The John R. Justice (JRJ) Grant Program provides student loan repayment assistance for local, state and federal public defenders and local and state prosecutors who commit to extended service in those roles.

With the anticipated resignation of the Hon. Camela C. Theeler (Position F) in light of her appointment to the federal bench, the Judicial Qualifications Commission is now taking applications for this position in the Second Judicial Circuit.

With the upcoming retirement of the Hon. Robert Spears in the Third Judicial Circuit, the Judicial Qualifications Commission is now taking applications.

The SD Supreme Court handed down one decision this morning, holding, inter alia: 1) “Show-up identification” by eye-witnesses tolerated;

The current appointment of Magistrate Judge Sara Pokela is due to expire on August 15, 2024. Magistrate Judge Sara Pokela serves in the Second Judicial Circuit.

Due to courtroom space and staffing requirements, local procedural rules of the Seventh Judicial Circuit require that the Circuit use multiple courtrooms at one time for jury trials to accommodate lawyers, parties, employees, and potential jurors.

In the matter of the Amendment to Article V of the State Bar of South Dakota Bylaws (Appendix SDCL Chapter 16-17) In Re: State Bar Elected Officers

In the matter of the Amendment SDCL 23A-48-19

In the matter of the adoption of a new rule to create a commission on access to the courts.

The SD Supreme Court handed down two decisions this morning, holding, inter alia: 1) City of Sturgis rebuffed; 2) New decision on Tax Deed dispute; 3) “Use tax” dispute resolved; 4) Health Plan must allow other providers to participate; 5) Sellers prevail in dispute with Realtor.

The current appointment of Magistrate Judge Scott Bogue is due to expire on July 2, 2024. Magistrate Judge Scott Bogue serves in the Seventh Judicial Circuit.

The SD Supreme Court handed down one decisions this morning, holding, inter alia: 1) Trustees protected against claim of imprudent investment;

Adopted January 10, 2024 by the South Dakota Board of Bar Commissioners

A lawyer should demonstrate civility, personal courtesy, dignity, respect and professional integrity when interacting with the public and participating in the legal system

The SD Supreme Court handed down two decisions this morning, holding, inter alia: 1) Consecutive sentencing for drug offenses upheld; 2) Consecutive sentence for 3rd degree rape upheld.

The SD Supreme Court handed down two decisions this morning: 1. Taxpayers request for refund of overpayment denied under “make whole” doctrine; 2. McCook County Zoning Ordinance divides Justices 3/2.

8th Circuit Affirms D.S.D. (Western Division - Hon. Lawrence L. Piersol)

The SD Supreme Court handed down five decisions this morning:

The SD Supreme Court handed down one decision this morning, holding inter alia: 1) Injured motorist has actionable claim against DOT

The retirement of the Hon. Jane Pfeifle (Position E) and Hon. Craig Pfeifle (Position F) will create vacancies for two Circuit Court Judge positions in the Seventh Judicial Circuit.

The SD Supreme Court handed down two decisions this morning: (1) Divorce decree affirmed, wife awarded appellate attorney fees; (2) Trial Court’s ruling for inmate on habeas corpus action reversed.

The SD Supreme Court handed down four decisions this morning: (1) Legal malpractice claim fails on basis of “lack of causation;" (2) Insurer’s pollution exclusion upheld; (3) 1st degree manslaughter verdict/sentence upheld; (4) Res judicata defeats habeas corpus claims.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Landowner Must Endure diminution in “right to access."

Celebrating 25 Years of Progress: State Bar of South Dakota Marks Anniversary of First Female Bar President

The SD Supreme Court handed down two decisions this morning: (1) Statute of limitations longer for independent contractor than for employee; (2) Open meetings litigation in regard to School District.

The SD Supreme Court handed down one decision this morning, holding inter alia: Tax deed upheld by 3/2 vote.

The John R. Justice (JRJ) Grant Program provides student loan repayment assistance for local, state and federal public defenders and local and state prosecutors who commit to extended service in those roles. All Applications and a Service Agreement along with a recent loan statement must be received or postmarked on or before January 31, 2024

The SD Supreme Court handed down one decision this morning, holding inter alia: Inmate denied possibility of review in case where habeas counsel failed to seek certificate of probable cause for appeal of trial court’s dismissal.

The SD Supreme Court handed down one decision this morning, holding inter alia: 40 year prison sentence upheld for Defendant who was 14 years old at the time of the offense.

