United States District Court for the District of South Dakota
- 1 Vacancy warning level
- 2 Active judges
- 3 Jurisdiction
- 4 Caseloads
- 5 Notable cases
- 6 History
- 7 Federal courthouse
- 8 See also
- 9 External links
- 10 References
The United States District Court for the District of South Dakota is one of 94 United States district courts. The court is based in Sioux Falls with other courthouses in Rapid City, Pierre, and Aberdeen. The district was created in 1889, when the Dakota Territory was divided into North and South Dakota. When decisions of the court are appealed, they are appealed to the Eighth Circuit Court of Appeals based in Downtown St. Louis at the Thomas F. Eagleton Federal Courthouse and Building.
Vacancy warning level
There are no current pending appointments for the United States District Court for the District of South Dakota.
Article III judges
|Chief Judge Karen Schreier||1956||Sioux Falls, SD||Clinton||7/7/1999 - Present||2006 - Present||Richard Battey||St. Louis U., A.B., 1978||Saint Louis U. School of Law, J.D., 1981|
|Judge Jeffrey Viken||1952||Huron, SD||Obama||9/30/2009 - Present||Lawrence Piersol||U. of South Dakota, B.A., 1974||U. of South Dakota School of Law, J.D., 1977|
|Judge Roberto Lange||1963||Pamplona, Spain||Obama||10/21/2009 - Present||Charles Kornmann||U. of South Dakota, B.A., 1985||Northwestern U. School of Law, J.D., 1988|
|Senior Judge Charles Kornmann||Clinton||3/24/1995 - 7/31/2008||7/31/2008 - Present||College of St. Thomas, B.A., 1959||Georgetown U. Law Center, LL.B., 1962|
|Senior Judge Lawrence Piersol||Clinton||11/22/1993 - 7/31/2009||1999 - 2005||7/31/2009 - Present||U. of South Dakota, B.A., 1962||U. of South Dakota School of Law, J.D., 1965|
|Senior Judge Richard Battey||Reagan||10/28/1985 - 1/1/1999||1994 - 1998||1/1/1999 - Present||U. of South Dakota, 1950||U. of South Dakota School of Law, J.D., 1953|
|Senior Judge John B. Jones||Reagan||11/18/1981 - 1/1/1995||1991 - 1994||1/1/1995 - Present||U. of South Dakota, B.S., 1951||U. of South Dakota School of Law, LL.B., 1953|
|Magistrate Judge William D. Gerdes||02/27/2009 - Present|
|Magistrate Judge Veronica Duffy||06/11/2007 - Present|
|Magistrate Judge Mark Moreno||1993 - Present||U. of Illinois, B.A., 1980||Creighton U. Law, J.D., 1983|
|Magistrate Judge John Simko||09/01/2000 - Present|
The District of South Dakota has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
The jurisdiction of the District of South Dakota consists of all the counties in the state of South Dakota. The counties are split into four different divisions known as the Northern Division, the Southern Division, the Central Division, and the Western Division.
|Federal Court Case Load Statistics*|
|Year||Starting case load:||Cases filed:||Total cases:||Cases terminated:||Remaining cases:||Median time(Criminal)**:||Median time(Civil)**:||3 Year Civil cases#:||Vacant posts:##||Trials/Post|
|*All statistics are taken from the Official Federal Courts' Website and reflect the calendar year through September. **Time in months from filing to completion.|
#This statistic includes cases which have been appealed in higher courts. ##This is the total number of months that any judicial posts had spent vacant that year.
For a searchable list of opinions, please see District of South Dakota-Justia.com-Dockets and Filings.
| • Planned Parenthood challenges South Dakota 2011 abortion law (2012) Judge(s):Karen Schreier|
*Planned Parenthood MN, ND, SD v. Daugaard, et al. No. CIV. 11-4071-KES
|In June 2012, Judge Karen Schreier, of the United States District Court for the District of South Dakota, permitted portions of the State of South Dakota's July 2011 abortion law to go into effect, including mandatory on-sight counseling to determine that a woman is not being coerced into having an abortion. Schreier blocked the entire law when the suit was first filed and continued to prevent the laws three-day waiting period and mandatory visits to a pregnancy crisis center from going into effect.|
The District of South Dakota was established by Congress and assigned to the Eighth Circuit on February 22, 1889 with one post to cover the entire state. Over time two additional judicial posts were added for a total of three posts.
The following table highlights the development of judicial posts for the District of South Dakota:
|February 22, 1889||25 Stat. 676||1|
|February 26, 1929||45 Stat. 1317||2(1 temporary)|
|1933||Temporary post expired||1|
|February 10, 1954||68 Stat. 8||2 (1 temporary)|
|September 7, 1957||71 Stat. 631||2|
|October 20, 1978||92 Stat. 1629||3|
Former Chief Judges
In order to qualify for the office of Chief Judge in one of the federal courts, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as Chief Judge. A vacancy in the office of Chief Judge is filled by the judge highest in seniority among the group of qualified judges. The Chief Judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion.
For more information on the judges of the District of South Dakota, see former federal judges of the District of South Dakota.
Four separate courthouses serve the District of South Dakota.
- United States Court of Appeals for the Eighth Circuit
- News: South Dakota Federal Judge permits portions of the new SD abortion law to take affect, July 13, 2012
- United States District Court for the District of South Dakota Official Website
- United States Attorney for the District of South Dakota Official Website
- Judges of the District of South Dakota
- Opinions of the District of South Dakota
- Offices of the United States Attorneys, Official list
- WDIO.com "Judge Lets New South Dakota Abortion Restrictions Take Effect," June 27, 2012
- History of the District of South Dakota of the Federal Judicial Center
- United States Courts, Frequently Asked Questions
- United States Courts, "On Being Chief Judge," February 2009
|Magistrate judges||William D. Gerdes • Veronica Duffy • Mark Moreno • John Simko •|
|Former Article III judges|
|Former Chief judges|