South Dakota Court system is arranged in a particular centralized structure. Known as the Unified Judicial System, the South Dakota Courts have a three-tiered system. All South Dakota Court Cases are dealt with at the different levels of the courts. The highest in the system is the Supreme Court. In the intermediate stage are the Circuit Courts while at the lowest rung are the Lower Courts which serve as the basic pillar of the Unified Judicial System.
The Lower Courts are also known as Magistrate Courts in South Dakota. The limited jurisdiction of these courts is applicable over lesser civil issues and minor criminal offenses. The responsibilities of the Magistrate Courts of South Dakota are as follows:
- Issuance of warrants
- Civil and small claims case hearings (within the range of $8,000)
- Set bail
- Perform marriages
- Preliminary hearings in certain cases
- Receive depositions
- Acceptance of pleas in cases of misdemeanors (Class 2)
- Appointment of counsel
The hearings of the legal proceedings include civil and criminal cases. They may also share the responsibility of the immediate higher court, i.e. the Circuit Courts. The magistrate judges and lay magistrates are the ones presiding over the Magistrate Courts of South Dakota. The required qualification of the magistrate judges is attorney-ship while that of the lay magistrates is minimum high school graduation.
The intermediate level of South Dakota Court System is the Circuit Courts. These trial courts can exercise original jurisdiction in all matters, be it civil or criminal. Any civil case worth more than $10,000 can be tried at the Circuit Courts. These courts can also try all sorts of criminal offense cases. Appeals cases directed from the lower courts of the state are also taken up at the Circuit Courts. This happens when the losing party wants a review of the decision taken at the lower court.
South Dakota counties are divided into 7 circuits for better judicial administration. Each circuit has a court of its own. The number of judges working at these circuit courts is 38. The Governor does the appointment of the judges. However the people of the circuit elect them; the election is a non-political one in nature. Each judge serves a term of 8 years. It is the responsibility of the Chief Justice of the Supreme Court to appoint a judge as the presiding circuit judge among the elected ones.
The highest authority in the Unified Court System of South Dakota is the Supreme Court. It is the chief Court of Appeals in the state of South Dakota. Apart from serving as an appellate court, the South Dakota Supreme Court also acts as the authoritative body over the whole court system. The appointment of court staff, the supervision of the court proceedings, the terms of courts, the admission and discipline of the bar members and such others are also within the responsibilities of the Supreme Court. South Dakota Supreme Court, at certain times, exercises executive powers over the state machinery as well. Moreover this court also does the budget of the entire court system.
All South Dakota Court Records are available for public use on the payment of a nominal charge. The online sources like PACER and the National Archives offer details about all cases filed in the state. You can also check the case files at the court locations. However it is easier to check for the same from online sources.
