South Dakota § 23A-21-2 Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.

South Dakota Statutes

§ 23A-21-2 — Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.

South Dakota § 23A-21-2

Title 23ACRIMINAL PROCEDURE

Ch. 23A-21(RULE 25) DISABILITY OR DISQUALIFICATION OF JUDGE

This text of South Dakota § 23A-21-2 (Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-21-2 (2026).

Text

If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.

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If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.