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·Title 23A CRIMINAL PROCEDURE·Ch. 23A-21 (RULE 25) DISABILITY OR DISQUALIFICATION OF JUDGE

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

South Dakota § 23A-21-2 (Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.