South Dakota Statutes

§ 6-1-21 — Grounds for disqualification of officer in quasi-judicial proceeding.

South Dakota § 6-1-21
JurisdictionSouth Dakota
Title 6LOCAL GOVERNMENT GENERALLY
Ch. 6-1ACTS AND RECORDS OF LOCAL OFFICERS

This text of South Dakota § 6-1-21 (Grounds for disqualification of officer in quasi-judicial proceeding.) 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 § 6-1-21 (2026).

Text

An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in another capacity. An elected or appointed officer is presumed to be objective and capable of making decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general experience and background. Only by a showing of clear and convincing evidence that the officer's authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.

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Related

Holborn v. Deuel Cnty. Bd. of Adjustment
955 N.W.2d 363 (South Dakota Supreme Court, 2021)
6 case citations
Miles v. Spink County Board of Adjustment
972 N.W.2d 136 (South Dakota Supreme Court, 2022)
2 case citations

Legislative History

SL 2015, ch 54, § 4.

Nearby Sections

15
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Bluebook (online)
South Dakota § 6-1-21, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/6-1-21.