2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge
§ 23A-21-2 Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
23A-21-2. Magistrate pro tempore to replace magistrate disqualified for bias or prejudice. If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.
Source: SL 1978, ch 178, § 277.
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