“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 08, 2024
Active
Codington County
Codington County, SD
May 08, 2024
Active
Codington County
Codington County, SD
May 07, 2024
Active
Kingsbury County
Kingsbury County, SD
May 07, 2024
Active
Custer County
Custer County, SD
May 07, 2024
Non-Jury Verdict
Turner County
Turner County, SD
May 07, 2024
Active
Lincoln County
Lincoln County, SD
May 07, 2024
Active
Lincoln County
Lincoln County, SD
May 07, 2024
Active
Codington County
Codington County, SD
May 07, 2024
Active
Codington County
Codington County, SD
May 06, 2024
Active
Lincoln County
Lincoln County, SD
May 06, 2024
Active
Lincoln County
Lincoln County, SD
May 06, 2024
Non-Jury Verdict
Lincoln County
Lincoln County, SD
May 06, 2024
Active
Grant County
Grant County, SD
May 06, 2024
Active
Marshall County
Marshall County, SD
May 03, 2024
Active
Turner County
Turner County, SD
May 03, 2024
Active
Lincoln County
Lincoln County, SD
May 03, 2024
Active
Lincoln County
Lincoln County, SD
May 03, 2024
Terminated
Fall River County
Fall River County, SD
May 02, 2024
Active
Brown County
Brown County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 02, 2024
Active
Fall River County
Fall River County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 02, 2024
Active
Brown County
Brown County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 02, 2024
Terminated
Brown County
Brown County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 02, 2024
Active
Codington County
Codington County, SD
May 02, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Active
Brown County
Brown County, SD
May 01, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Terminated
Codington County
Codington County, SD
May 01, 2024
Active
Lincoln County
Lincoln County, SD
May 01, 2024
Active
Fall River County
Fall River County, SD
Apr 30, 2024
Active
Lincoln County
Lincoln County, SD
Apr 30, 2024
Active
Custer County
Custer County, SD
Apr 29, 2024
Active
Brown County
Brown County, SD
Apr 29, 2024
Active
Lincoln County
Lincoln County, SD
Apr 29, 2024
Active
Brown County
Brown County, SD
Apr 29, 2024
Active
Brown County
Brown County, SD
Apr 29, 2024
Active
Codington County
Codington County, SD
Apr 29, 2024
Active
Lincoln County
Lincoln County, SD
Apr 26, 2024
Foreign,Sister-State Judgment
Lincoln County
Lincoln County, SD
Apr 26, 2024
Active
Codington County
Codington County, SD
Apr 26, 2024
Active
Lincoln County
Lincoln County, SD
Apr 26, 2024
Active
Lincoln County
Lincoln County, SD
Apr 26, 2024
Active
Lincoln County
Lincoln County, SD
Apr 26, 2024
Active
Codington County
Codington County, SD
Apr 26, 2024
Active
Codington County
Codington County, SD
Apr 26, 2024
Active
Hughes County
Hughes County, SD
Apr 26, 2024
Active
Codington County
Codington County, SD
Apr 26, 2024
Active
Edmunds County
Edmunds County, SD
Apr 25, 2024
Active
Lincoln County
Lincoln County, SD
Apr 25, 2024
Active
Brookings County
Brookings County, SD
Apr 25, 2024
Active
Codington County
Codington County, SD
Apr 25, 2024
Active
Custer County
Custer County, SD
Apr 25, 2024
Active
Brown County
Brown County, SD
Apr 25, 2024
Active
Brown County
Brown County, SD
Apr 25, 2024
Active
Custer County
Custer County, SD
Apr 25, 2024
Active
Brown County
Brown County, SD
Apr 25, 2024
Active
Codington County
Codington County, SD
Apr 24, 2024
Active
Brown County
Brown County, SD
Apr 24, 2024
Active
Brown County
Brown County, SD
Apr 24, 2024
Active
Brown County
Brown County, SD
Apr 24, 2024
Active
Hughes County
Hughes County, SD
Apr 24, 2024
Active
Lincoln County
Lincoln County, SD
Apr 24, 2024
Active
Hughes County
Hughes County, SD
Apr 24, 2024
Active
Brookings County
Brookings County, SD
Apr 23, 2024
Active
Turner County
Turner County, SD
Apr 23, 2024
Active
Lincoln County
Lincoln County, SD
Apr 23, 2024
Active
Brule County
Brule County, SD
Apr 23, 2024
Active
Codington County
Codington County, SD
Apr 23, 2024
Active
Lincoln County
Lincoln County, SD
Apr 23, 2024
Active
Lincoln County
Lincoln County, SD
Apr 23, 2024
Active
Lincoln County
Lincoln County, SD
Apr 23, 2024
Active
Marshall County
Marshall County, SD
Apr 22, 2024
Active
Lincoln County
Lincoln County, SD
Apr 22, 2024
Active
Lincoln County
Lincoln County, SD
Apr 22, 2024
Active
Lincoln County
Lincoln County, SD
Apr 22, 2024
Active
Deuel County
Deuel County, SD
Apr 22, 2024
Active
Lawrence County
Lawrence County, SD
Apr 22, 2024
Active
Brookings County
Brookings County, SD
Apr 22, 2024
Active
Brown County
Brown County, SD
Apr 22, 2024
Active
Lincoln County
Lincoln County, SD
Apr 22, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Terminated
Lincoln County
Lincoln County, SD
Apr 19, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Active
Brown County
Brown County, SD
Apr 19, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Active
Brookings County
Brookings County, SD
Apr 19, 2024
Active
Lawrence County
Lawrence County, SD
Apr 19, 2024
Active
Hughes County
Hughes County, SD
Apr 19, 2024
Active
Brule County
Brule County, SD
Apr 19, 2024
Active
Lincoln County
Lincoln County, SD
Apr 19, 2024
Active
Codington County
Codington County, SD
Apr 19, 2024
Dismissal
Edmunds County
Edmunds County, SD
Apr 19, 2024
Active
Union County
Union County, SD
Apr 19, 2024
Active
Union County
Union County, SD
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Your subscription has successfully been upgraded.
Your content views addon has successfully been added.
No Worries!
Adding your team is easy
in the "Manage Company Users" tab
