§ 16-12B-1 Temporary transfer of magistrate judge–Powers and duties
§ 16-12B-1.1 Number of magistrate judges
§ 16-12B-1.2 Certification and information on nominees for magistrate judge–Approval by Supreme Court
§ 16-12B-1.3 Term of magistrate judges–Removal
§ 16-12B-2 Service as magistrate by retired justice or judge–Effect of acts–Expenses
§ 16-12B-3 Authority to solemnize marriages–Fees
§ 16-12B-4 Authority to administer oaths, etc
§ 16-12B-5 Jurisdiction to issue summonses, warrants
§ 16-12B-6 Right to counsel in magistrate court
§ 16-12B-7 Jurisdiction–Bonds and personal recognizance
§ 16-12B-8 Jurisdiction–Acceptance of defaults and trial of certain petty offenses–Acceptance of pleas–Sentencing
§ 16-12B-9 Jurisdiction–Forfeiture of appearance bonds
§ 16-12B-10 Jurisdiction–Committal
§ 16-12B-11 Jurisdiction–Trial of minor criminal cases
§ 16-12B-12 Jurisdiction–Small claim proceedings
§ 16-12B-13 Jurisdiction–Limitations
§ 16-12B-14 Jurisdiction–Mental illness cases
§ 16-12B-14.1 Jurisdiction–Adult probationary drug court program
§ 16-12B-15 Record of proceedings in magistrate court–Stenographic record–Costs–Appeal
§ 16-12B-16 Right of appeal to circuit court
§ 16-12B-17 Practice of law by magistrates
§ 16-12B-18 Court practice prohibited to full-time magistrates
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Terms Used In South Dakota Codified Laws > Title 16 > Chapter 12B - Magistrate Judges

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2