2021 South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 01 - Acts and Records of Local Officers
Section 6-1-21 - Grounds for disqualification of officer in quasi-judicial proceeding.
6-1-21. Grounds for disqualification of officer in quasi-judicial proceeding.
An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in another capacity. An elected or appointed officer is presumed to be objective and capable of making decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general experience and background. Only by a showing of clear and convincing evidence that the officer's authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.
Source: SL 2015, ch 54, ยง4.
