A Look Inside South Dakota’s Court System

By Emalee Larson-Sudenga, Woods Fuller Associate

South Dakota’s courts are unified under a single statewide system known as the Unified Judicial System (UJS), established in 1975 and overseen by the South Dakota Supreme Court. Unlike most states, which have three tiers of courts (trial courts, intermediate appellate courts, and a supreme court), South Dakota’s system consists of only two main levels:

• Circuit Courts: These are the trial-level courts where cases begin.

• Supreme Court: This court handles all appeals from the circuit courts.

Because there is no intermediate appellate court, any appeal from a circuit court decision proceeds directly to the state Supreme Court.

In addition to these principal courts, magistrate courts and specialty courts function under the supervision of the circuit courts. They handle specific types of cases and help manage the overall caseload.

South Dakota Supreme Court

The South Dakota Supreme Court stands as the highest judicial authority in the state, serving as the court of last resort for appeals involving state law and constitutional matters. Its principal responsibilities include:

• Reviewing and deciding appeals from the circuit courts

• Interpreting the meaning of state laws and the state constitution

• Establishing rules and procedures for all courts in South Dakota

The Supreme Court is composed of five justices, one of whom serves as the Chief Justice and leads the Unified Judicial System. The Chief Justice is chosen by the other justices. Justices are initially appointed by the Governor, who selects from a list of candidates provided by the Judicial Qualifications Commission. Since 1980, Supreme Court justices do not participate in traditional partisan or nonpartisan elections; instead, they face a retention vote every eight years. This retention system is designed to reduce political pressure on the judiciary.

When considering appeals, the Supreme Court primarily reviews written briefs and trial records rather than conducting new hearings. Oral arguments may be scheduled at the Court’s discretion, but they are not required for every case.

Circuit Courts

Circuit courts are the main trial courts in the state. Most criminal cases and civil lawsuits go through these courts. Circuit courts handle:

• Criminal cases

• Civil cases (lawsuits for money or property)

• Divorce and family law issues

• Cases involving children or teenagers (juvenile cases)

• Appeals from magistrate courts (when someone wants to challenge a decision made in a magistrate court)

South Dakota is divided into seven judicial circuits, and each circuit covers several counties. Circuit court judges are chosen by voters in their circuit through nonpartisan elections, which means candidates do not run as members of a political party. Judges must live in the circuit where they serve when they take office. If a judge leaves their position before their term ends, the Governor appoints a new judge from a list of nominees picked by the Judicial Qualifications Commission.

Magistrate Courts

Magistrate courts help circuit courts by handling less serious criminal cases (misdemeanors) and small civil matters. They have limited power, but they make it easier for regular people to access the court system. The type of cases a magistrate court can handle depends on whether a magistrate judge or a clerk magistrate is in charge. Clerk magistrates are not lawyers—they are court clerks who get special training to do their jobs quickly and efficiently. Both magistrate judges and clerk magistrates are appointed by the main judge in their local circuit.

Specialty Courts

Specialty courts are designed to help people whose crimes are linked to specific problems, like drug addiction or mental health issues. These courts provide special probation programs for people with mental health or substance abuse problems. South Dakota has several specialty courts in certain counties, such as:

• Drug Court

• DUI Court

• Veterans Treatment Court

• Mental Health Court

People in these programs must go to treatment, follow strict rules, and meet with the judge often. The main goal is to help people avoid breaking the law again by treating the underlying causes of their behavior.

Understanding the structure and purpose of South Dakota’s courts can empower you to navigate the legal system with greater confidence. If you are facing a civil dispute our team of experienced civil litigators is here to help you every step of the way.

This blog was written by Emalee Larson-Sudenga, an Associate at Woods Fuller.