Judicial Qualifications Commission

The purpose of a disciplinary action involving a judge is, first and foremost, to protect the public. Under the rules, disciplinary proceedings are confidential until they reach the point of the Commission’s filing its recommendation with the Supreme Court or the accused judge requests that the matter be made public. The matter is also public if the disciplinary investigation is based upon conviction of a judge for commission of a crime that is a felony under state or federal law, or is one involving moral turpitude.

An honest disagreement about the outcome of a case is not cause for discipline. A mistake or error of judgment is also not cause for discipline. In those matters, the litigants may file an appeal of their case in the appropriate court.  

The procedure for filing a complaint for misconduct against a judge in South Dakota is described in SDCL ch. 16-1A, Appx.III(2).

Please use the complaint form which may be downloaded from this site. Any person wishing to file a complaint against a judge should state the facts of his or her particular situation as clearly and as specifically as possible. Under the rules, the complaint must allege facts which would demonstrate:

• A violation of the Judicial Code of Conduct (Appendix to SDCL ch.16-2);
• Willful misconduct in office;
• Habitual intemperance;
• Disability that seriously interferes with the performance of the judge’s duties; or
• Violation of any constitutional provisions or statutes or conduct that is prejudicial to the administration of justice and brings a judicial office into dispute. 

Complaints filed against judges must be written and may be directed to: 

Secretary
Judicial Qualifications Commission
500 E. Capitol Ave.
Pierre, SD 57501 

Email complaints are not allowed.

If you choose to submit an anonymous complaint, your complaint may not be able to be investigated by the Judicial Qualifications Commission if the complaint is incomplete or if more information is needed from you in order to proceed. 

Access Complaint Form

The Secretary of the Judicial Qualifications Commission will distribute the written complaint to all members of the Commission. You will receive notice from the Secretary that your complaint was received. Review and investigation of the complaint will be conducted according to the rules governing judicial disciplinary proceedings.

Under these rules, the complaint may be forwarded to the judge complained against. You will receive notice from the Secretary if this happens. The judge is given 10 days to respond, and you will receive a copy of the judge’s response and be given an opportunity to reply. The response and your reply will be provided to all Commission members. 

If the Commission decides to issue a private reprimand, you will receive notice that no formal disciplinary action will be taken. A private reprimand is a written reprimand of the judge by the Commission. However, the Commission may proceed to formal disciplinary proceedings which may include a hearing. You will be notified by the Secretary of the final outcome of any formal disciplinary proceeding.

The Commission dismisses unfounded complaints. 

Generally, yes. The Judicial Qualifications Commission notifies judges about complaints unless there is an overriding reason to withhold this information.

Usually, no, although a complaint may become public if the Judicial Qualifications Commission files formal charges against the judge with the Supreme Court or if the judge requests the matter be made public. 

No. Judicial Qualifications Commission proceedings have no effect on decision or appeals. 

No. The Judicial Qualifications Commission will only review your complaint to determine whether or not misconduct has occurred. Disqualification is determined in court proceedings by a judge. 

Yes. Every complaint is reviewed by the staff and the Judicial Qualifications Commission. 

No. The Commission reviews only questions of ethical conduct. It does not have authority to review the merits of a judicial decision. If the substance of your complaint is about the merits or outcome of your case or a particular ruling, you should talk with your attorney about the proper course of action, including whether or not to file an appeal. If you seek to change the outcome of your case, discuss this with a lawyer without delay. 

Yes. At the close of the case you will receive a letter describing the action taken. 

Some examples are:

• Improper courtroom demeanor or improper treatment of parties, counsel, witnesses, jurors, court staff and others.
• Failing to promptly dispose of judicial business.
• Conflict of interest.
• Chemical abuse.
• Engaging in improper election campaign activities.
• Receipt of information about a case outside the presence of a party.
• Failure to be impartial.

A judge’s error in a decision or ruling—by itself—is not misconduct. Appeal may be the only remedy for such an error, or there may be no remedy. Orders as to custody, visitation and setting child support, as well as fines and sentences in traffic or criminal cases—if not outside the parameters set by law—are generally within the discretion of the trial court and are not usually matters for the Commission.

The Commission does not have the authority to direct a judge to take legal action, or to review a case for judicial error, mistake or other legal grounds. These functions are for the state’s appellate courts. 

Allegations stemming from a judge’s rulings or exercise of discretion do not provide a basis for the Commission’s action, and personal dissatisfaction alone cannot be grounds for judicial investigation. 

The Commission is not an appellate court. The Commission’s authority is limited by law to investigating the complaint and, if appropriate, disciplining the judge. The Commission does not have the authority to issue orders in any case, including ordering anyone to be released from jail, granting a new trial, disqualifying a judge from hearing a case, assigning a new judge to a case or granting or changing custody, visitation or child support orders. Neither the Commission nor its staff is authorized to give legal advice or respond to requests for assistance with individual legal matters.