Title 33, MILITARY AFFAIRS

No person may act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case. Source: SL 2012, ch 175 , § 61.

The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court. Source: SL 2012, ch 175 , § 62.

For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate. Source: SL 2012, ch 175 , § 63.

No person who has acted as investigating officer, military judge, witness or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same c…

Except as provided in § 33-10-85 , trial counsel or defense counsel detailed for a general or special court-martial shall be: (1) A judge advocate as defined in § 33-10-20 ; and (2) In the case of trial counsel, a member in good standing of the bar of the highest court of the sta…

In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is: (1) A commissi…

Under such rules as may be promulgated by the Adjutant General pursuant to chapter 1-26 , the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken be…

No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of th…

If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum numbe…

If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial sh…

If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subsections 33-10-6…

A military court sitting in any county shall be attended by the county sheriff, or some suitable person designated by the sheriff, who shall be the marshal of the court and perform the usual duties of such marshals. The marshal shall execute any process lawfully issued by the cou…

Every marshal appointed to a military court shall be allowed the same fees and mileage allowed sheriffs for their duties in criminal cases as provided in § 7-12-18 , the same to be paid on the certificate of the president of the court or presiding judge as to number of days emplo…

Refusal or neglect by the sheriff or marshal to execute any warrant required in § 33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so…

No action may be maintained against any member of a military court on account of the imposition of a fine or penalty, or for the execution of a sentence on any person, if the person has been returned as delinquent and duly summoned before the court, or has appeared before the cou…

Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by § 33-10-298 or 33-10-299 , to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matters set f…

No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person. Source: SL 2012, ch 175 , § 77.

No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding t…

No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person. Source: SL 2012, ch 175 , § 79.

No statement obtained from any person in violation of §§ 33-10-96 to 33-10-98 , inclusive, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial. Source: SL 2012, ch 175 , § 80.

The adjutant general shall provide suitable space, at a convenient location where any unit of the National Guard is stationed, with the necessary furnishings, equipment, and supplies for an armory, assembly, drill room, garages, and maintenance shops for the organization. The bui…

The Department of the Military also constitutes a board for general management and care of armories. The department may promulgate rules pursuant to the provisions of chapter 1-26 for armory management and government and to provide for the guidance of the organization occupying t…

The commanding officer at any encampment, parade, drill, muster, or other rendezvous of the national guard shall prohibit and prevent the sale or use of all alcoholic beverages within the limits of the encampment, parade grounds, or armory. However, the adjutant general may, as n…

The adjutant general under rules promulgated pursuant to the provisions of chapter 1-26 may provide for certain sundry, welfare, and revenue producing fund activities for the benefit of the members of the national guard. Such activities shall be similar in nature to those authori…

The Department of the Military shall donate the state's interest in the National Guard armory located in Sisseton to the city of Sisseton subject to the city's acceptance of the property as the property exists on the date of acceptance. The Governor shall execute a quitclaim deed…

The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Rang…

The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to § 33-11-14 , the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and …

The Department of the Military shall erect or provide anywhere within the limits of this state, upon terms and conditions determined as most advantageous to the state, armories and other facilities for the use of the National Guard. The armories and other facilities shall be used…

The State of South Dakota, acting through the Department of the Military in participation with the federal government, and any county, municipal corporation, school district, or any department, agency, or board of the state or combination thereof, acting through their governing b…

The buildings referred to in § 33-11-3 shall be suitable for use as armories or other facilities by the National Guard. The buildings shall also be suitable for use by a cooperating public corporation or agency for the same purposes as a building that the corporation or agency is…

Agreements for the operation, maintenance, and use of the buildings referred to in § 33-11-3 shall be such as will ensure adequate accommodations and use for the national guard and the reserve components of the national military establishments of the United States. Source: SL 194…

The Department of the Military may receive from counties, school districts, municipalities, or other sources, donations of land or contributions of money, buildings, or other property to aid in providing or erecting armories and other facilities throughout the state for the use o…

Counties, school districts, or municipalities may contribute land, money, buildings, or other property for the purposes of this chapter. Any first or second class municipality may levy a tax upon all property within the municipality subject to taxation to raise the necessary mone…

The Department of the Military shall, upon donation of a proper site by any county or municipality, erect for the use of any unit of the National Guard, and other organizations and public functions as specified in § 33-11-2 , an armory to be used for meeting, rendezvous, drill, a…

The Department of the Military has charge of any armory erected or provided pursuant to § 33-11-8 and shall arrange for its occupancy and use under the direction and responsibility of the senior officer in command. Source: SL 1917, ch 297 , § 87; RC 1919, § 10647; SDC 1939, § 41.…

To accomplish the preservation of military records, banners, and relics of the state required by S.D. Const., Art. XV, § 6, the adjutant general may establish a South Dakota National Guard Museum and state weapons collection. Source: SL 1982, ch 253 , § 1.

An armory or other facility under the control of the Department of the Military may be used for the purpose of § 33-11A-1 . Source: SL 1982, ch 253 , § 2; SL 2023, ch 108 , § 10.

The adjutant general may appoint a museum board to supervise and coordinate the activities of the museum and collection. The members shall serve without reimbursement and at the pleasure of the adjutant general. The board may adopt rules pursuant to chapter 1-26 for the operation…

The museum board may solicit, receive, and administer donations of funds or property for the support and improvement of the museum. Source: SL 1982, ch 253 , § 4.

All property donated to the museum without conditions or restraints is state property. Source: SL 1982, ch 253 , § 6.

Any law enforcement agency which has custody of any firearms or any parts of firearms which are subject to destruction, may in lieu of destruction, deposit them with the museum and weapons collection. Source: SL 1982, ch 253 , § 5.

All amounts deposited in the national guard museum and state weapons collection special trust account in the Office of the State Treasurer are appropriated to the use of the museum board for its expenses in the operation and maintenance of the museum and its annexes. Prorated ear…

Every officer or other person having custody or control of the military property of the United States or of the state shall periodically make a return of the property on a form and to the appropriate department as required by law. Source: SL 1887, ch 100 , § 66; CL 1887, § 1982; …

If any National Guard officer responsible for state property resigns or is reassigned, dismissed, or discharged, the officer shall deliver the property in the officer's possession, for which only the officer is responsible, to the quartermaster general, or to some person duly app…

In case of the death of any officer of the National Guard responsible for state property the next in command shall immediately take charge of the property and deliver it to the quartermaster general or some person appointed to receive the property. Source: SL 1903, ch 185 , § 26;…

All military supplies issued to any officer of the National Guard are at all times subject to inspection by any officer designated by the Governor for that purpose, who shall report the true condition of the supplies. The Governor may at any time require repairs to be made or def…