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, 2026, it had 126 amendments. (Data on file with John Dinan, Wake Forest University.)
The South Dakota Constitution: “Under God the People Rule” — But All the People?
Filters
Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
Anti-Choice States Target Organizations Providing Information About Abortion
Attorneys general in Florida, Missouri, and South Dakota sued pro-choice organizations under state consumer deception and RICO laws.