“While a judge has a duty to recuse when the canons require it, a judge also has an ‘equally strong duty not to recuse when the circumstances do not require recusal.’” (Marko v. Marko, 816 N.W.2d 820, 826-27 [S.D. 2012] quoting Center for Professional Responsibility, American Bar Association, Annotated Model Code of Judicial Conduct 187 [2004].)
“Indeed, under South Dakota's Code of Judicial Conduct, a ‘judge shall hear and decide matters assigned to the judge except those in which disqualification is required.’” (Marko v. Marko, 816 N.W.2d 820, 826-27 [S.D. 2012] quoting Code of Judicial Conduct, SDCL ch. 16–2, App., Canon 3B(1).) “A judge's duty to hear a case discourages potential abuse of the recusal process. Disqualification ‘was never intended to enable a discontented litigant to oust a judge because of adverse rulings made[.]’” (Marko v. Marko, 816 N.W.2d 820, 826-27 [S.D. 2012] quoting Ex parte Am. Steel Barrel Co.,230 U.S. 35, 44, 33 S.Ct. 1007, 1010, 57 L.Ed. 1379 [1913].)
“SDCL 15-12-21.1 provides, in pertinent part: Prior to filing an affidavit for change of judge, the party or his attorney shall informally request the judge or magistrate who, in the ordinary course, would preside at the hearing or trial, to disqualify himself.” (Moore v. Michelin Tire Company, Inc., 603 N.W.2d 513, 524 n.8 [S.D. 1999] quoting SDCL 15-12-21.1.)
“No authority exists for the notion that a judge's exposure to, and judgment of, a witness in another case creates the appearance of partiality. Ordinarily, a judge cannot be disqualified for views formed on the basis of what the judge learned in court.” (Marko v. Marko, 816 N.W.2d 820, 827 [S.D. 2012] citing Liteky v. United States,510 U.S. 540, 550–56, 114 S.Ct. 1147, 1155–58, 127 L.Ed.2d 474 [1994].)
“Likewise, even in cases where judges have had prior judicial exposure to parties, without more, appellate courts have ruled that this is insufficient to show that impartiality might reasonably be questioned.” (Marko v. Marko, 816 N.W.2d 820, 827 [S.D. 2012][internal citations omitted].)
“Every judge is called upon to form opinions on the merits of a case and often on the parties and witnesses involved, but that does not mean the judge has a prejudice or bias. Simply put, ‘[t]he objective appearance of an adverse disposition attributable to information acquired in a prior trial is not an objective appearance of personal bias or prejudice, and hence not an objective appearance of improper partiality.’” (Id.)
May 24, 2024
Active
Turner County
Turner County, SD
May 24, 2024
Pending
Brown County
Brown County, SD
May 24, 2024
Pending
Brown County
Brown County, SD
May 24, 2024
Pending
Brown County
Brown County, SD
May 24, 2024
Pending
Brown County
Brown County, SD
May 24, 2024
Pending
Brown County
Brown County, SD
May 23, 2024
Pending
Brown County
Brown County, SD
May 23, 2024
Active
Turner County
Turner County, SD
May 22, 2024
Active
Lincoln County
Lincoln County, SD
May 22, 2024
Active
Lincoln County
Lincoln County, SD
May 22, 2024
Active
Lincoln County
Lincoln County, SD
May 22, 2024
Pending
Brookings County
Brookings County, SD
May 21, 2024
Terminated
Butte County
Butte County, SD
May 21, 2024
Active
Lincoln County
Lincoln County, SD
May 21, 2024
Pending
Brookings County
Brookings County, SD
May 21, 2024
Pending
Fall River County
Fall River County, SD
May 21, 2024
Active
Lincoln County
Lincoln County, SD
May 20, 2024
Active
Lincoln County
Lincoln County, SD
May 20, 2024
Pending
Brown County
Brown County, SD
May 20, 2024
Active
Lincoln County
Lincoln County, SD
May 20, 2024
Terminated
Lincoln County
Lincoln County, SD
May 20, 2024
Active
Lincoln County
Lincoln County, SD
May 20, 2024
Active
Brown County
Brown County, SD
May 20, 2024
Active
Brown County
