JUDICIAL VOICES PROJECT
Capturing Histories of the South Dakota Supreme Court on its 125th Anniversary
HISTORIES, ACCOUNTS AND COMMENTARIES ON THE SUPREME COURT AND LEGAL PRACTICE IN THE STATE OF SOUTH DAKOTA
Transition to Unified Judicial System
One of the greatest advances in the structure and day-to-day dealings of the Court took place in 1972, when the courts were reorganized into a unified judicial system by an amendment to the State Constitution. The amendment created two basic levels of the courts: the Supreme Court and the circuit courts (magistrate courts operate under the authority of the circuit courts). It also made the Chief Justice responsible for administering the statewide unified court system.
Dan Schenk, formerly of the Court Administrator’s office, stated that this process “was really inventing from scratch a sense of uniformity,” and it took about three years to fully work out the details. This process included many different elements such as transitioning to uniform reporting, which was facilitated by the creation of the Criminal Justice Information System (CJIS), working with law enforcement agencies to create a uniform traffic ticket and then a standardized procedure of how an offender would pay the ticket.
The unified judicial system also provided the Supreme Court with some additional powers, including supervision of judges and lawyers. When a complaint is made against a judge, the Judicial Qualification Commission investigates and recommends to the Supreme Court whether or not disciplinary action should be taken in the matter. In terms of attorney discipline, the Supreme Court appoints a five-member Board of Bar Examiners that manages the requirements to practice law in South Dakota. In addition, the Supreme Court has adopted the South Dakota Rules of Professional Conduct, which created standards that lawyers must follow in order to avoid disciplinary proceedings.