South Dakota Constitution Article 5 - Judicial Department.
South Dakota Constitution – Article V: Judicial Department
Overview:
Article V of the South Dakota Constitution establishes the Judicial Department, outlining the structure, powers, and functions of the state's court system. It provides the legal foundation for South Dakota’s judicial branch and ensures its independence, authority, and operation.
Key Sections and Provisions:
While section numbers may vary over time with amendments, the article covers the following core components:
1. Judicial Power:
Vested in a unified judicial system that includes:
Supreme Court
Circuit Courts
Other courts as established by law (e.g., magistrate courts)
2. Supreme Court:
Highest court in South Dakota.
Consists of Chief Justice and Associate Justices (number determined by law).
Has appellate jurisdiction and supervisory authority over all other courts.
Issues final decisions on constitutional matters, appeals, and questions of law.
3. Circuit Courts:
Serve as trial courts of general jurisdiction.
Handle civil, criminal, probate, and family law cases.
Number of circuits and judges are determined by law.
4. Judicial Qualifications and Terms:
Judges must be licensed attorneys and meet other qualifications as prescribed by law.
Supreme Court justices and circuit judges serve eight-year terms.
Selection is through nonpartisan judicial elections or appointments followed by retention votes.
5. Chief Justice:
Elected by the Supreme Court justices from among themselves.
Serves as the administrative head of the unified judicial system.
6. Judicial Qualifications Commission:
Assists in vetting and disciplining judges.
Can recommend removal, censure, or retirement for misconduct or incapacity.
7. Judicial Conduct and Discipline:
Justices and judges may be removed for misconduct, incompetence, or violations of judicial ethics.
Removal requires due process.
8. Administrative Authority:
Supreme Court holds rule-making power for court procedures and administration.
Provides leadership and oversight for lower courts.
Purpose of Article V:
Ensures an independent judiciary separate from the executive and legislative branches.
Provides a framework for fair and efficient justice.
Allows flexibility for the legislature to shape the judiciary as needed.
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