Brown County, SD
May 20, 2024
Active
Brown County
Brown County, SD
May 20, 2024
Active
Lincoln County
Lincoln County, SD
May 20, 2024
Active
Brown County
Brown County, SD
May 20, 2024
Active
Lincoln County
Lincoln County, SD
May 18, 2024
Active
Codington County
Codington County, SD
May 17, 2024
Active
Turner County
Turner County, SD
May 17, 2024
Active
Lincoln County
Lincoln County, SD
May 17, 2024
Active
Lake County
Lake County, SD
May 17, 2024
Active
Lincoln County
Lincoln County, SD
May 16, 2024
Active
Brookings County
Brookings County, SD
May 16, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Terminated
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Custer County
Custer County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Judgment (Other)
Brown County
Brown County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Lake County
Lake County, SD
May 15, 2024
Terminated
Lawrence County
Lawrence County, SD
May 15, 2024
Active
Turner County
Turner County, SD
May 15, 2024
Terminated
Codington County
Codington County, SD
May 15, 2024
Active
Lincoln County
Lincoln County, SD
May 15, 2024
Active
Brookings County
Brookings County, SD
May 15, 2024
Pending
Grant County
Grant County, SD
May 14, 2024
Active
Lincoln County
Lincoln County, SD
May 14, 2024
Terminated
Lincoln County
Lincoln County, SD
May 14, 2024
Active
Butte County
Butte County, SD
May 13, 2024
Pending
Codington County
Codington County, SD
May 13, 2024
Active
Lincoln County
Lincoln County, SD
May 13, 2024
Active
Lincoln County
Lincoln County, SD
May 13, 2024
Active
Lincoln County
Lincoln County, SD
May 13, 2024
Terminated
Lawrence County
Lawrence County, SD
May 13, 2024
Default Judgment
Custer County
Custer County, SD
May 13, 2024
Active
Lincoln County
Lincoln County, SD
May 13, 2024
Active
Brown County
Brown County, SD
May 13, 2024
Active
Brookings County
Brookings County, SD
May 13, 2024
Active
Turner County
Turner County, SD
May 11, 2024
Active
Turner County
Turner County, SD
May 11, 2024
Active
Codington County
Codington County, SD
May 11, 2024
Active
Lincoln County
Lincoln County, SD
May 10, 2024
Active
Beadle County
Beadle County, SD
May 10, 2024
Active
Lincoln County
Lincoln County, SD
May 10, 2024
Active
Butte County
Butte County, SD
May 10, 2024
Active
Custer County
Custer County, SD
May 10, 2024
Active
Butte County
Butte County, SD
May 10, 2024
Active
Codington County
Codington County, SD
May 10, 2024
Active
Lawrence County
Lawrence County, SD
May 10, 2024
Other
Butte County
Butte County, SD
May 10, 2024
Active
Brown County
Brown County, SD
May 10, 2024
Active
Brown County
Brown County, SD
May 10, 2024
Active
Lake County
Lake County, SD
May 10, 2024
Active
Brookings County
Brookings County, SD
May 09, 2024
Active
Lawrence County
Lawrence County, SD
May 09, 2024
Active
Custer County
Custer County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Brown County
Brown County, SD
May 09, 2024
Terminated
Codington County
Codington County, SD
May 09, 2024
Active
Turner County
Turner County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lincoln County
Lincoln County, SD
May 09, 2024
Terminated
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lawrence County
Lawrence County, SD
May 09, 2024
Active
Clay County
Clay County, SD
May 09, 2024
Pending
Grant County
Grant County, SD
May 09, 2024
Terminated
Grant County
Grant County, SD
May 09, 2024
Other
Butte County
Butte County, SD
May 09, 2024
Active
Grant County
Grant County, SD
May 09, 2024
Terminated
Lincoln County
Lincoln County, SD
May 09, 2024
Terminated
Lincoln County
Lincoln County, SD
May 09, 2024
Active
Lawrence County
Lawrence County, SD
May 09, 2024
Terminated
Lawrence County
Lawrence County, SD
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