South Dakota Supreme Court Decisions
In addition to reviewing appeals of decisions by lower courts, the South Dakota Supreme Court may advise the Governor of South Dakota on their executive powers. It also manages the South Dakota Unified Judicial System, which involves creating a budget and overseeing state trial courts. The Supreme Court has the responsibility to develop procedures and practices for the legal profession in the state, including rules for the conduct of attorneys and the administration of courts. A Stanford University study in 2012 found that it is the most conservative state supreme court in the U.S.
Five justices serve on the South Dakota Supreme Court. Each justice serves an eight-year term. To serve as a justice, a candidate must be a U.S. citizen and a resident of South Dakota, as well as a voting resident in the judicial district that they seek to represent on the Court. A candidate also must be licensed to practice law in the state. South Dakota is divided into five appointment districts, each of which is represented by one justice. After the South Dakota Judicial Qualifications Commission develops a list of nominees for a vacancy, the Governor will appoint the new justice. Once a justice has been appointed, they must go through a retention election three years later to serve the rest of their term. The Chief Justice is elected to serve a four-year term by a vote of the other justices.
South Dakota imposes a mandatory retirement age of 70 on its judges. A justice also may be removed from the South Dakota Supreme Court if they are impeached by a majority vote of the South Dakota House of Representatives and convicted by a majority vote of the South Dakota Senate. Alternatively, a justice may be removed or retired by the other justices on the Supreme Court if the Judicial Qualifications Commission recommends taking this step.
- 2025 (27)
- 2024 (83)
- 2023 (71)
- 2022 (81)
- 2021 (69)
- 2020 (73)
- 2019 (66)
- 2018 (88)
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- 2015 (102)
- 2014 (100)
- 2013 (98)
- 2012 (91)
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- 2009 (111)
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- 2006 (112)
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- 1990 (160)
- 1989 (177)
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- 1987 (186)
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- 1983 (185)
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- 1970 (76)
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- 1959 (40)
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- 1957 (45)
- 1956 (42)
- 1955 (49)
- 1954 (42)
- 1953 (43)
- 1952 (48)
- 1951 (37)
- 1950 (42)
Recent Decisions From the South Dakota Supreme Court
Date: April 16, 2025
Citation: LLC, 2025 S.D. 24
Docket Number: 30190
Justia Opinion Summary: In 2020, Cody Sturzenbecher and his mother, Judy Sturzenbecher, entered into a series of transactions with Sioux County Ranch, LLC (Sioux County) related to the purchase of their family farm from a trust. Judy bought the…
Date: April 16, 2025
Citation: INC., 2025 S.D. 23
Docket Number: 30403
Justia Opinion Summary: In September 2015, Josh Brewer suffered a work-related injury while employed by Tectum Holdings, Inc. d/b/a Truxedo. Brewer filed a workers' compensation claim for permanent total disability (PTD) benefits, which was…
Date: April 16, 2025
Citation: 2025 S.D. 25
Docket Number: 30670
Justia Opinion Summary: The plaintiffs are seven members of the South Dakota Air National Guard who also work as federal civilian employees of the Department of the Air Force. They are entitled to 15 days of paid military leave each year in…
Date: April 16, 2025
Citation: ET AL v. MAJOR GENERAL MORRELL, 2025 S.D. 25
Docket Number: 30670
Justia Opinion Summary: Seven members of the South Dakota Air National Guard, who also work as federal civilian employees of the Department of the Air Force, alleged that the South Dakota Adjutant General wrongfully denied them military leave…
Date: April 9, 2025
Citation: 2025 S.D. 22
Docket Number: 30439
Justia Opinion Summary: The City of Tea passed a resolution imposing a special assessment on properties abutting a road construction project, including property owned by KJD, LLC. The City found that the improvement conferred special benefits…
Date: April 9, 2025
Citation: LLC v. CITY OF TEA, 2025 S.D. 22
Docket Number: 30439
Justia Opinion Summary: The City of Tea passed a resolution imposing a special assessment on properties abutting a road construction project, including property owned by KJD, LLC. The City found that the improvement conferred special benefits…
Date: March 26, 2025
Citation: 2025 S.D. 21
Docket Number: 30384
Justia Opinion Summary: Charlene Monfore petitioned for guardianship and conservatorship over her mother, Gerda Flyte, who suffers from dementia. Gerda’s son, Roger Flyte, objected and requested to be appointed instead. After an evidentiary…
Date: March 26, 2025
Citation: 2025 S.D. 19
Docket Number: 30424
Justia Opinion Summary: On October 21, 2021, Officers Nicholas Stevens and Jason Purkapile of the Sioux Falls Police Department stopped a vehicle with an inoperable brake light. The driver, Lee Martin Holy, provided a North Dakota driver’s…
Date: March 26, 2025
Citation: 2025 S.D. 20
Docket Number: 30732
Justia Opinion Summary: David and Marcia Earll's daughter, Rebecca, was killed in a car accident caused by an underinsured motorist. The Earlls sought underinsured motorist (UIM) benefits under their motor vehicle liability policy with Farmers…
Date: March 12, 2025
Citation: 2025 S.D. 16
Docket Number: 30365
Justia Opinion Summary: Steven Tuopeh and Jeff Pour were involved in an altercation with Christopher Mousseaux near the Red Sea Pub in Sioux Falls, South Dakota. Mousseaux, who appeared intoxicated, swung at Tuopeh and Pour, then retreated.…
Date: March 12, 2025
Citation: INC., 2025 S.D. 17
Docket Number: 30579
Justia Opinion Summary: James and Amber May hired RES Construction to build their home in Sioux Falls. RES subcontracted First Rate Excavate, Inc. to install the septic system and construct the foundation. The Mays alleged that the foundation…
Date: March 12, 2025
Citation: 2025 S.D. 18
Docket Number: 30588
Justia Opinion Summary: Dreau Rogers was convicted by a jury of second-degree murder for the death of his wife, Destiny Rogers, and several other offenses. Rogers claimed that a third party, Donovan Derrek, was the actual perpetrator. Rogers…
Date: March 12, 2025
Citation: 2025 S.D. 15
Docket Number: 30654
Justia Opinion Summary: Chad Martin was indicted on multiple felony and misdemeanor charges following a high-speed chase during which he struck another vehicle, injuring one of its occupants. Martin pleaded guilty to one count of vehicular…
Date: March 5, 2025
Citation: 2025 S.D. 12
Docket Number: 30180
Justia Opinion Summary: Clyde and Nancy Straatmeyer purchased a lot within a subdivision governed by a restrictive covenant. They began constructing a house with a large three-car garage, prompting their neighbors to sue to stop the…
Date: March 5, 2025
Citation: 2025 S.D. 14
Docket Number: 30400
Justia Opinion Summary: Donika Rae Gonzales was convicted in 2014 by a jury of first-degree manslaughter and aggravated assault for beating her boyfriend’s four-year-old son to death. Gonzales filed a petition for a writ of habeas corpus,…
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