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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State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
Voters Across the Country Amend Their Constitutions
Through ballot measures, voters expressed policy preferences on issues including abortion, drug legalization, and same-sex marriage.
Voters in Seven States Pass Measures to Protect Abortion
Abortion-rights ballot measures failed in three other states, including Nebraska, where voters instead amended the constitution to limit abortion access.
2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
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.