The current appointment of Magistrate Judge Eric Johnson is due to expire on March 28, 2024.

The SD Supreme Court handed down four decisions this morning: Mechanic’s lien enforced; Option agreement upheld: Attempted modification of variance rejected; and LWOP sentence upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: Appeals by Juveniles sentenced to prison dismissed.

Fastcase has announced they have merged with vLex, a major global legal research provider, creating the world’s largest global law library.

The SD Supreme Court handed down two decisions this morning: (1) Administrative Appeal to Circuit Court upheld; (2) Other Acts Evidence permitted in Rape Trial.

The retirement of the Hon. Tony L. Portra will create a vacancy for a Circuit Court Judge position (Position B) in the Fifth Judicial Circuit.

The SD Supreme Court handed down two decisions this morning: (1) Extreme Road Rage incident in Sioux Falls results in prison sentence; (2) Clay County CPU litigation remanded.

The SD Supreme Court handed down two decisions this morning: (1) Sculptor’s claims against Kevin Costner survive; (2) Failure by State to give notice of expert testimony found to be non-prejudicial.

The SD Supreme Court handed down three decisions this morning: (1) Evidence sufficient for 1st degree robbery conviction; (2) Conditional Use Permit requirement upheld; (3) Polygraph evidenced tendered by Defendant inadmissible.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) May one parent seek termination of the rights of the other parent, absent a companion adoption proceeding?

The SD Supreme Court handed down four decisions this morning: (1) “Stand Your Ground Law” not retroactive; (2) Professional negligence claim time barred: (3) Damage award upheld; and (4) Child Custody decision upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: Self-funded MEWA prevails in dispute with Guaranty Association.

The SD Supreme Court handed down two decisions this morning: Accessory to felony upheld notwithstanding principal is juvenile; Conviction for felonious violation of no-contact order upheld.

The SD Supreme Court handed down two decisions this morning: (1) Ruling on unemployment benefits remanded to ALJ for more adequate findings; (2) Mandatory 10 year sentence upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Order (approving elimination of TOD beneficiary designations), entered without notice and hearing, held void.

The current appointment of Magistrate Judge Andrew Robertson is due to expire on November 18, 2023. Magistrate Judge Andrew Robertson serves in the Second Judicial Circuit.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Effort to Delay Entry of Divorce Decree is problematic.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Estate dispute with Son of Deceased Addressed.

The SD Supreme Court handed down two decisions this morning: (1) Suppression of Evidence Order Reversed; (2) CARES Act funds NOT subject to repayment.

The Indigent Legal Services Task Force created by HB 1064 during the 2023 Legislative session will be holding several listening sessions across the state to gather information to inform its work.

Stay Strong; Align; Engage & Grow; Connect; Feel Well

The SD Supreme Court handed down one decision this morning, holding inter alia: New Exterior for Deadwood’s Gunslinger Saloon Denied.

The SD Supreme Court handed down one decision this morning, holding inter alia: Proving “nighttime” in Rapid City during July.

The SD Supreme Court handed down two decisions this morning: (1) Defendant’s utilization of clinical psychologist prohibited; (2) Attorney Discipline proceeding.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Denny Sanford’s appeal rejected.

The SD Supreme Court handed down two decisions this morning: (1) Cooperative Grazing Association Dispute; (2) Assault convictions against ex-wife affirmed, but “harassing and threatening” conduct conviction reversed;

The SD Supreme Court handed down one decision this morning, holding inter alia: Ingestion guilty plea not a basis for CGL disqualification.

The SD Supreme Court handed down three decisions this morning: (1) Tort judgment enhanced by $700: (2) Work Comp appeal fails due to failure to notify DOL; (3) HSC permitted to administer psychotropic medication to patient involuntarily committed.

The SD Supreme Court handed down one decision this morning, holding inter alia: Intentional property damage conviction reversed.

The SD Supreme Court handed down one decision this morning, holding inter alia: Mortgage Dispute Resolved.

The State Bar is working with the SD Department of Public Safety to fill a vacancy in the Visitation Grant Advisory Group.

The SD Supreme Court handed down one decision this morning, holding inter alia: Consecutive sentences of 60 years upheld

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Rape convictions upheld; Evidence of “Advanced Consent” and Prior Sexual History properly excluded at trial.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Handling of military retirement pay for reserve member of national guard reversed and remanded.

