South Dakota
South Dakota’s highest court is the South Dakota Supreme Court. The court has four associate justices and one chief justice. The justices on the supreme court elect the chief justice by majority vote. (Source: South Dakota Secretary of State)
Judicial Selection
The governor appoints South Dakota Supreme Court justices from a list provided by a judicial nominating commission. After at least three years on the court, a justice may stand for an eight-year term in an unopposed yes/no retention vote at the time of South Dakota’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 70.
State Constitution
South Dakota’s first and only state constitution was adopted in 1889. As of January 1, 2026, it had 126 amendments. (Data on file with John Dinan, Wake Forest University.)
The South Dakota Constitution: “Under God the People Rule” — But All the People?
Filters
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
Anti-Choice States Target Organizations Providing Information About Abortion
Attorneys general in Florida, Missouri, and South Dakota sued pro-choice organizations under state consumer deception and RICO laws.
How Are State Judges Selected?
Thirty-eight states use elections as part of their system for choosing high court judges.
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.