16-1-6 to 16-1-8. Repealed.
16-1-9
Term of Supreme Court--Places.
16-1-10 to 16-1-13. Repealed.
16-1-14
Supreme Court library--Publications included--Control by justices.
16-1-15 to 16-1-17. Repealed.
16-1-1. Supreme Court districts.
The state is divided into five Supreme Court districts from each of which a justice shall be selected as follows:
First District. The counties of Custer, Pennington, Lawrence, and Meade constitute the first Supreme Court district.
Second District. The county of Minnehaha constitutes the second Supreme Court district.
Third District. The counties of Brookings, Kingsbury, Moody, Miner, Sanborn, Beadle, Jerauld, Hand, Hyde, Hughes, Sully, Stanley, Brule, Buffalo, Jones, Jackson, Lyman, Mellette, Todd, Tripp, Bennett, Oglala Lakota, Fall River, Lake, and Haakon constitute the third Supreme Court district.
Fourth District. The counties of Union, Clay, Yankton, Hutchinson, Hanson, Davison, Bon Homme, Douglas, Aurora, Charles Mix, Gregory, McCook, Turner and Lincoln constitute the fourth Supreme Court district.
Fifth District. The counties of Grant, Roberts, Day, Marshall, Clark, Brown, McPherson, Edmunds, Faulk, Potter, Walworth, Campbell, Corson, Dewey, Ziebach, Perkins, Butte, Codington, Spink, Deuel, Hamlin, and Harding constitute the fifth Supreme Court district.
Source: SD Const, art 5, § 11; SL 1909, ch 109, §§ 1 to 5; RC 1919, § 5127; SL 1927, ch 209; SL 1935, ch 87; SDC 1939 & Supp 1960, § 32.0101; SL 1974, ch 154, § 1; SL 1977, ch 174; SL 1982, ch 168; SL 1992, ch 151; SL 2001, ch 101, § 1; SL 2011 (SS), ch 2, § 1, eff. Jan. 23, 2012; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
16-1-2. Number of justices--Term of office--Retention elections.
The Supreme Court shall consist of five justices.
The term of office of the justices of the Supreme Court shall be eight years. At the next general election following the expiration of three years from the date of his appointment, and every eighth year thereafter, each Supreme Court justice shall be subject to approval or rejection by the electorate in a statewide retention election.
Supreme Court justices in office on November 4, 1980, who were elected from each of the fourth and fifth districts shall be subject to a first retention election in 1984; and Supreme Court justices in office on November 4, 1980, who were elected from the first, second, and third districts shall be subject to a first retention election in 1986.
Source: SD Const, art 5, §§ 5, 6, 8; SL 1909, ch 109, §§ 6, 7; RC 1919, §§ 5126, 5128; SDC 1939 & Supp 1960, § 32.0102; SL 1974, ch 154, § 2; SL 1981, ch 164, § 2; SL 1982, ch 169.
16-1-2.1. Election of Chief Justice--Term of office--Removal.
The Chief Justice of the Supreme Court shall be selected from among the justices of the Supreme Court by a majority vote of the justices for a term of four years without limitation in successive terms. The Chief Justice so selected may be removed by a four-fifths vote of the justices but such removal shall not thereby constitute his removal as a justice of the Supreme Court.
Source: SL 1973, ch 128, § 1.
16-1-2.2. Form of retention ballot.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the deadline for requests from Supreme Court justices for inclusion on a retention ballot and prescribing the format of the Supreme Court justices' retention ballot.
Source: SL 1981, ch 164, § 3; SL 1998, ch 78, § 4.
16-1-3.1. Additional compensation of Chief Justice--Exclusion from retirement provisions.
The Chief Justice of the Supreme Court shall receive additional compensation for administrative duties in the sum of two thousand dollars. The additional compensation provided for by this section shall not be credited to the highest average annual compensation for retirement benefits under § 3-12C-1107 or 3-12C-1607, or treated as compensation subject to contribution for retirement purposes under § 3-12C-401.
Source: SL 1977, ch 6, § 11; SL 2019, ch 22, §§ 1, 45.
16-1-4.1. Mandatory retirement of justices at age seventy--Conclusion of pending matters.
A justice of the Supreme Court 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 of such justice. Such justice shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters.
Source: SL 1973, ch 133, § 1; SDCL Supp, § 16-8-5.1.
16-1-5. Retired justices and retired or active judges acting in place of disqualified justices.
Retired justices and judges, with their consent, and active judges may be authorized by the Chief Justice to act in the place of disqualified justices, or in the event of vacancies or other necessities as determined by the Chief Justice. The court shall provide for the reimbursement of their expenses.
Source: SL 1971, ch 153, §§ 1, 2; SDCL Supp, §§ 16-8-13, 16-8-14; SL 1974, ch 154, § 4; SL 1977, ch 175.
16-1-9. Term of Supreme Court--Places.
The Supreme Court shall have but one term coincident with the calendar year and will be in session for consideration of cases on the calendar in the courtroom of the court at the capitol and in such other first and second class municipalities in the state as specified by order of the court.
Source: SD Const, art 5, § 4; SL 1890, ch 73, § 1; RPolC 1903, § 621; RC 1919, § 5132; SDC 1939 & Supp 1960, § 32.0104; Supreme Court Rule 75-2, § 3; SL 1992, ch 60, § 2.
16-1-14. Supreme Court library--Publications included--Control by justices.
The Supreme Court library shall consist of all constitutions, statutes, session laws, court reports, digests, textbooks, and other legal publications now owned by the state and under the control of the justices of the Supreme Court, or which may hereafter be acquired by purchase, exchange, or otherwise.
The Supreme Court library shall be under the exclusive control and supervision of the justices of the Supreme Court who are hereby authorized to make such rules and regulations regarding its use as they may deem proper.
Source: SL 1907, ch 183, §§ 1, 2; RC 1919, § 5160; SDC 1939 & Supp 1960, § 32.0311.
