16-12A-1.1.”Magistrate” defined–License to practice law required. As used in this chapter, the term, magistrate, means a clerk magistrate or a magistrate judge appointed under the authority of this chapter. Any magistrate judge appointed under the authority of this chapter shall be licensed to practice law in the State of South Dakota. Source: SL 2003, ch […]
16-12A-10.2. Compensation of magistrates–Budgeting and appropriations. The compensation of a magistrate shall be fixed by law and for such purpose the Supreme Court in its annual consolidated budget for the Unified Judicial System shall make recommendations relating thereto. The state shall provide from funds appropriated therefor for the salaries and travel expenses of the magistrates […]
16-12A-2.2.Magistrate court established within each circuit. Pursuant to the provisions of S. D. Const., Art. V, §4, there is hereby established within each judicial circuit a magistrate court. Source: SL 2003, ch 117, §2.
16-12A-2.3. Court with magistrate judge as court of record. Any magistrate court with a magistrate judge presiding is a court of record. However, no magistrate court with a clerk magistrate presiding is a court of record. Source: SL 2003, ch 117, §3.
16-12A-27.1. Right of appeal to circuit court. Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court. Source: SL […]
16-12A-29.1. Counties to provide facilities for court. Each county in the state shall provide suitable and adequate facilities for the magistrate court, including the facilities necessary to make the space provided functional for its intended use. Source: SL 2003, ch 117, §8.
16-12A-3.3. Number of magistrates appointed. Subject to such rules as may be promulgated by the Supreme Court, the presiding circuit judge in each judicial circuit shall appoint a sufficient number of magistrates as may be necessary to provide adequate and qualified judicial personnel for each county and municipality in the circuit. Source: SL 2003, ch […]
16-12A-30.1. Municipality to provide facilities for court. Any municipality in the state may, at its discretion, and in cooperation with the presiding judge of the circuit, provide suitable and adequate quarters for a magistrate court assigned principally to serve the municipality, including the facilities necessary to make the space provided functional for its intended use. […]
16-12A-31. Filing fees. Filing fees in magistrate court, unless otherwise provided by law, shall be the same as the fees chargeable by the clerk of courts for the filing of actions or proceedings in the circuit court, including the fees prescribed pursuant to §14-6-1 where applicable. Source: Supreme Court Rule 75-3, §5; Supreme Court Rule […]
16-12A-4.2. Appointment and tenure of magistrates–Terms of office. Each magistrate shall be appointed by the presiding judge of the circuit court and serve at the pleasure of the presiding judge. However, the Supreme Court may, by rule, provide that magistrates may be appointed for a definite term. Source: SL 2003, ch 117, §5.
