Senate Joint Resolution 501 proposes no more competitive circuit court judge elections in South Dakota

A group of legislators is proposing a significant overhaul to how we choose Circuit Court Judges in South Dakota.

As led by Senator Lee Schoenbeck, Senate Joint Resolution 501 proposes a few skillfully placed overstrikes in Article V, Section 7 of the State Constitution to change Circuit Court Judges from having to openly compete for their seats every few years to only being subject to a retention election the same as Supreme Court Justices are:

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, providing for the retention elections of circuit court judges.

Be it resolved by the Senate of the State of South Dakota, the House of Representatives concurring therein:

Section 1. That at the next general election held in the state, the following amendment to Article V of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

Section 2. That Article V, § 7 of the Constitution of the State of South Dakota, be AMENDED:

§ 7. Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit each represents for an eight‑year term.

A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice or a circuit court judge shall be subject to approval or rejection as hereinafter set forth.

Retention of each Supreme Court justice or circuit court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpolitical ballot at the first general election following the expiration of three years from the date of his appointment. Thereafter, each Supreme Court justice and circuit court judge shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices and circuit court judges at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire. Each Supreme Court justice shall be subject to a statewide retention election and each circuit court judge shall be subject to a retention election by the electorate of the circuit the judge represents.

Follow the measure here.

As it’s a proposed constitutional change, the measure would be subject to approval by the voters of South Dakota on the next election ballot in 2024.

The concept is not so outlandish, as in reality, I am hard pressed to point out a Circuit Court Judge who has been defeated at the ballot box over the last several decades. Probably fewer than you have fingers on your right hand.  But, it does remove the competition and politicization for those seats, as all voters would have voice on is whether they affirm or reject the Governor’s selection for the bench three years after the appointment, and then every eighth year thereafter.

What do you think? Does it remove the spirit of competing for the offices, or a lot of unnecessary campaigning for offices that are almost never unseated?