South Dakota
South Dakota’s highest court is the South Dakota Supreme Court. The court has four associate justices and one chief justice. The justices on the supreme court elect the chief justice by majority vote. (Source: South Dakota Secretary of State)
Judicial Selection
The governor appoints South Dakota Supreme Court justices from a list provided by a judicial nominating commission. After at least three years on the court, a justice may stand for an eight-year term in an unopposed yes/no retention vote at the time of South Dakota’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 70.
State Constitution
South Dakota’s first and only state constitution was adopted in 1889. As of January 1, 2024, it had 125 amendments. (Source: John Dinan, 2024)
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To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Where Abortion Rights Will Be on the Ballot in 2024
Ten states will have abortion-related measures on the November ballot; most would amend their state constitutions to either affirm or expand protection for abortion care.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.
Advice for Law Students From State Supreme Court Justices
As the school year kicks off, eight justices reflect on what they wish someone had told them when they were in law school.