South Dakota Codified Laws 16-12B-8. Jurisdiction–Acceptance of defaults and trial of certain petty offenses–Acceptance of pleas–Sentencing
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts:
(1) To accept defaults for petty offenses;
Terms Used In South Dakota Codified Laws 16-12B-8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(2) To try contested cases involving a petty offense;
(3) To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or
(4) To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;
if the punishment is a fine not exceeding two thousand dollars or imprisonment for a period not exceeding one year, or both such fine and imprisonment and to impose sentence upon a plea of guilty or nolo contendere. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§ 23A-7-2 and 23A-7-8, as applicable. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under § 32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.
Source: SL 2003, ch 117, § 17; SL 2007, ch 135, § 1, eff. Mar. 2, 2007; SL 2009, ch 103, § 1.