South Dakota § 23A-21-2 - Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
Full text of South Dakota South Dakota Codified Laws § 23A-21-2 — Magistrate pro tempore to replace magistrate disqualified for bias or prejudice., with citation guidance and answers to common questions.
§ 23A-21-2. Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.
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 which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.
Source: SL 1978, ch 178, § 277.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-21-2
What does South Dakota Codified Laws § 23A-21-2 cover?
Section 23A-21-2 ("Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-21-2?
A common citation format is "South Dakota Codified Laws § 23A-21-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-21-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.