South Dakota statute
SDCL § 23A-21-2 — Magistrate pro tempore to replace magistrate disqualified for bias or prejudice
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 21: (Rule 25) Disability Or Disqualification Of Judge, South Dakota Codified Laws.
Full text of SDCL § 23A-21-2
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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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This reference is informational and is not legal advice.