Chief Judge Lavenski R. Smith of the United States Court of Appeals for the Eighth Circuit recently announced that the court has appointed Laura Lynn Kulm Ask as a United States Bankruptcy Judge for the District of South Dakota.

In the matter of the proposed amendment to the appendix to the chapter 16-16 regulations of the Board of Bar Examiners State of South Dakota 5. Acceptance of multistate bar examination results from other states.

The SD Supreme Court handed down three decisions this morning: (1) Employee prevails with testimony of treating physicians; (2) Attorney Fee denial reversed and remanded; (3) Demolition of partially-completed new home ordered.

The SD Supreme Court handed down two decisions this morning: (1) CAFO conditional use permit upheld, with attorney fees denied; (2) Pre-marital agreement set aside because not signed voluntarily by W.

The SD Supreme Court handed down two decisions this morning: (1) Contractor loses dispute with Owners; (2) Juvenile’s tip about Mother’s possible drunk driving upheld as basis for DUI arrest, by 4-1 vote.

The SD Supreme Court handed down two decisions this morning: (1) Administration of inmate’s Holographic Will upheld; (2) Military Retirement pay, including disability benefits, adjudicated in divorce proceeding – In opinion dated December 7, Pearl Harbor Day, substantial relief accorded to Green Beret Husband.

The SD Supreme Court handed down two decisions this morning: (1) Appeal (from grant of summary judgment) dismissed; (2) Attorney fees in regard to trust supervision litigation addressed.

The SD Supreme Court handed down two decisions this morning: (1) 3rd degree rape conviction upheld; (2) Multiple consecutive life sentences in 1st degree rape convictions upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Defendant wins. Reversed and Remanded. Plaintiff wins. Affirmed.

The SD Supreme Court handed down two decisions this morning: (1) 100 year sentence upon guilty plea to 1 count of 1st degree rape affirmed; (2) Criminal convictions and sentences for 1st degree rape upheld...

The SD Supreme Court handed down three decisions this morning: (1) Drainage ditch cleanout upheld; (2) Direct action against liability insurer upheld; (3) Divorce issues resolved.

The SD Supreme Court handed down two decisions this morning: (1) Denial of habeas relief affirmed; (2) Breakup of unmarried couple’s cohabitation litigated.

The SD Supreme Court handed down one decision this morning, holding inter alia: abuse of vulnerable adult cause of action does not survive death.

The SD Supreme Court handed down two decisions this morning. Both cases involve appeals from the Circuit Court of Hughes County, Honorable Bobbi J. Rank. Judge Rank is affirmed in both decisions: (1) Criminal Conviction and Life Sentence Upheld; (2) Tax litigation resolved against U.S. Bank.

The SD Supreme Court handed down one decision this morning, holding inter alia: Competency challenge ailing spouse’s execution of documents reinstated.

The SD Supreme Court handed down two decisions this morning: (1) Landlord not liable for dog bite; (2) Criminal conviction affirmed.

The SD Supreme Court handed down three decisions this morning: (1) Certified Questions from federal judge (SD Division of Insurance matter); (2) Exclusivity of Work Comp; (3) Trust amendment litigation...

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Former employee prevails in dispute over non-compete agreement.

The SD Supreme Court handed down four decisions this morning...

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Adverse ruling for lessee attempting to enforce right of 1st refusal.

The SD Supreme Court handed down two decisions this morning: (1) Work comp claim for total permanent disability for PTSD and PCS denied; (2) Mutual wills litigation resolved.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Non-resident UIM insurer is not subject to personal jurisdiction in SD simply because its non-resident insured is injured in SD.

The SD Supreme Court handed down two decisions this morning: (1) Barratry claim against County of Yankton permitted to stand; (2) Rapid City Journal prevails in “right to records” claim by 3-2 vote.

The SD Supreme Court handed down four decisions this morning: (1) Breach of contract action reversed; (2) “out of plan” medical expenses permitted in work comp setting; (3) Prison sentence for Facebook fraud scheme upheld; (4) Farm liability insurer prevails on coverage for personal injuries claim.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Enforcement of forum selection clause is non-waivable.

The SD Supreme Court handed down two decisions this morning: (1) Reversal of decision upon remand where trial court’s new decision rests on previously unraised issue of standing; (2) Conviction for having a potentially dangerous animal reversed.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Prison sentence for aggravated assault on girlfriend upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Habeas relief denied on rape charges filed 16 years after the offense.

