23A-21-1      Disqualification as in civil actions.
23A-21-2      Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
23A-21-3      (Rule 25(a)) Replacement of judge disabled during jury trial.
23A-21-4      (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.

23A-21-1. Disqualification as in civil actions.

A judge or magistrate may be disqualified in the manner specified in chapter 15-12.

Source: SL 1943, ch 131; SDC Supp 1960, § 34.1404-1; SDCL, § 23-27-10; SL 1978, ch 178, § 276.

23A-21-2. Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.

If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.

Source: SL 1978, ch 178, § 277.

23A-21-3. (Rule 25(a)) Replacement of judge disabled during jury trial.

If by reason of death, sickness, or other disability a judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge in the circuit, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.

Source: SL 1978, ch 178, § 274.

23A-21-4. (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.

If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.

Source: SL 1978, ch 178, § 275.