Judicial selection in South Dakota

Judicial selection in South Dakota
South Dakota Supreme Court
Method:	Assisted appointment
Term:	8 years
South Dakota Circuit Courts
Method:	Nonpartisan election
Term:	8 years
South Dakota Magistrate Courts
Method:	Court appointment

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in South Dakota, including:

• South Dakota Supreme Court,
• South Dakota Circuit Courts, and
• Limited jurisdiction courts

As of April 2025, justices on the South Dakota Supreme Court were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Circuit Court judges were chosen by voters in nonpartisan elections, and magistrate judges were appointed by the presiding judges of the circuit courts.

Click here to notify us of changes to judicial selection methods in this state.

South Dakota Supreme Court

See also: South Dakota Supreme Court

The five justices of the South Dakota Supreme Court are appointed by the governor from a list of at least two names provided by the South Dakota Judicial Qualifications Commission. The commission is made up of seven members: two circuit court judges, three lawyers, and two members of the public. The judges are elected by the judicial conference, the lawyers are chosen by the state bar association, and the members of the public are appointed by the governor.

Newly appointed judges serve for at least three years, after which they must run in a yes-no retention election during a regularly scheduled general election. Subsequent terms last eight years.

Chief justice

The chief justice of the court is chosen by peer vote and serves in that capacity for four years.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen;
• a resident of South Dakota;
• a voting resident within his or her respective district;
• licensed to practice law in the state; and
• under the age of 70.*

Vacancies

See also: How vacancies are filled in state supreme courts

If a judge retires before the end of his or her term, a judicial nominating commission recommends candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least three years before running in a yes-no retention election.

The map below highlights how vacancies are filled in state supreme courts across the country.

South Dakota Circuit Courts

See also: South Dakota Circuit Courts

South Dakota Circuit Court judges are chosen by voters in nonpartisan elections. They serve for eight years and must seek re-election if they wish to serve additional terms.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen;
• a resident of South Dakota;
• a resident of his or her circuit;
• licensed to practice law in the state; and
• under 70 years of age.*

Presiding judge

The presiding judge of each circuit court is appointed by the chief justice of the supreme court and serves in that capacity for as long as the chief justice sees fit.

Vacancies

In the event of a midterm vacancy, a replacement is appointed by the governor from a list of at least two names provided by the South Dakota Judicial Qualifications Commission. The appointee serves for the remainder of the unexpired term, after which he or she must run for election to remain on the court.

Limited jurisdiction courts

South Dakota has one type of limited jurisdiction court: South Dakota Magistrate Courts

South Dakota Magistrate Courts

The magistrate judges of the South Dakota Magistrate Courts are appointed by the presiding judges of the circuit courts. They serve terms that may vary in length, after which they must be reappointed by the presiding circuit judges.

History

Below is a timeline noting changes to judicial selection methods in South Dakota.

• 1980: The constitution was amended to establish merit selection as the method for selecting supreme court justices and for filling interim vacancies on the circuit court. Before this amendment, the judicial qualifications commission and the governor's office had a working relationship, such that most appointees were already being chosen from lists submitted by the commission.
• 1972: The constitution was amended to create a unified judicial system consisting of a supreme court, circuit court, and courts of limited jurisdiction as established by the state legislature.
  • Supreme court justices were elected by their district rather than by a statewide ballot.
  • Term lengths of supreme and district court judges were increased to eight years.
  • The judicial qualifications commission was established to monitor complaints against judges and suggest disciplinary action.
• 1921: The state legislature established nonpartisan judicial elections for all judges.
• 1889: Under South Dakota's original constitution, supreme court justices were elected by popular vote to six-year terms, circuit judges to four-year terms, and county court judges to two-year terms.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

Courts in South Dakota

In South Dakota, there is one federal district court, a state supreme court, and trial courts of general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• Trial courts

The image below depicts the flow of cases through South Dakota's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of South Dakota's state court system.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• South Dakota Unified Judicial System
• South Dakota Secretary of State, "Elections & Voting"

Footnotes

South Dakota courts

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Federal courts:

Eighth Circuit Court of Appeals • U.S. District Court: District of South Dakota • U.S. Bankruptcy Court: District of South Dakota

State courts:

South Dakota Supreme Court • South Dakota Circuit Courts • South Dakota Magistrate Courts

State resources:

Courts in South Dakota • South Dakota judicial elections • Judicial selection in South Dakota