APPENDIX TO CHAPTER 16-1A RULES OF PROCEDURE OF THE JUDICIAL QUALIFICATIONS COMMISSION I. GENERAL PROVISIONS. II. JUDICIAL NOMINATIONS. III. JUDICIAL DISCIPLINE. IV. JUDICIAL ELECTIONS. V. IMMUNITY. VI. JUDICIAL ETHICS COMMITTEE. I. GENERAL PROVISIONS 1. Definitions. In these rules, unless the context or subject matter otherwise requires: (1) "Commission" means the commission on judicial qualifications provided […]
16-1A-1.Definition of terms. Terms as used in this chapter, unless the context otherwise requires, mean: (1)”Commission,” the Commission on Judicial Qualifications provided for in S. D. Const., Art. V, §9 and this chapter; (2)”Judge,” a justice of the Supreme Court, a judge of the circuit court, or a judge of a court of limited jurisdiction. […]
16-1A-10. Status of judge pending criminal, removal or retirement proceedings. A judge is disqualified from acting as a judge, but shall suffer no loss of salary, while there is pending an indictment or an information charging him with a crime punishable as a felony under South Dakota or federal law, or a recommendation to the […]
16-1A-11. Participating judge disqualified from sitting in appeal. A judge who has participated in proceedings involving a judge may not participate in an appeal involving that judge in that particular matter. Source: SL 1973, ch 136, §14.
16-1A-12. Suspension of judge on conviction of crime–Reversal of conviction–Removal when conviction final. On recommendation of the commission or on its own motion, the Supreme Court may suspend a judge from office without salary when he pleads guilty or no contest, or is found guilty of a crime punishable as a felony under South Dakota […]
16-1A-13. Benefits retained by retired judge–Loss of benefits by removed judge. A judge retired by the Supreme Court shall not by reason thereof lose any benefits to which he may be entitled pursuant to chapter 3-12C. A judge removed by the Supreme Court is permanently ineligible for judicial office and shall be entitled only to […]
16-1A-15. Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation. The Judicial Qualifications Commission shall review and investigate any matter referred to the commission by the Division of Criminal Investigation and may recommend appropriate action. Source: SL 2017, ch 73, §6.
16-1A-2. Commission membership–Terms of office. There is hereby created a Commission on Judicial Qualifications which shall consist of seven members: (1)Two judges of the circuit court, elected by the judicial conference; (2)Three members of the bar practicing law in this state, no more than two of whom may be of the same political party, appointed […]
16-1A-3. Termination of commission membership on departure from qualifying position–Removal of members–Vacancies. Commission membership terminates if a member ceases to hold the position that qualified him for appointment. Members of the commission may be removed for cause by the appointing power. A vacancy shall be filled by the appointing power for a term of four […]
16-1A-4. Budget for commission–Rules–Confidentiality of proceedings–Administrative support. The Supreme Court shall prepare and present to the Legislature a proposed annual budget for the commission, make rules implementing and enforcing the powers of the commission, provide for confidentiality of proceedings, and provide administrative support in managing the budget, in paying for travel expenses, in paying salaries […]
16-1A-5. Chairman of commission–Majority required for action. The commission shall elect one of its members to serve as chairman for a term prescribed by the commission. No act of the commission is valid unless concurred in by a majority of its members. Source: SL 1973, ch 136, §5.
16-1A-6. Travel expenses and per diem of commission members. Each member of the commission shall be allowed travel expenses and per diem as provided by rule of the Supreme Court. Source: SL 1973, ch 136, §6.
16-1A-7. Employment of personnel by commission–Powers in investigation. The commission may employ all necessary personnel for the purpose of investigating complaints made against a judge and for the purpose of presenting nominations to the Governor to fill all judicial vacancies. The commission may administer oaths, subpoena witnesses and take depositions as provided by §§1-26-19.1 and […]
16-1A-8. Employment of personnel by commission–Compensation of witnesses–Counsel. The commission may employ officers, assistants, and other employees which it considers necessary for the performance of the duties and exercise of the powers conferred upon the commission, it may arrange for and compensate medical and other experts and reporters, may arrange for the attendance of witnesses, […]
16-1A-9. Recommendations by commission. Based upon its findings the Commission on Judicial Qualifications shall make a recommendation either that no further action be taken or that the judge investigated be censured, suspended, removed, or retired. Source: SL 1973, ch 136, §10; Supreme Court Rule 82-5; Supreme Court Rule 84-11.
