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South Dakota legal term

Committing magistrate in South Dakota Criminal Law

Current through 2026 South Dakota legislative session

In South Dakota criminal law, “Committing magistrate” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.

What does “Committing magistrate” mean in South Dakota criminal law?

(3) "Committing magistrate," any of the following: (a) A justice of the Supreme Court; (b) A judge of the circuit court; (c) A magistrate judge; (d) A nonlaw-trained magistrate when acting within the authority conferred under chapter 16-12C; (4) "Defendant," the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. (SDCL § 23A-45-9)

Statutes defining or using this term

Charges using this term

Related terms in the same statutes

This reference is informational and is not legal advice.