The SD Supreme Court handed down three decisions this morning: (1) Right of First Refusal ineffective to defeat Wind Farm lease; (2) Another Drainage Permit dispute; (3) Custody modification upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Appeal from grant of drainage permit not authorized

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Criminal Convictions reversed because “illegal immigrant” status of victim not disclosed to jury.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down three decisions this morning: (1) Criminal convictions affirmed; (2) Consecutive 25 year sentences; (3) Civil claim by opposing party against divorce attorney recognized.

The SD Supreme Court handed down four decisions this morning: (1) Vulnerable Adult Protected; (2) Criminal convictions affirmed; (3) Wind Farm Proposal prevails, Deuel County; (4) Wind Farm Proposal prevails, South Dakota’s PUC.

The SD Supreme Court handed down two decisions this morning: (1) Minors are subject to DUI prosecution in criminal court; (2) Denial of CUP for CAFO upheld.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) W’s tort claims against H not barred by Settlement Agreement in Divorce action.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Criminal convictions affirmed for offenses committed by intoxicated father in possession of six week old infant...

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down four decisions this morning: (1) Termination of mother’s parental rights upheld; (2) Estate Dispute over Wrongful Death action; (3) Community Caretaker Doctrine not fulfilled for warrantless search/seizure; (4) 14 year old sentence to DOC upheld.

TO ALL MEMBERS OF THE STATE BAR OF SOUTH DAKOTA

The popular Deposition Academy returns in 2022 for members of the South Dakota Bar. The third Deposition Academy is being held on Wednesday, July 13 through Friday, July 15 at the University of South Dakota Knudson School of Law.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Appellate jurisdiction lacking in regard to Trial Court’s denial of sentence reduction motion

The United States Court of Appeals for the Eighth Circuit seeks applications from highly qualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for the District of South Dakota.

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Tort claim against landlord for injuries by dog fails

The following is a description of the legislative items our State Bar team is actively lobbying or monitoring for the 2022 Legislative Session. Active bills are included in the summary. Monitored bills can be found at the link.

The SD Supreme Court handed down two decisions this morning: (1) UM coverage denied victims of motorcycle accident; (2) Habeas relief denied in 4-1 ruling, relying upon summary affirmance in inmate’s direct appeal; (3) Habeas relief denied in 4-1 ruling, relying upon summary affirmance in inmate’s direct appeal.

The SD Supreme Court handed down one decision this morning, holding inter alia: Appeal Dismissed, Rule 54(b) requirements not satisfied.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Tort claim against City of Rapid City denied.

The SD Supreme Court handed down two decisions this morning, holding inter alia: (1) Child sex abuse claim revived on appeal in 3-2 ruling; (2) Prison sentence upheld by 4-1 ruling...

The SD Supreme Court handed down one decision this morning: (1) Termination of Parental Rights of 3 Indian Children Affirmed.

Today the SD Supreme Court announced its ruling on Amendment A. The Court holds, by a vote of 4-1, that the Amendment is invalid because it violated the single subject requirement in the South Dakota Constitution.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Assault conviction affirmed, with Court establishing foundational evidentiary requirements for video from automatic surveillance system.

The SD Supreme Court handed down two decisions this morning, holding inter alia: (1) Reversal of division of property issues; (2) Reversal of juvenile placement with DOC.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Public Access to Search Warrants and related documents upheld.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) Protection Order Unsupported by Findings Reversed.

The John R. Justice (JRJ) Grant Program provides student loan repayment assistance for local, state and federal public defenders and local and state prosecutors who commit to extended service in those roles.

The SD Supreme Court handed down one decision this morning, holding inter alia: (1) LWOP on 2nd degree murder conviction upheld, but related restitution order reversed and remanded.

The SD Supreme Court handed down two decisions yesterday morning: (1) adjudication of Delinquency Reversed; (2) out-of-wedlock son permitted to challenge intestate distribution.

The SD Supreme Court handed down three decisions on September 23rd: (1) Guardianship dispute; (2) Dismissal of Wrongful Death action reversed; (3) City and Volunteer Fire Department immunized as to tort claim.

The SD Supreme Court handed down two decisions this morning: (1) CDL license suspended more than 3 years after DUI and Suspended Imposition of Sentence; (2) Protracted litigation over Farming Partnership’s dissolution.

Supreme Court Opinions

The SD Supreme Court handed down one decision this morning, holding inter alia:

The Final Report of the Commission on Sexual Harassment in the Legal Profession is available to view