Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-21-1 Disqualification as in civil actions
0.2K chars
A judge or magistrate may be disqualified in the manner specified in chapter 15-12 . Source: SL 1943, ch 131 ; SDC Supp 1960, § 34.1404-1; SDCL, § 23-27-10; SL 1978, ch 178 , § 276.
SDCL § 23A-21-2 Magistrate pro tempore to replace magistrate disqualified for bias or prejudice
0.6K chars
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 w…
SDCL § 23A-21-3 (Rule 25(a)) Replacement of judge disabled during jury trial
0.3K chars
If by reason of death, sickness, or other disability a judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge in the circuit, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the …
SDCL § 23A-21-4 (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial
0.5K chars
If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South…